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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 03/12/1975m • 0 LIQUOR LICENSING AUTHORITY March 12, 1975 Regular Meeting 7:30 P.M. Present: Rudy Baldivia James MacNair Donald Robotham Carlos Seegmiller Absent: Elton Collins Staff: Bean and Lewis Also: City Attorney Ramsey Myatt Minutes of February 12, 1975 meeting approved Authority member Baldivia made a motion, seconded by Don Robotham, to approve the minutes as published. The Chairman put the motion which was unanimously adopted. Hearings The Chairman announced that there were two hearings scheduled for Fermented Halt beverage Licenses. He asked for protestants to either one or both of the applications. Application for a 3.2% Fermented Malt Beverage License by Pamela Suppes dba Pizza Inn, southwest corner of South College Avenue and Harvard approved The Chairman first read the rules of procedure at length. The City Attorney advised the Authority that the application was in proper form, all fees had been paid, the property properly posted, and a notice had been published in the newspaper. Mr. William H. Allen, Attorney for the applicant, first called on Mrs. Pamela Suppes, 2848 Edinburg Court, who was duly sworn by the Court Recorder. Mrs . Pamela Suppes gave testimony as to her prior experience in the sale of 3.2% Fermented Malt Beverage. Mrs. Suppes presented Applicant's Exhibit "C", a petition she circulated to the inhabitants of the neighborhood in support of this application. Mrs. Suppes further stated that she did not encounter anyone who was opposed to the beer license, however there were a few who did not care to sign petitions of any kind., Mrs. Suppes also presented Applicant's Exhibit "E", a photo of another Pizza Inn, showing the proposed decor. The Chairman, Carlos Seegmiller, asked Mrs. Suppes to briefly describe the type of operation. This is to be a family type restaurant with beer as a complement to the meal. an • a Mr. Myatt inquired of the applicant if she personally circulated the indicated petitions and witnessed the signatures thereon. Also were those persons not indicating their age over the age of 18 years. Mrs. Suppes assured Mr. Myatt that she had witnessed each signature on those petitions she circulated and yes, all those signing were over the age of 18 years. Mr. Robotham inquired into the past experience and the proposed training planned for future employees of the new operation. Mrs. Suppes stated she had been a manager of a Pizza Inn in another city in Colorado and was familiar with Colorado laws regarding the sale of Fermented Malt Beverage. She also plans to establish a thorough training program for waitresses and cashiers on the laws relating to the sale of 3.2% Fermented Malt Beverage and how to check identification cards and ways to spot false identification. Mrs. Suppes also stated that there would be no separate bar for serving beer. Mr. Allen next called on Mr. William E. Franz, 113 Yale Street, Fort Collins, who was duly sworn by the Court Recorder. Mr. Franz spoke to Applicant's Exhibit "B", a petition he circulated to the inhabitants and users of the commercial facilities of the neighborhood, and all signers were at least 21 years of age. Mr. Allen next called Sheila Berens, 2848 Edinburg Court, who was duly sworn by the Court Recorder. Ms. Berens presented Applicant's Exhibit "A", a petition in support of the application. Ms. Berens stated that she did encounter a few who were opposed to the signing of a petition not because it was a beer application but because they did not like signing petitions. Mr. Allen next called on Terry Suppes, 2848 Edinburg Court, who was duly sworn by the Court Recorder. Mr. Suppes presented Applicant's Exhibit "D", a petition he circulated in support of this beer application. Mr. Suppes also spoke to the type of proposed operation being a family restaurant and no beer will be served by itself. He also spoke to how the franchise will be handled and to the type of financing available for this proposed operation. Mr. Robotham inquired of Mr. Suppes if he had studied the neighborhood, noted the several other similar types of outlets serving 3.2% beer and did he feel that the neighborhood could sustain an operation of this kind? Mr. Suppes stated that in his past experience the opening of a new establishment seemed to generate more business for all of the businesses in the area. Mr. Allen stated this now concluded the applicant's presentation. The