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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 08/27/19759 LIQUOR LICENSING AUTHORITY August 27, 1975 Regular Meeting - 7:30 P.M. Present: Rudy Baldivia James MacNair Linda Renz Edward Stoner Absent: Carlos Seegmiller Staff Members Present: Ferman and Lewis. Also: Assistant City Attorney Myatt. Minutes of Regular Meeting of July 30, 1975 Tabled Chairman pro tem MacNair advised the Authority that due to a printing break- down, the minutes have not been made available for distribution. Authority Member Renz made a motion seconded by Rudy Baldivia to table the approval of the minutes to the September 24, 1975, regular meeting. The Chairman put the motion which was unanimously adopted. Application for a Hotel -Restaurant Liquor License with extended hours by Albert Edwin Goodwin III, dba Lift Ticket Lounge approved Chairman pro tem MacNair read the rules of procedure at length. City Clerk, Verna Lewis, then read the finding of the Preliminary Hearing. Authority Member Baldivia made a motion seconded by Linda Renz to adopt the resolution. The Chairman put the motion which was unanimously 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, ALBERT EDWIN GOODWIN, III, doing business as Lift Ticket Lounge, made application to the Liquor Licensing Authority for a beer, wine and liquor license with extended hours (Hotel, Restaurant); and 9 Cl WHEREAS, the Liquor Licensing Authority has received reports concerning such applications, and has held a prelim- inary hearing on such application as provided in Rule 3 of the Rules of Procedure of the Liquor Licensing Authority. NOW, THEREFORE, BE IT RESOLVED BY THE LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, that the Authority hereby makes the following preliminary findings and determin- ations,concerning this application, subject to the right of any party in interest to present further evidence concerning any of such findings and determinations at the hearing to be held on this application on the 27th day of August, 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: bordered on the South by Mulberry Street, on the West by Meldrum Street, on the North by Maple Street and on the East by Riverside Avenue and Jefferson 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. -2- Ll 5. That the application is in proper form and will be heard by the authority on August 27, 1975. Passed and adopted at a regular meeting of the Liquor Licensing Authority held this 27th day of August, 1975. j �ia�irman ATTEST: / City Clerk Attorney Ronald H. Strahle representing the applicant stated that if it pleased the Authority, he would waive an opening statement and proceed to offer evidence. Mr. Albert E. Goodwin:. III, 314 E. Mulberry, was sworn by the Court Recorder and gave testimony to the following exhibits submitted by the applicant: 1. Applicant's Exhibit "A" being a copy of the lease assignment. 2. Applicant's Exhibit "B" through "G" being photographs of the interior of the building. 3. Applicant's Exhibit "H" being petitions in support of the appli- cation signed by patrons of the Lift Ticket Lounge. 4. Applicant's Exhibits "I" and "J" being petitions circulated in the area to businesses. Mr. Goodwin gave further testimony to his personal background; and what he proposed to do regarding the serving of meals specifically by the serving of sandwiches, T.V. dinners, and pizza. Authority Member Stoner stated that the lease submitted was subject to a 3.2% beer license, and inquired if that was going to be changed. Mr. Goodwin. and Attorney Strahle responded that the owner of the property is out of the state and a consent form to the assignment has been sent to her. It has not been returned, but she has given her local consent through her attorney and a copy can be furnished if the Authority wishes. Authority Member Renz inquired if the basement area had been closed as recommended by the Fire and Building inspectors? Mr. Goodwin stated it had been closed down two weeks ago. -3- Ms. Debra Ann Wyatt, 401 Peterson, was sworn by the Court Recorder and gave testimony relating to applicant's Exhibit "K" being a petition circulated in the boundary and signed by residents. Mr. Morrie McGee, 326 Peterson, was sworn by the Court Recorder and gave testimony as to his knowledge of the operation and his feeling that the license for this location is needed. Attorney Strahle concluded the presentation on behalf of the applicant. Mr. Richard Stencel, 905 Mountain Avenue, and one of the owners of the Brothers