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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 09/24/1975r LIQUOR LICENSING AUTHORITY September 24, 1975 Regular Meeting - 7:30 P.M. Present: Rudy Baldivia Linda Renz CarlosrSeegmiller Ed Stoner Absent: James MacNair Staff Members Present: Perman, Groves, and Hoffman. Also: Assistant City Attorney Ramsey Myatt Minutes Approved Authority member Renz made a motion, seconded by Rudy Baldivia to approve the minutes as published from the regular meeting of July 30, 1975. The Chairman put the motion which was unanimously adopted. Authority member Renz made a motion, seconded by Rudy Baldivia to approve the minutes as published from the regular meeting of August 27, 1975. The Chairman put the motion which was unanimously adopted. Hearings The Chairman read the Hearing Procedures at length. Application for a 3.2% Fermented Malt Beverage License for Southland Corporation, dba Seven -Eleven Stores, 3035 West Prospect, approved Assistant City Attorney, Ramsey Myatt, advised the Authority that the premises have been posted, the necessary publication has been made, the applicant has paid all of the necessary fees and the application form is in proper form. Mr. Russell Pugh, Attorney, representing the applicant first presented to the Authority, petitions in support of this application. Mr. Tom Crider, 921 West 36th Street, Loveland, Colorado, was called to the stand and sworn by the Court Reporter. Mr. Crider advised the Authority that lie is the District Manager for the Northeastern part of Colorado and the type of supervision followed. Mr. James McCallum, 3501 South Stover, was next called and sworn by the Court Reporter. He advised the Authority that he is the District Supervisor of all of the stores in Fort Collins. Mr. Glenn Fischer, 305 Del Clair, was next called and sworn by the Court Reporter. Mr. Fischer advised the Authority that he is the Manager of the N N store at 303S West Prospect since it was opened approximately four months ago. This store is open 24 hours per day and the cooler containing the beer would be kept locked during the hours that beer cannot be sold. The Chairman next inquired if there was anyone who wished to speak in opposition to this application. There was none voiced. Authority member Renz made a motion, seconded by Rudy Baldivia that the appli- cation for a 3.2% Fermented Malt Beverage License submitted by Southland Corpor- ation dba Seven -Eleven Store, 3035 West Prospect Street. The Chairman put the motion which was unanimously adopted. Application for a Hotel -Restaurant Liquor License for Armory Realty Company dba Old Post Office, 201 South College Avenue, approved The Deputy City Clerk LaVonne Hoffman, read the resolution and findingsfrom the preliminary hearing at length. Authority member Stoner made a motion, seconded by Linda Renz to adopt the resol- ution setting forth the findings of the preliminary hearing on an application for a hotel -restaurant liquor license for Armory Realty Company dba Old Post Office, 201 South College Avenue. The Chairman put the motion which was unani- mously adopted. RESOLUTION OF THE LIQUOR LICENSING AUTHORITY OF FORT COLLINS SETTING FORTH FINDINGS ON A PRELIMIN- ARY HEARING ON A LIQUOR LICENSE APPLICATION WHEREAS, heretofore, ARMORY REALTY COMPANY, doing business as Old Post Office, made application to the Liquor Licensing Authority for a beer, wine and liquor license (Hotel, Restaurant); 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. -2- •o N 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 24th day of September, 1975: 1. That the subject premises are proper premises under the ordinances of the City of Fort Collins and the laws of the State of Colorado to be licensed for the sale of liquor as applied for by the applicant. 2. That the boundaries of the neighborhood to be served by this applicant are as follows: bounded on the South by Prospect Road, on the West by Taft Hill Road, on the North by Vine Drive, and on the West by Lemay Avenue. 