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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 05/07/1975LIQUOR LICENSING AU1101,1TY May 7, 1975 Regular Meeting 7:30 P.M. Present: Carlos Seegmiller Rudy Baldivia Ed Stoner Linda Renz Absent: James MacNair Staff members present: Chief Smith, Bruce Hendricks, Verna Lewis Also: City Attorney Myatt Minutes of April 9, 1975 regular meeting approved Motion was made by Rudy Baldivia, seconded by Linda Renz, to approve the minutes as published. The Chairman put the motion which was unanimously adopted. Application for a hotel -restaurant Liquor License submitted by Keith W. and Donna M. Blakeslee dba Serendipity, 1201 North College taken under advisement Chairman Seegmiller read the Rules of Procedure at length. City Clerk, Verna Lewis, read the resolution and findings of the preliminary hearing at length. Authority member Stoner made a motion, seconded by Rudy Baldivia, to adopt the resolution and findings of the preliminary hearing on an application for a hotel -restaurant liquor license submitted by Keith W. and Donna M. Blakeslee dba Serendipity, 1201 North College Avenue. 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, Keith W. Blakeslee and Donna M. Blakeslee, doing business as The Serendipity, made applica- tion 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. 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 7th day of May, 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: North to the City limits, West to Shields Street, South to Mountain Avenue and East to the City limits. 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- • 5. That the application is in proper form and will be heard by the authority on May 7, 1975. Passed and adopted at a regular meeting of the Liquor Licensing Authority held this 7th day of May, 1975. C airman ATTEST: City Clerk Attorney Arnaud Newton stated he represented the applicants, Mr. and Mrs. Blakeslee who were present. Mr. Newton called Mr. Blakeslee to the stand. Mr. Blakeslee was duly sworn by the Court Recorder and gave testimony regarding the building elevation, the building interior, the management of the business, seating capacity on the two levels and the proposed banquet facilities. Mr. Blakeslee identified and acknowledged petitioners exhibit "A" being peti- tions containing 327 names, 123 names obtained within the boundaries, which were offered into.•evidence. City Attorney Myatt stated the petitions would be accepted and lie would later instruct the authority as to what weight should be given to them. Further testimony given by Mr. Blakeslee addressed the needs of the neighborhood and the financing needed to com- plete the proposed plans. Authority members inquired into the entertainment, parking and positions of identification checks of the proposed applicant. Attorney Newton next called Robert Eichem,1819 West loth Street, Loveland, Colorado, who was duly sworn by the Court Recorder, to testify. Mr. Eichem, manager of the outlet, explained his background in the restaurant business, the number of proposed personnel, time table for opening, days and hours of business. Also to the menu to be used and price range for food. The Authority requested that Mr. Wallace and Mrs. Purvise, in charge of the music and waitresses and cocktail personnel, stand and be recognized. Chairman Seegmiller inquired if there were any opposition to this application. None voiced. Authority member Baldivia made a motion, seconded by Ed Stoner, to take this application under advisement and notify the applicants in writing in 30 days. The Chairman put the motion which was unanimously adopted. -3- Application for a Special Events permit for the CSU Ilawaiian Club approval Chairman Seepniller stated the agenda would be revised to take up the Special Events permit. City Clerk, Verna Lewis, read the Police Department report in part, "has checked the records of the Fort Collins Police Department and Colorado State University Police Department and found no violations in the past year -- can find no legal basis to recommend denial of this Special Events permit at the present time." Also, the following letter from William Elliott was presented: "This is to certify that the Colorado State University Hawaiian Club is recognized as a student organization by the University and the Associated Students of CSU. They are in fact a non-profit social organization registered with our office and the University. The University's tax exempt number is A138714. Naomi Pacheco,1619 Palm Drive, Apartment 3, representing the Hawaiian Club, spoke to the proposed event. City Attorney Myatt advised Ms. Pacheco that, rather than charging the $1.00 donation proposed, the Club would have to charge by the drink as stated in the State Regulations governing Special Events. Ms. Pacheco stated they would revise their procedure to stay within the regulations. Authority member Renz inquired if one individual was made responsible for a Special Events Permit of this kind. City Attorney Myatt advised the Authority that it has to be an organization to be eligible for a Special Events permit. Mr. Myatt also stated the City Clerk's office keeps a file of each license granted. Authority member Baldivia made a motion, seconded by Linda Renz, to approve the Special Events permit for the CSU Hawaiian Club for May 17, 1975. The Chairman put the motion which was unanimously adopted. Application for a Special Events Permit for the Welfare Rights Organization approved City Clerk, Verna Lewis, read the Police Department report in part "found no violations for the above named organization in the past year -- can find no legal basis to recommend denial of this application at the present time." Gabriel Oliver stated the reason why the dance will be held is to raise funds for payment of monthly installment on property to be used "someday" fcr a youth club. Mr. Oliver stated he was "tired of asking (his) Board of Directors for the money", he was "tired of getting donations, so he decided to have a dance with a Special Events perrut to raise $128.00 before they lose the property." The Chairman inquired into the charge. Mr. Oliver stated there would be a $1.75 admission charge and $.50 per can for