Restaurant was sworn by the Court Recorder and spoke in opposi- tion to the granting of this license. Attorney Strahle next directed questions to Mr. Stencel regarding his presentation. Mr. Stencel offered protestants Exhibit I being a petition opposing the granting of the license to this proposed outlet. The City Attorney ruled the Authority could admit the exhibit as evidence. Authority Member Renz challenged signatures on protestants Exhibit I and Mr. Stencel made repsonse to specific questions relating to the signatures. Chairman pro tem MacNair advised the Authority that they could either render a decision this evening or take the application under advisement and render a decision in 30 days. Authority Member Stoner made a motion seconded by Linda Renz to approve the application by Albert Edwin Goodwin, III subject to written approval of the Fire and Building Inspectors that the Lift Ticket is safe for occupancy. The Chairman put the motion which was unanimously adopted. Application Received and Hearing Dates Set on a Hotel -Restaurant Liquor License by Pryntha Winfrey dba Sportsman's Bar at 210 Walnut City Clerk, Verna Lewis, stated that Attorney Strahle represented the applicant who had submitted an application at the close of the business day and requested the Authority act on the application. City Attorney Myatt stated he had not reviewed the file but would prior to the next meeting and give the applicant written notice of any deficiencies. Authority Member Renz made a motion seconded by Rudy Baldivia to accept the application and set the hearing dates as September 24, and October 22, 1975. The Chairman put the motion which was unanimously adopted. Application for a 3.2% Fermented Malt Beverage License by McDonald's Poor Boy Sub., Inc. approved City Clerk, Verna Lewis, stated that this is the date of the final hearing, the premises have been posted and publication made. There is no police report available, but the attorney for the applicant wished to proceed. City Attorney Myatt advised the Authority that the Authority could proceed with the hearing and if it was their desire to grant the license it could be granted contingent upon recieving a negative police report and a properly executed lease. Attorney Ben Napheys II, representing the applicant, waived opening remarks and inquired if there was any opposition, hearing none, he called Mr. James Kirk McDonald to the stand. Mr. McDonald, 801 East Drake, was sworn by the Court Recorder and gave testimony regarding the following petitions: 1. Applicant's Exhibit "A" being nine letters of reference for the members of the Officers of the Corporation. 2. Applicant's Exhibit "B" being a floor plan of the existing estab- lishment with the proposed changes for equipment. 3. Applicant's Exhibit "C" being the lease agreement, and 4. Applicant's Exhibit "D" being the lease assignment. Attorney Napheys explained the landlord's consent to the assignment; the landlords have agreed to the assignment contingent upon proper insurance. Applicant's Exhibits "E" and "F" were next presented, and identified by Mr. Kirk McDonald as petitions circulated in the business among the patrons; and petitions circulated among residents of the neighborhood. Mr. James D. McDonald, 2502 South Yarrow Street, Lakewood was sworn by the Court Recorder and gave testimony as to his personal background, his involvement in the proposed operation, and the petitions. The following petition circulators were sworn by the Court Recorder and gave testimony regarding the petitions: Exhibit "E" 1. Miles Austin, 324 Azalea Drive. 2. Marsha Coats, 202 Remington Street. 3. Stephen Nelson, 701 Parker Street. At the close of the hearing, Chairman pro tem MacNair stated the Authority could either render a decision this evening or take the matter under advise- ment. Authority Member Renz made a motion seconded by Ed Stoner to approve the license application for Poor Boy Sub., Inc., subject to recieving a negative police report on the three members of the corporation. -5- The Chairman put the motion which was unanimously adopted. Boundaries Established on an application for a Hotel - Restaurant Liquor License by Armory Realty Company, dba Old Post Office, 201 South College Avenue City Clerk, Verna Lewis, advised the Authority that the administration recommends the following boundary for this application: North from the Subject Premises to Maple Street; East of the Subject Premises to Jefferson Street to its intersection with Chestnut Street, then South to Mathews, West of the Subject