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 September 24, 1975. Passed and adopted at a regular meeting of the Liquor Licensing Authority held this 24th day of September, 1975. -3- 00 W ATTEST: Chairman Mr. Gene Fischer, Attorney for the applicant called Mr. Ronald F. Weiszmann, of 1018 Twelfth Street, Golden, Colorado. Mr. Weiszmann was duly sworn by the Court Reporter and then gave testimony regarding his position with Armory Realty Company and the proposed outlet. Mr. Weiszmann presented applicant's Exhibit "A" petitions which were circulated to residents in, the area to be served by this proposed outlet. These petitions contained approximately 2,571 signatures. Applicant's Exhibit "B" was then presented being petitions which were circulated in the downtown business area. These petitions contained approximately 199 signatures. The Authority asked questions regarding the specific operation of the proposed outlet,building design, and parking problems. Mr. Weiszmann also elaborated on their proposed plans for entertainment to go along with the liquor license. The Authority also inquired into the financial backing for this operation and was assured that this was no problem. Ms. Margo Newhauser, Petition Circulator, was next called and was duly sworn. Ms. Newhauser gave testimony regarding the reactions of the businesses she visited. Mr. Ruben Rameriz, owner of the Golden Ram, spoke to the parking problems stating there definitely were parking problems in the downtown area. No other opposition was voiced. Authority member Stoner made a motion, seconded by Linda Renz to approve the application for a Hotel -Restaurant Liquor License submitted by the Armory Realty Company, dba The Old Post Office, 201 South College Avenue. The Chairman put the motion which was unanimously adopted. Application for a 3.2% Fermented Malt Beverage License for Donald Gunn an(l Steven Foster dba Panhandlers, 1220 West Elizabeth, approved Mr. Tom Metcalf, Attorney for the applicants, first called Mr. Donald Gunn, 1700 Banyan, who was duly sworn by the Court Reporter. Mr. Gunn gave testimony as to the type of operation, menu and management of the business. Mr. Gunn submitted applicant's Exhibits "A", "B", and "C"; petitions circulated to the inhabitants of the neighborhood in support of this application containing approximately 156 signatures. -4- 7L Mr. Steven Foster, 1618 Banyan was called to testify and was duly sworn by the Court Recorder. Mr. Foster spoke to his capacity in this operation and his previous experience. Applicant's Exhibit "D" was submitted being a petition circulated to inhabitants of the area containing 68 signatures. Ms. Pamela Stramberg, 1618 Banyan Drive, was called and duly sworn by the Court Recorder. Ms. Stramberg testified to applicant's Exhibit "E", being petitions circulated to the inhabitants of the neighborhood in support of this application containing 144 signatures and her employment with the proposed operation. Ms. Elizabeth Bruno, 1700 Banyan, was next called and duly sworn by the Court Recorder. Ms. Bruno testified as to her position in the operation of the business and submitted applicant's Exhibit "F", petitions containing 64 signa- tures in support of the application. The Chairman inquired if there were any opposition to this application. There was none voiced. Authority member Baldivia made a motion, seconded by Linda Renz to approve the application for a 3.2% Fermented Malt Beverage License submitted by Donald B. Gunn and Steven Foster dba Panhandlers, at 1220 West Elizabeth Street. The Chairman put the motion which was unanimously adopted. Boundaries Established on an Application for a Hotel -Restaurant Liquor License Submitted by Pryntha Jones dba Sportsman's Bar The recommendation regarding the boundaries set out by the adminstration is as follows: South from the subject premises to Mulberry, West from the subject premises to Meldrum, North from the subject premises to Maple, East from the subject premised to Jefferson and Riverside The applicant advised the Authority that the recommendation from the administra- tion was agreeable. Authority member Stoner made a motion, seconded by Rudy Baldivia to set the boundaries as recommended by the administration. The Chairman put the motion which was unanimously adopted. Application for a Wine and Beer License for Pelican Fish, 1uc. dl>a Pelican Pete's Fish Market and Oyster Bar, 3512 South Mason, accepted and the hearine dates set Authority member Baldivia made a motion, seconded by Linda Renz to accept the application from Pelican Fish Inc., dba Pelican Pete's Fish Market and Oyster Bar, 3512 South Mason, set the preliminary hearing date as October 22, 1975 and the final hearing date as November 19, 1975. The Chairman put the motion which was unanimously adopted. -5- 00 Application for a 3.2% Fermented Malt Beverage License Submitted by Brew, Hibdon and Hibdon dba Handi-Pak, 1131 North College, accepted, Hearing Date Set and the Boundaries for the Area to be Served Established Authority member Linda Renz made a motion, seconded by Ed Stoner to accept the application for a 3.2% Fermented Malt Beverage License, set the final hearing