beer; the dance will be at Holy Family Hall. -4- Authority member Stoner made a motion, seconded by Rudy Baldivia, to approve the Special Events permit applied for by the Welfare Rights Organization for May 9, 1975. The Chairman put the motion which was unanimously adopted. Renewal application for a 3.2% Fermented Malt Beverage License submitted by Pitzelle, Ltd., 119 West Oak Street, approved City Clerk, Verna Lewis, advised the Authority that this was a routine renewal application and that the Police Department report stated in part, "found no violations for the above named establishment in the past year -- can find no legal basis to recommend denial of this renewal application at the present time." Authority member Baldivia made a motion, seconded by Linda Renz, to approve the renewal application for a 3.2% Fermented Malt Beverage License, sub- mitted by Pitzelle, Ltd., 119 West Oak Street. The Chairman put the motion which was unanimously adopted. Renewal application for a 3.2$ Fermented Malt Beverage License, submitted by Maltida A. Maxwell dba Max's, 220 East Mountain Avenue approved City Clerk, Verna Lewis, advised the Authority that this was a routine renewal application and that the Police Department report stated in part, "found several incidents of a minor nature in the past year -- can find no legal basis to recommend denial of this renewal at the present time." Authority member Renz made a motion, seconded by Ed Stoner, to approve the renewal application for a 3.2% Fermented Malt Beverage License, submitted by Matilda A. Maxwell dba Max's, 220 East Mountain Avenue. The Chairman put the motion which was unanimously adopted. Renewal application for a 3.2% Fermented Malt Beverage License, submitted by 7-Eleven Store, 1029 South Taft Hill Road approved City C1erk,Verna Lewis, advised the Authority that this was a routine renewal application and that the Police Department report stated in part, "found no violations in the past year -- can find no legal basis to recommend denial of this application at the present time." Authority member Stoner made a motion, seconded by Rudy Baldivia, to approve the renewal application for a 3.2% Fermented Malt Beverage License, submitted by 7-Eleven Store, 1029 South Taft Hill Road. The Chairman put the motion which was unanimously adopted -5- Letter of Reprimand Authorized to Steve Ackerman dba Dirty Sams, 162 Linden Street Police Chief Smith gave an oral report on the after hours drinking incident at Dirty Sams, involving 42 people on April 24, 1975. April 28, 1975 Fort Collins Liquor Licensing Authority 300 LaPorte Avenue Fort Collins, Colorado 80521 Attention: Chairman Sir: Attached, please find a copy of incident report #150406. This case deals with an after hours party at Dirty Sams involving 42 people on April 24, 1975. On April 25, 1975, myself and James Barry, State Liquor Enforce- ment Agent, contacted the license holder of Dirty Sam's, Steve Ackerman, reference this incident. At this time, he was unaware of the problem. When advised that a party by the name of John Francis Luedtke had claimed respon- sibility for the party, Mr. Ackerman advised that Mr. Luedtke had just ac- quired a financial interest in the business, but Mr. Ackerman was unaware that he, Mr. Luedtke, had a key to the business. `At this time, a meeting was set up for April 28, 1975, for myself, the bar owners, and Chief Smith. Agent Barry advised Mr. Ackerman that a new filing for the business was necessary. On Monday, April 28, 1975, at 2:00 P.M., a meeting was held in Chief Smith's office with Mir. Ackerman and myself present, in addition to Chief Smith. Mr. Ackerman stated he had been unable to contact Mr. Luedtke who lives in Denver. Mr. Ackerman was advised by Chief Smith that as the license holder, he was responsible for the operation of the establishment and the conduct of employees therein. Mr. Ackerman was also advised to contact Mr. Luedtke reference his actions and to get the necessary paper- work on the partnership filed. Mr. Ackerman was warned that any further violations of this type from his establishment would be grounds for a hearing to consider suspension or revocation of his license. This letter is merely to inform the authority of the action taken by this department reference this incident. Sincerely yours,, be11 H. Bean, Detbstive Investigative Division •��ph Pi. Smi Chief of Police City Attorney Myatt advised the Authority that there appeared to be two violations of the law: (1) having to do with a Mr. Luedtke and if he is a partner in the business, which would require a transfer application to be approved by the Authority, and (2) the after hours drinking. Mr. Myatt further instructed the Authority on alternatives open to them; the mildest would be to direct the City Attorney's office to send them a letter of reprimand, the next might be to have a "show cause" hearing on either suspending or revoking the license. Chief Smith recommended that a letter of reprimand from the Authority to Mr. Ackerman, advising him to correct his application and warning him that any further incidences would be cause for further action. Authority member Stoner made a motion, seconded by Rudy Baldivia, that the City Attorney be directed to send a letter of reprimand, warning Mr. Ackerman to avoid this sort of conduct in the future and advising that if Mr. Luedtke, in fact, has a financial interest,the license be changed to reflect the financial interest. The Chairman put the motion which was unanimously adopted. Discussion on a Hotel -Restaurant Liquor License application for Serendipity, 1201 North College Avenue application approved The Authority undertook a discussion of whether or not to grant the Hotel - Restaurant Liquor License for the Serendipity. Authority member Baldivia made a motion, seconded by Linda Renz, to approve the application for a hotel -restaurant liquor license for Keith W. and Donna M. Blakeslee dba Serendipity, 1201 North College Avenue. The Chairman put the motion which was unanimously adopted. Adjournment Authority member Stoner made a motion, seconded by Rudy Baldivia, that the meeting adjourn. The Chairman put the motion which was unanimously adopted. Chairman v ATTEST z 'City Clerk — -7-