Premises to Howes Street. The licensed outlets in the proposed boundary are as follows: 1. Hotel Restaurant Liquor Licenses: (a) Country Politan (b) Northern Hotel (c) Lift Ticket Lounge (d) Out of Bounds (e) Catacombs (f) The Brothers (g) Golden Ram (h) Gene's Tavern 2. Retail Liquor Stores: (a) Ace Liquors 3. Beer and Wine: (a) Giuseppe's (b) Green Turtle 4. Club Licenses: (a) VFW City Clerk, Verna Lewis added further the boundary recommendation had not been discussed with the applicant. Attorney William Beardslee representing the applicant; the applicant's representative, Mr. Ronald Weiszmaci was present and proposed the following boundary: Prospect on the South; Vine Drive on the North; Lemay on the East; and Taft Hill on the West., Authority Member Stoner inquired if the applicants would object to the city limits as the boundary. Attorney Beardslee stated they would have no objection to the city limit as the boundary. Authority Member Renz made a motion, seconded by Rudy Baldivia to establish the boundary for the Old Post Office application as Prospect on South; Vine on the North; Lemay on the East; and Taft Hill on the West, with the final hearing date as September 24, 1975. -6- The Chairman put the motion which was unanimously adopted. Resolution adopted Granting a Beer and Wine License to John Stephan Shephard, dba The Green Turtle City Clerk, Verna Lewis, stated the approval of this license had been granted subject to receiving a negative police report on the Manager, Mr. Steven Van Lear. The following letter was read into the record: TO: Mr. Robert Brunton, City Manager FROM: Gary J. Perman, Lieutenant, Investigative Division SUBJECT: Background Investigation of Steven Hunter Van Lear, Manager, The Green Turtle, 150 North College AVenue, Fort Collins Sir: Pursuant to direction received from the Liquor Licensing Au- thority, I have investigated the background of the above named individual who is employed as the manager of the Green Turtle Cafe. Mr. Van Lear is 28 years ofage, married, with no children, and resides at 531 Gregory Road in Fort Collins. He has not been convict- ed of a felony, a gambling offense, or a liquor law violation in the past 15 years. Six letters were mailed to law enforcement agencies in areas of the country where Mr. Van Lear has resided, and five replies were re- ceived, all of which advised that they had no criminal record on file for him. All local records checks also showed no record for Mr. Van Lear. Ralph M. Smith Chief of Police GJP/sg -7- Respectfully submitted, Gary J. Perman, Lieutenant Investigative Division Authority Member Renz made a motion, seconded by Authority Member Stoner to adopt the resolution. The Chairman put the motion which was unanimously 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, John Stephen Shepard, doing business as the Green Turtle Cafe, made application to the Liquor Licensing Authority for a beer and wine liquor license; and WHEREAS, the Liquor Licensing Authority has received reports concerning such applications, and has held a prelim- inary hearing on such application as provided in Rule 3 of the Rules of Procedure of the Liquor Licensing Authority. NOW, THEREFORE, BE IT RESOLVED BY THE LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, that the Authority hereby makes the following preliminary findings and determin- ations concerning this application, subject to the right of any party in interest to present further evidence concerning any of such findings and determinations at the hearing to be held on this application on the 30th day of July, 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 0 0 served by this applicant are as follows: bordered on the South by Mulberry Street, on the West by Meldrum Street, on the North by Maple Street and on the East by Riverside Avenue and Jefferson. 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 July 30, 1975. Passed and adopted at a regular meeting of the Liquor Licensing Authority held this 30th day of July, 1975. Chairman ATTEST: City C er - - - Renewal application for 3.2% Fermented Malt Beverage License by Vernie Valdez, dba Pine Tavern, 244 Pine Street Approved. City Clerk, Verna Lewis: stated this is a routine renewal; the Police Department report is negative. Authority Member Baldivia made a motion, seconded by Authority Member Renz to approve the renewal application. Yeas: Authority Members Baldivia, MacNair, and Renz. Nays: Authority Member Stoner. Renewal application for 3.2% Fermented Malt Beverage License by Round the Corner Restaurant, Inc., dba