date on October 22, 1975, and establish the boundaries for the area to be served as 2,000 feet in each direction. The Chairman put the motion which was unanimously adopted. Application for a 3.2% Fermented Malt Beverage License Submitted by Wayne K. Schrader dba City Center Market, 144 North Howes, accepted, Hearing Date Set, Boundaries Established Authority member Renz made a motion, seconded by Rudy Baldivia to accept the application for a 3.2% Fermented Malt Beverage License submitted by Wayne K. Schrader dba City Center Market at 144 North Howes, set the hearing date as October 22, 1975 and establish the boundaries for the area to be served as 2,000 feet in each direction. The Chairman put the motion which was unanimously adopted. Renewal of a 3.2% Fermented Malt Beverage License for Panchos Cafe, 1802 North College Avenue, approved Deputy City Clerk, LaVonne Hoffman, advised the Authority that the Police Department report was negative and that this application is a routine renewal. Authority member Stoner made a motion, seconded by Rudy Baldivia to approve the renewal of a 3.2% Fermented Malt Beverage License for Pancho's Cafe, at 1802 North College. The Chairman put the motion which was unanimously adopted. Renewal of a 3.2% Fermented Malt Beverage License for Speedy Foods East, 421 Cowan, approved Deputy City Clerk, LaVonne Hoffman, advised the Authority that this is a routine renewal application and the Police Department report is negative. Authority member Renz made a motion, seconded by Rudy Baldivia to approve the renewal application for a 3.2% Fermented Malt Beverage License for submitted by Speedy Foods East, 421 Cowan. The Chairman put the motion which was unanimously adopted. Renewal of a 3.2% Fermented Malt Beverage License for Joseph J. Borghi dba TJ's at 142 Linden approved Deputy City Clerk, LaVonne Hoffman, advised the Authority that this was a routine renewal and that the Police Department report is negative. Authority member Baldivia made a motion seconded by Ed Stoner to approve the renewal application for a 3.2% Fermented Malt Beverage License for TJ's at 142 Linden. The Chairman put the motion which was unanimously adopted. -6- V 00 Change of Ownership for F $ R Limited dba Golden Ram, 214 Linden Street approved Mr. Ruben Ramirez, the applicant advised the Authority that he was buying out his partner, Frank Pine. Authority member Stoner made a motion, seconded by Rudy Baldivia to approve the change of ownership for F $ R Limited dba Golden Ram. The Chairman put the motion which was unanimously adopted. Mr. Ramirez also presented a plan for expanding the business operation. The Authority discussed the general aspects of the expansion and requested Mr. Ramirez to return with more specific information at the next regular meeting on October 22, 1975. Change of Ownership for Green Turtle Cafe, 150 North College Avenue, approved Mr. Charlie Bloom, Attorney for the applicant advised the Authority that when this application came before the Authority it was a sole proprietorship and has now become a corporation. Dr. Joni Stephen Shephard was the owner and Mr. Stevan Van Lear the manager. The corporation has now been formed consisting of Dr. Shephard and Mr. Van Lear. Mr. Bloom requested that the original appli- cation be withdrawn and the corporate application be submitted. Authority member Renz made a motion, seconded by Rudy Baldivia to approve the withdrawal of the original application and the submission of a new application in the corporate name. The Chairman put the motion which was unanimously adopted. Transfer of Ownership for Sagebrush Restaurant and Lounge, 934 Lemay Tabled The Chairman inquired if the applicant was present; no one responded. The Deputy City Clerk LaVonne Hoffman, advised the Authority that the file was not yet complete and as such this item needed to be tabled to the next regular meeting on October 22, 1975. Authority member Renz excused herself from any voting or discussion of this application. Authority member Stoner made a motion, seconded by Rudy Baldivia to table this item to October 22, 1975. Yeas: Authority members Baldivia, Seegmiller and Stoner. Abstain: Authority member Renz. Resolution Granting a 3.2% Fermented Malt Beverage License to McDonalds Poor Boy Sub, 708 South College, adopted Deputy City Clerk, LaVonne Hoffman, read the resolution at length. City Attorney, Ramsey Myatt, advised the Authority that the assigned lease had not yet been received. -7- 00 M Authority member Baldivia made a motion, seconded by Linda Renz to adopt the resolution granting the license to NtDonald's