Chairman stated that a decision could be made now on the application or the matter taken under advisement and a decision rendered at the next meeting. Authority member Don Robotham made a motion seconded by James Mac Nair to approve the application for a 3.2% Fermented Malt Beverage License submitted by Pamela Suppes dba Pizza Inn, southwest corner of South College Avenue and Harvard. The Chairman put the motion which was unanimously adopted. Application for a 3.2% Fermented Malt Beverage License by Gerald Barton dba Happy Joe's Pizza and Ice Cream Parlor, 111 West Monroe Drive, approved The Chairman read at length the rules of procedure. -2- • • City Attorney Myatt advised the Authority that the application was in order, the posting of the premises had been accomplished and a notice published in the local newspaper as required by the State laws. Mr. David Wood, Attorney, representing the applicant began his presentation. The first person called was Mr. Gerald W. Barton, 2724 Grenada Hills, Fort Collins, who was duly sworn by the Court Recorder. Mr. Barton gave testimony as to his past work experience. Mr. Barton also described at length the proposed operation. He presented Applicant's Exhibit "B", a blue print of the proposed building, and Applicant's Exhibit "A", which were photos of what other Happy Joe's look like and an aerial photo of the location for this establishment in Fort Collins. Mr. Barton stated that adequate financing was available to him to get the operation under way; he feels confident that this will be a success. Applicant's Exhibit "C-l" and "C-2" were presented -- menus of the proposed establishment. Mr. Barton also submitted Applicant's Exhibit "D",petitions circulated to the inhabitants of the neighborhood in support of the application. Mr. Robotham inquired into the residency of Mr. Virgil Barton since the laws of the State of Colorado require that all applicants be residents of the State of Colorado. Mr. Wood advised that Mr. Virgil Barton's interest is strictly financial. Mr. Myatt, the City Attorney, advised that in this situation the name of Virgil Barton should be omitted as a part owner of the business. Mr. Wood stated this concluded the applicant's presentation. The Chairman advised that the Authority could either make a decision now or take the matter under advisement and render a decision in 30 days. Authority member Robotham made a motion seconded by Rudy Baldivia to approve the application for a 3.2% Fermented Malt Beverage License for Gerald Barton dba Happy Joe's Pizza and Ice Cream Parlor, 111 West Monroe. The Chairman put the motion which was unanimously adopted. After the motion, Mr. Wood requested that Applicant's Exhibit "B" be returned since copies were already included in the file submitted to the City Clerk and Applicant's Exhibit "C" the printer's proof of the menu, and substitute a copy of the menu. Modification of Premises plan presented by Pogo's, 1220 West Elizabeth Mr. Larry Duncan introduced himself and spoke to the changes that are being made. The City Attorney advised the Authority that they needed to make a determina- tion as to whether the change or expansion is substantial or not. A consensus of the Authority revealed that this was not considered a substantial change and could be approved without additional publication or posting. Authority member Robotham made a motion, seconded by James MacNair, to approve the proposed changes as submitted for Pogo's, 1220 West Elizabeth. The Chairman put the question which was unanimously adopted. -3- • 0 Renewal of 3.2% Fermented Malt Beverage License for Town Pump, 124 North College Avenue, approved City Clerk, Verna Lewis, advised the Authority that this was a routine renewal and the Police Department report states in part "no violations for the above named establishment in the past year . . . . can find no legal basis to recommend denial of this renewal application." Authority member Baldivia made a motion seconded by Donald Robotham to approve the 3.2% Fermented Malt Beverage License renewal for Town Pump, 124 North College Avenue. The Chairman put the motion which was unanimously adopted. Renewal of 3.2% Fermented Malt Beverage License for the State Board of Agriculture dba Colorado State University Student Center, approved City Clerk, Verna Lewis, advised the Authority that this is a routine renewal and stated that the Police Department recommendation states in part "this officer checked the records of the