Round the Corner, 1221 West Elizabeth approved City Clerk, Verna Lewis, stated this is a routine renewal; the Police Department report is negative. Authority Member Stoner made a motion, seconded by Authority Member Baldivia to approve the renewal application. The Chairman put the motion which was unanimously adopted. Renewal application for 3.2% Fermented Malt Beverage License by Jesse and Gillermo Godinez, dba E1 Burrito Cafe, 404 Linden approved City Clerk, Verna Lewis, stated this is a routine renewal; the Police Department report is negative. Authority Member Renz made a motion, to approve the renewal application. was unanimously adopted. seconded by Authority Member Stoner The Chairman put the motion which Boundaries Set for 3.2% Fermented Malt Beverage License by Southland Corp., dba Seven -Eleven Store, 3035 West City Clerk, Verna Lewis, stated the application appeared to be in order, the recommendation of the administration for the neighborhood boundaries is two thousand (2,000) feet in each direction from the address of the applicant, squared to the nearest street. Authority Member Stoner made a motion, seconded by Authority Member Renz, to establish the 2,000 foot boundary with the final hearing on September 24, 1975. The Chairman put the motion which was unanimously adopted. Boundaries Set for 3.2% Fermented Malt Beverage License by Donald B. Gunn, dba Panhandlers, 1220 West Elizabeth City Attorney Myatt stated the application had deficiencies which had been brought to the attention of the attorney for the applicant. City Clerk, Verna Lewis, stated the application appeared to be in order, the recommendation of the administration for the neighborhood boundaries is two thousand (2,000) feet in each direction from the address of the applicant, squared to the nearest street. Authority Member Stoner made a motion, seconded by Authority Member Baldivia to approve the application. The Chairman put he motion which was unanimously adopted. Application for Transfer of Corporation Ownership and Expansion of Premises by F F, R, Ltd., dba The Golden Ram, 214 Linden Street Tabled -10- 0 City Clerk, Verna Lewis, stated that due to a lack of communication with the applicant and his absence at the meeting, the administration recom- mended this item to be tabled to the next meeting. Authority Member Baldivia made a motion, seconded by Authority Member Stoner to table this application to September 24, 1975. The Chairman put the motion which was unanimously adopted. Consider Amendment to Resolution of the Liquor Licensing Authority on 3.2% Fermented Malt Beverage Application of Sakala's Ltd. Approved City Clerk, Verna Lewis, stated there had been confusion causing an error in the corporate name, as appeared on the Resolution adopted by the Authority granting the license. The resolution set forth the corporate name as Pitzelle's Ltd. The correct name is Sakala's Pizza Ltd. Authority Member Stoner made a motion, seconded by Authority Member Renz to amend the resolution which was adopted on July 30, 1975, by striking "Pitzelle's Ltd.," and by inserting "Sakala Pizza Ltd." The Chairman put the motion which was unanimously adopted. Consider Report on Colorado Municipal League Advisory Committee meetings relating to the state's Beer and Liquor Licensing Laws. City Clerk, Verna Lewis, and Chairman pro tem MacNair reported to the Authority on the CML Study Committee meeting in Denver. The Committee has undertaken a review of the Liquor Code and proposes a recodification of the statutes much as was done in HB-1089, with contro- versial issues such as multiple licenses to be handled by separate legisla- tion. The Committee hopes to have the recommendations in preliminary form prior to the September 10, 1975 meeting. One of the issues germane to the Authority was the independent canvassing of the neighborhood conducted by other municipalities. It was the consensus of the Authority to defer any action pending a recom- mendation of the administration on alternatives to instituting such a plan in Fort Collins. Consider Recommendation to City Council on Changing the City Liquor Laws to Conform to New State Regulations City Clerk, Verna Lewis and City Attorney, Ramsey Myatt reported to the Authority that City Council will have to take action to bring City ordin- ances into conformance with recent changes in state statutes regarding liquor licensing, i.e. new liquor licenses under state statutes are now annual licenses from date of issue rather than expiring on December 31, 1975. -11- The administration