Poor Boy Sub, contingent upon receiving an assigned lease agreement. The Chairman put the motion, which was unanimously adopted. RESOLUTION OF THE LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS CONCERNING AN APPLICATION FOR A CLASS A LICENSE TO SELL NON -INTOXICATING MALT LIQUOR AND SETTING FORTH THE FINDINGS OF THE LIQUOR LICENSING AUTHORITY ON SAID APPLICATION The application of McDonald's Poor Boy Sub, Inc. for a Class A License for the sale of non -intoxicating malt liquor came on for hearing on 27th, day of August, 1975, before the Liquor Licensing Authority of the City of Fort Collins, and the Liquor Licensing Authority having heard the testimony and received the evidence produced at said hearing and having considered and weighed the same and being familiar with the neighborhood for which the license is sought, now makes the following findings: 1. The license sought by the applicant is for a loca- tion at 708 South College Avenue, Fort Collins, Colorado, said site being occupied as a restaurant, the license being sought in connection with such business. 2. The testimony and petitions presented by the appli- cant at the hearing were to the effect that the inhabitants of the neighborhood desire that tha license be granted and the needs of the neighborhood require the granting of this license. No testimony or petitions were presented contrary to this postition of the ar>nlicant. M N N 3. The building in which the license is to be operated is now constructed; however, the plans and specifications of the applicant show that h, applicant proposes to improve said premises to accomodate the proposed licensed premises and no license should issue until the construction is com- pleted in accordance with the plans and specifications submitted by the applicant and the requirements of the Building Inspector made in conformity with the Ordinances of the City of Fort Collins. It is therefore the opinion and finding of the Liquor Licensing Authority that: A. The inhabitants of the neighborhood desire that the license be granted. B. The needs of the neighborhood require the granting of the license. NOW, THEREFORE, be it resolved by the Liquor Licensing Authority of the City of Fort Collins that the application of McDonald's Poor Boy Sub, Inc. for a Class A License for the sale of non -intoxicating malt liquor at 708 South College Avenue, Fort Collins, Colorado be and the same is hereby granted. BE IT FURTHER RESOLVED that said license shall not issue until the construction of the licensed premix s is completed in accordance with the plans and specifications submitted to the Authority and the requirements of the City Building Inspector, and the Authority has received a report 00 from said Building Inspector that said improvements have been completed in accordance with said plans and specifica- tions and the requirements of the Building Inspector. Passed and adopted at a regular meeting of the Liquor Licensing Authority of the City of Fort Collins, Colorado, held this 24th day of September ATTEST: .:�_�.i., n,..-n.r i ..ter _ �i✓)�r �. City Clerk �;b A.D., 1975 Resolution Granting a Hotel -Restaurant Liquor License With Extended Hours to Albert Edwin Goodwin III, dba Lift Ticket Lounge, 181 North College Avenue, adopted Deputy City Clerk, LaVonne Hoffman, summarized the resolution for the Authority. Authority member Stoner made a motion, seconded by Rudy Baldivia to adopt the resolution granting the Hotel -Restaurant Liquor License with extended hours to Albert Edwin Goodwin III, dba The Lift Ticket, 181 North College Avenue. The Chairman put the motion which was unanimously adopted. FINDINGS AND RESOLUTION OF THE LOCAL LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, COLORADO, CONCERNING AN APPLICATION FOR A BEER, WINE AND LIQUOR LICENSE (HOTEL, RESTAURANT) WITH EXTENDED HOURS The application of Albert Edwin Goodwin, III for a Beer, Wine and Liquor License (Hotel, Restaurant) with extended hours came on for hearing on the 27th day of August, 1975, in the Council Chambers, City Hall, Fort Collins, Colorado, pursuant to notice duly given as required by law. -10- M N The authority, having heard the evidence introduced at the hearing, and having examined the documents introduced and having heretofore held a preliminary hearing and issued findings in writing on said preliminary hearing, now makes the following findings: 1. The neighborhood to be served under this application is as defined in the preliminary findings of the Authority. 2. Nothing contained in C.R.S., 1963, Section 75-2-39 prohibits the issuing of a license at the proposed location. 