Fort Collins Police Department and Colorado State University Police Department and found no violations for the above named establishment in the past year . . can find no legal basis to recommend denial of this application at the present time." Authority member MacNair made a motion seconded by Rudy Baldivia to approve the renewal of a 3.2% Fermented Malt Beverage License for the Colorado State University Student Center. The Chairman put the motion which was unanimously adopted. Renewal application for a 3.2% Fermented Malt Beverage License for Dirty Sam's, 162 Linden, approved City Clerk Verna Lewis stated 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 application at the present time." The City Attorney advised the Authority that there has been a change in the ownership of Dirty Sam's Ltd. in that one of the partners has transferred his interest to the other partner and that all the Authority needed to act upon was a renewal of the license. Authority member MacNair made a motion, seconded by Donald Robotham,to renew the 3.2% Fermented Malt Beverage License for Dirty Sam's, 162 Linden. The Chairman put the motion which was unanimously adopted. 0 w Application for a Hotel -Restaurant Liquor License by Keith W. and Donna M. Blakeslee dba The Mr. Arnaud Newton, Attorney for the applicant, identified himself to the Authority. He stated that the address as listed on the application was incorrect and needed to be corrected to read 1201 North College Avenue; and a copy of the signed lease would be forwarded to the City Clerk on Thursday, March 19, 1975. (Secretary's note: The lease has been received and is on file in the Clerk's office.) Authority member Robotham made a motion seconded by Rudy Baldivia that the application be accepted and a preliminary hearing date be set for April 9, 1975 and the final hearing on May 7, 1975. The Chairman put the motion which was unanimously adopted. Consider withdrawal of Beer and Wine License application submitted by Susan Zdenek, John Ray, and Carol Ray dba The Crepe Place, approved City Attorney Myatt advised the Authority that he had been contacted by Mr. David Osborn, Attorney for the applicants. The applicants wish to withdraw the application at this time for personal reasons. Authority member Robotham made a motion seconded by Rudy Baldivia to approve the request to withdraw the application for a Beer and Wine License submitted by Susan Zdenek, John Ray and Carol Ray dba The Crepe Place. The Chairman put the motion which was unanimously adopted. Application for modification of premises for the Linden Street Exchange, 242 Linden, approved Mr. Donald Robotham stated that he would abstain from the voting on this issue due to the fact that the applicant is a customer of the Fort Collins National Bank. Mr. Richard White introduced himself to the Authority and spoke to the changes proposed. City Attorney Ramsey Myatt also spoke to the Authority regarding the several meetings held between the applicant and the Building Inspection Department, City Clerk, the Attorney for the applicant, and himself. The changes being made are a definite improvement to the operation of the business. Authority member Baldivia made a motion seconded by James MacNair to approve the modification of premises as submitted by Richard White and James C. Brown dba Linden Street Exchange, 242 Linden Street. The Chairman put the question with the following vote: Yeas: Baldivia, MacNair, and Seegmiller. Abstain: Robotham. -5- Letters of Resignation from Elton Collins and Donald Robotham accepted with regret City Clerk Verna Lewis read at length the letter of resignation from Elton Collins. Authority member MacNair made a motion seconded by Donald Robotham that Elton Collins' resignation be accepted with regret and that the Authority express their gratitude for his services. The Chairman put the motion which was unanimously adopted. City Clerk Verna Lewis read at length the letter of resignation from Donald Robotham. Authority member MacNair made a motion seconded by Rudy Baldivia that it is with deep regret that the resignation of Donald Robotham be accepted. The Chairman put the motion which was unanimously adopted. Each of the Authority members present expressed their gratitude to fir. Robotham for his leadership in the past. Adjournment Authority member Baldivia made a motion seconded by James MacNair to adjourn the meeting. The Chairman put the motion which was unanimously adopted. ATTEST: City Clerk Chairman 'v