will have a report to the Licensing Authority requesting that the City Council make this and other changes as recommended by ordinance. Resolution Granting a 3.2% Fermented Malt Beverage License for Myrtle A. and Richard J. Mulvihill, dba Riverside Kwik Stop, 710 East Magnolia Adopted City Clerk, Verna Lewis, read the resolution by title as copies had been furnished to the Authority. Authority Member Baldivia made a motion, seconded by Authority Member Renz to adopt the resolution. The Chairman put the motion which was unanimously adopted. RESOLUTION OF THE LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS CONCERNING AN APPLICATION FOR A CLASS B LICENSE TO SELL NON -INTOXICATING MALT LIQUOR AND SETTING FORTH THE FINDINGS OF THE LIQUOR LICENSING AUTHORITY ON SAID APPLICATION The application of RICHARD J. MULVIHILL and MYRTLE A. MULVIHILL, d/b/a Riverside Kwik Stop for a Class B License I for the sale of non -intoxicating malt liquor came on for hearing on July 30, 1975, after having been tabled at the meeting on July 2, 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 710 East Magnolia, Fort Collins, Colorado, said site being occupied as a retail gas and grocery outlet, the license being sought in connection with such business. -12- • 2. The testimony and petitions presented by the appli- cant at the hearing were to the effect that the inhabitants of the neighborhood desire that the license be granted and the needs of the neighborhood require the granting of this license. It is therefore the opinion and finding of the Liquor Licensing Authority that: A. The inhabitants of the neighborhood desire that the license be granted. B. The needs of the neighborhood require the granting of the license. NOW, THEREFORE, be it resolved by the Liquor Licensing Authority of the City of Fort Collins that the application of Richard J. Mulvihill and Myrtle A. Mulvihill, d/b/a Riverside Kwik Stop for a Class B License for the sale of non -intoxicating malt liquor at 710 East Magnolias Fort Collins, Colorado be and the same is hereby granted. Passed and adopted at a regular meeting of the Liquor Licensing Authority of the City of Fort Collins, Colorado, held this 27th day of August A.D.. 1975. -13- �J Resolution granting a Hotel Restaurant Fermented Malt Beverage License to Ram Pub Corporation of Colorado, dba Chesterfield, Bottomsley and Potts, 1415 West Elizabeth City Clerk, Verna Lewis, read the resolution by title as copies had been furnished to the Authority. 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 WITH EXTENDED HOURS (HOTEL, RESTAURANT) The application of Ram Pub Corporation of Colorado, d/b/a Chesterfield, Bottemsley & Pott's for a Beer, Wine and Liquor License with extended hours (Hotel, Restaurant) came on for hearing on the 30th day of July, 1975, in the Council Chambers, City Hall, Fort Collins, Colorado, pursuant to notice duly given as required by law. The authority, having heard the evidence introduced at the hearing, and having examined the documents introduced and having heretofore held a preliminary hearing and issued findings in writing on said preliminary hearing, now makes the following findings: 1.. The neighborhood to be served under this application is as defined in the preliminary findings of the Authority. 2. Nothing contained in C.R.S., 1973, Section 12-47-139 prohibits the issuing of a license at the proposed location. 3. The 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. -14- • 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 evidence was presented indicating that said need does not exist, and the local licensing authority hereby finds that the reason- able 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. RESOLUTION OF THE LOCAL LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, COLORADO, CONCERNING AN APPLICATION FOR A BEER, WINE AND LIQUOR LICENSE WITH EXTENDED HOURS (HOTEL, RESTAURANT) BE IT RESOLVED by the Local Liquor Licensing Authority of the City of Fort Collins, Colorado that the application of Ram Pub Corporation of Colorado, d/b/a Chesterfield, Bottemsley & Potts for a Beer, Wine and Liquor License with extended hours (Hotel, Restaurant) be and the same hereby is granted in accordance with the findings of the Authority set forth above. Passed and adopted this 27th day of August, A.D. 1975. Chairman ATTEST: City Clerk -15- Adjournment Authority Member Renz made a motion, seconded by Authority Member Stoner that the Authority adjourn. The Chairman put the motion which was unani- mously adopted. -Was Secretary -16-