3. The applicants are of good character and qualified under the Ordinances of the City of Fort Collins and the laws of the State of Colorado for the license applied for. 4. The application is in proper form. 5. Petitions were presented and received at the hearing, indicating a need for the license applied for and no substantial evidence was presented indicating that said need does not exist, and the local licensing authority hereby finds that the reasonable requirements of the neighborhood require the issuance of the license applied for. The Authority recognizes that other licenses exist in the neighborhood, but hereby finds that an additional need exists for the license applied for. 6. The building in which the license is to be operated is now constructed; however, the plans and specifications of the applicant show that the applicant proposes to improve said premises to accommodate the proposed licensed premises -11- 00 M and no license should issue until the construction is completed in accordance with the plans and specifications submitted by the applicant and the requirements of the Building Inspector made in conformity with the Ordinances of the City of Fort Collins, and the requirements of the Fire Inspector have been complied with. RESOLUTION OF THE LOCAL LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, COLORADO, CONCERNING AN APPLICATION FOR A BEER, WINE AND LIQUOR LICENSE (HOTEL, RESTAURANT) WITH EXTENDED HOURS BE IT RESOLVED by the coca: Liq:.or Licensing Authority of the City of Fort Collins, Colorado that the application of Albert Edwin Woodwin, III for a Beer, Wine and Liquor License (Hotel, Restaurant) with extended hours be and the same hereby is granted in accordance with the findings of the Authority set forth above; and BE IT FURTHER RESOLVED that said license shall not issue until the construction of the licensed premises is completed in accordance with the plans and specifications submitted to the Authority and the requirements of the City Building Inspector, and the Authority has received a report from said Building Inspector that said improvements have been completed in accordance with said plans and specifipa- tions and the requirements of th-- Building Inspector. 1975. Passed and adopted this 24th day of September, A.D. -12- N CYrairman ATTEST: City Cler ' Consider Code Amendments City Attorney, Ramsey Myatt reviewed the proposed changes with the Authority. Change Section 33-4 to conform to new State law. A copy of this law has been requested from the State but as yet has not been received. §33-14.B. Changed to read as follows: "B. All licenses granted subject to the terms and condit sions of applicable state law imposed by resolution of the Li licenses granted shall be subje a license from the State of Col sell fermented malt beverages o in the license and only within application unless approval for first received from the Liquor hereunder shall be granted ions of this Article, the provi- and any terms and conditions quor Licensing Authority. All ct to the applicant obtaining orado. A license holder shall my at the location set forth the area encompassed by the transfer of the location is Licensing Authority." §33-15.A. Changed to read as follows: "A. Each applicant for a license hereunder shall comply with the requirements of the city adopted by resolution of the Liquor Licensing Authority. No application for a license shall be received or acted upon where within twelve (12) months next preceding the date of the application the Liquor Licensing Authority has denied an application at the same location for the reason that the reasonable :-equirements of the neighborhood were satisfied by the existing ..nticts." §33-15.C. A new section needs to be inserted here to conform to the new State law concerning the term of the license. -13- §33-21. Changed to read as follows: "§33-21. Revocation of license. "Any license granted hereunder may be suspended immediately by the Liquor Licensing Authority for cause upon notice to the licensee. In case of such suspension, the Liquor Licensing Authority shall hold a hearing on the same within fifteen (15) days after the suspension and shall notify.the licensee at the time of the suspension as to the date of the hearing. A license may be revoked after a hearing to be held by the Liquor Licensing Authority, after notice to the licensee and opportunity to be heard. The violation of any of the provisions of this Article, except as herein provided, or of the laws or regulations of the State of Colorado relating to fermented malt beverages or any falsification of any statement in the application shall be grounds for revocation." QA 123-2.D., Change the first sentence thereof to read as follows: "D. Upon receipt of the completed application, the City Clerk shall notify the Local Licensing Authority of the filing of the application at the next regular meeting of the Authority and request that a hearing date be set. This procedure shall apply to hearings concerning applications for new licenses, hearings on applications for the transfer of ownership of exist- ing licenses, and to hearings on applications for a change in location of an existing license. No Dublic hearing will be scheduled for the renewal of an existing license unless the Local Licensing Authority orders otherwise, and normally such matter will be determined at the first meeting of the Authority follow- ing the filing of the application."* VA 123-3.A., Changed to read as follows: "A. Upon being notified of the filing of an application, the Local Licensing Authority shall set a date for hearing in accordance with the provisions of state law, which hearing shall not be sooner than 45 days after receipt of the application."* VA 123-3.D., Changed to read as follows: "D. The City Manager :;hall rop)rt to the Licensing Authority the result of his i.nvestig; . ion :is .: )on as possible and, in my event, at least three weeks prior �o the date set for heaein; on the license application. The City Manager shall further report at such meeting on the number and type of liquor outlets within one (1) mile in any direction of the proposed location and shall recommend to the Authority the boundaries to be established for the neighborhood which would be served by the proposed -14- N N license. Based upon such report and any other evidence which the Licensing Authority may consider, the Authority shall make its determination in writing, as to whether or not the applica- tion for a license shall be received and acted upon. The result of such determination shall be furnished to the applicant and any other interested party. At such time the Authority shall further determine the boundaries of the neighborhood to be served by the proposed license and shall hear evidence from any interested party as to the setting of such boundaries. At such time the City Clerk shall be directed to accomplish the posting and publication of notice and at the time of the final hearing the Authority shall make a determination as to the adequacy of such publication and posting. At the hearing the Local Licensing Authority shall further make a preliminary determina- tion as to the qualifications of the applicant regarding his character, reputation, citizenship and other matters applicable. All determinations at the preliminary hearing will be subject to change in the event further evidence is introduced at the final hearing."* VA 123-4., Change the last sentence to read: "No signatures will be considered which are dated prior to the date the application was received by the Local Licensing, Authority."* VA 123-5., Changed to read as follows: "Licenses sha11 be issued by the City Clerk of the City of Fort Collins as.directed by the Authority. No license shall be issued for a building to be constructed until such build- ing is ready for occupancy with such furniture, fixtures, and equipment as is necessary, all as shown on the plans and specifi- cations submitted by the applicant at the time of the application. Proof of such compliance shall be established by filing with the City Clerk a certificate from the Office of the Building Inspector of the City of Fort Collins that the building so com- lies. The applicant shall request an inspection by the Building Inspection Department in order to obtain such certificate." . VA 123-7.C., Changed to read as follows: "C. The requests shall be filed with the City Clerk of the City of Fort Collins, who shall, at the next regular meet- ing of the Authority, notify the Authority of the filing of said request."* VA 123-7.E., Change the first sentence to read: "E. Upon receipt of the report of the City Mana-er, the Authority shall review the same, and if it determines that the request for enlargement, modification, or expansion is substantial, -15- M N it shall schedule a public hearing upon than thirty (30) days from the date of pose of determining whether or not the of the neighborhood justify or support request."* such request not less the request for the pur- reasonable requirements the granting of said *These items were covered in recommended changes in Liquor Licensing Authority Rules and Regulations in the Memorandum dated August 31, 1973, which I believe was acted upon later in 1973 by the Authority. ARTICLE II Fermented Malt Beverage License 1A 123-11.G. Changed to read as follows: "All applications shall be filed with the City Clerk and upon receiving the same, the City Clerk shall set the matter for preliminary hearing on the application to be set oil the aaenc:a for a Liquor Licensing Authority meeting to be held no less than eleven (11) and no more than thirty (30) days after the receipt of the application. The City Clerk shall further submit copies of the application, with all exhibits thereto, to the City Attorney and the Police Department. The City Clerk shall further advise the applicant of the date for preliminary hearing, and the applicant may appear at such hearing. At the preliminary hearing the Authority shall determine whether the application is in compliance with the requirements of law, and if it so complies, the Authority shall set a date for hearing the applica- tion and may impose special requirements upon the applicant not inconsistent with this resolution, the ordinances of the City or state law." 1A 123.11.H. Changed to read as follows: "The City Council has determined and established that the immediate neighborhood most likely to be affected in connection with the fermented malt beverage license is an area two thou- sand (2,000) feet in each direction from the address of the applicant, squared to the nearest street and to include both sides of the street which are indicated as to boundaries. In the event the proposed location is such that the afore defined neighborhood does not appear reasonable, the Authority shall at the preliminary hearing set the boundaries of the neighbor- hood. The applicant shall be presumed to have agreed to the boundaries so established unless he shall file a written protest as to such boundaries with the Authority not less than five (5) days after the date of the preliminary hearing." -16- W VA 123.11.L.(2) Changed to read as follows: "The Authority may at the public hearing, limit the presenta- tion of evidence and cross-examination so as to prevent repetitive and cumulative evidence or examination." TA 123.11.N. Changed to read as follows: "The Authority may make such independent investigation as it deems necessary or advisable in connection with any applica- tion for a license." 1A 123.11.0. Changed to read as follows: "Before entering any decision approving or denying any application, the Liquor Licensing Authority shall consider the facts and evidence obtained as the result of the investigation, as well as any other facts presented at the hearing or obtained as a result of an independent investigation by the members of the Authority, the reasonable requirements of the neighbo~hood for the type of license for which the application has been made; the number, type and availability of other licensed outlets located in or near the neighborhood under consideration; and any other pertinent matters affecting the qualifications of the applicant for the conduct and the type of business proposed." 5A 123.11.P. Changed to read as follows: "The decision of the Authority approving or denying the application shall be in writing, stating the reasons therefor, and shall be announced within thirty (30) days after the date of the public hearing. A copy of such decision shall be sent by certified mail to the applicant at the address as shown on the application." TA 123.12.C. Changed to read as follows: "In the case of the transfer of ten percent (10%) or more of the capital stock of any corporation holding a license, such change shall be reported not less than ten (10) dyas prior to such transfer, and approval shall be obtained from the Liquor Licensing Authority before such transfer is made." 1A 123.12.H. Changed to read as follows: "A transfer fee of fife, dollars ($50.00) shall be deposited with the application, the same to cover the work of investigation and review by the City Clerk and Police Department." -17- ob qA 123.12.I Changed to read as follows: "This type of change does not require a public hearing to be conducted by the Liquor Licensing Authority, but must be pre- sented to the Liquor Licensing Authority for recommendation to the State Licensing Authority. It shall not be necessary to post notice on the premises nor to publish legal notice of the pro- posed transfer in connection with this type of change." 9A 123.12.J. Changed to read as follows: "No preliminary hearing shall be held in connection with this type of application; but the City Clerk, upon receiving such application, shall set the matter for hearing on the agenda of the Liquor Licensing Authority at a date not less than eleven (11) days nor more than thirty (30) days from the date of receipt of the application." 9A 123.13.B. Changed to read as follows: "The policies and procedures for such change of licensed premises shall be the same as those set forth'in VA 123.11 here- of, except information and investigation regarding the applicant shall not be required. The application fee of three hundred dollars ($300.00) shall be charged; provided, however, that in the case of an enlargement of the premises amounting to an in- crease in size of the premises not exceeding twenty-five percent (25%) of the original licensed premises, the fee charged shall be fifty dollars ($50.00) and publication and posting of the premises and the services of a reporter at the hearing shall not be required, tnless otterwise ordered by the Liquor Licensing Authority." 1A 123.13.C. Changed to read as follows: "Applications for change under this section shall be made on forms to be provided by the city, and application shall be filed with the City Clerk as in applications under I A 123.11 hereof." Authority member Stoner made a motion, seconded by Rudy Baldivia to recommend to the Council to make the above changes to the Code of Ordinances. The Chairman put the motion which was unanimously adopted. Report on Surveys Chairman Seegmiller gave a brief review of the memo from City Clerk, Verna Lewis to the City Manager Robert Brunton. At the regular Liquor Licensing Authority meeting held August 27, 1975, the acting Chairman, James PAacNair reported to the Authority that it has come to his attention that other municipalities around the State circulate an independent petition or make an independent survey of the "needs of the neighborhood" and "desires of the inhabitants" in a boundary as designated by the Authority. It was the consensus of the Authority zhat they would like to have the City of Fort Collins pursue a similar (:ourse of action. The Authority felt that more weight would be given to the results of an independent investi- gation than to petitions circulated by the applicant or remonstrances filed by other interested parties. At my recommendation the Authority agreed to waive action on making* a specific request of the Administration pending a report on how the Administra- tion perceives such an independent survey might be put into action. When I discussed this briefly with you, I understood you to indicate that you felt the Planning Office should provide input on how another licensed outlet would impact on the Comminity. I have investigated cities who have such a program in effect. The results are as follows: City Lakewood Greeley Colorado Springs Golden Number of Outlets Method 162 Employ a part-time Liquor Inspector, 6 hours a daN , 5 <ays a week. In- cumbent is bi!dg_ctcd in City Cl rk's budget and is paid 51.84 per hour. 1.nkewood also has a paid Liquor Licensing Authority who is appointed by the Council. The Deputy City Clerk serves as Secretary to the Liquor Licensing Authority. 59 City employs petition circulators from Employment Office. Person is paid $2.66 per hour. City Council serves as the Liquor Licensing Authority. City Clerk serves as processing agent. 333 City employs 4 part-time petitioners, budgeted in City Clerk's Office. In- cumhents are paid $2.48 per hour. City Council acts as Liquor Licensing Authority. City Clerk serves as•processing agent. 27 Golden employs a firm, Attorneys Services, Inc., to do their independent survey. The cost is $250.00 per survey. -19- s :.uthority member MacNair had recommended we contact the University College of business and see if the marketing students would be interested in this project. 1 would like to meet with you at your earliest convenience to get your input on what course of action we would recommend. The Authority discussed this matter and came to a consensus for the need of an independent survey. The Chairman of the Authority will compose a letter to the Administration and to the City Council expressing the Authority's wishes. Meeting Dates Changed The meeting dates for November and December were incorrectly posted and need to be rescheduled for November 19, 1975 and December 17, 1975. Authority member Baldivia made a motion, seconded by Ed Stoner to correct the meeting dates as set out above. The Chairman put the motion which was unanimously adopted. Adjournment Authority member Stoner made a motion, seconded by Linda Renz to adjourn. The Chairman put the motion which was unanimously adopted. ATTEST: Secretary G (, L r' } �C,t� vV , J 0 0 14 Chairman -20-