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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 11/20/1974a 0 Present: Absent: LIQUOR LICENSING AUTHORITY November 20, 1974 Regular Meeting 7:30 P.M. Rudy Baldivia Elton Collins Donald Robotham Rosemarie Fentress James MacNair Staff members present: Bean and Lewis Also Assistant City Attorney Ramsey Myatt Minutes of October 16, 1974 Regular Meeting, approved Authority member Collins made a motion to approve the minutes of the October 16, 1974 regular meeting,as published, seconded by Rudy Baldivia. The Chairman put the motion which was unanimously adopted. Boundaries Established on an application for a Retail Liquor Store License by Harold Chavez dba H $ M Liquors, 315 Riverside Avenue The Chairman inquired if the applicant were present in person or represented by counsel. Attorney Shelley Don representing Mr. Harold Chavez appeared and requested that the City limits be set as the boundaries. No formal motion on this item was made, it was the consensus of the Authority to establish the City limits as the boundaries with the final hearing on December 18, 1974. Boundaries Established on an application for a Retail Liquor Store License by Thomas Hayes and Jerry M. Nix dba Foothills Discount Liquors, South Mason at West Monroe Drive Attorney David Wood appearing on behalf of the applicants stated a logical configuration, in connection with the application, io'set'the` boundaries within a radius of one and one-half miles of the site of the application, which would include the area of interest; a portion of which would be outside the City limits. City Attorney Myatt informed the Authority that they may not establishboundaries outside the City limits. Mr. Wood also requested for the record confirmation from the City Clerk and City Attorney that the application as submitted is complete. Assistant City Attorney Myatt stated the file was complete. Mr. Jerry L. Anderson owner of South College Liquors, stated his objection to establishing the boundaries at the preliminary hearing, prior to posting of the premises and publishing of the notice. Mr. Anderson requested the authority table this application to the next meeting to allow him to obtain legal counsel. Mr. Red Ferrell, owner of Campus West Liquors, stated it was his understanding that to his knowledge, there was nothing in the State statutes that prohibits setting boundaries outside the City limits. Therefore, he supported the recommendation of boundaries originally requested by Attorney Wood. Chairman Robotham inquired if a boundary north to Stuart Street, west one and one-half miles, east one and one-half miles, and south to the City limits would be acceptable. Attorney Wood stated this would be more than acceptable, logical. Authority member Baldivia made a motion, seconded by Elton Collins to establish the boundaries for Foothills Discount Liquors as north to Stuart Street, one and one half miles to the west, one and one-half miles to the east and the City limits on the south with the final hearing date to be December 18, 1974. The Chairman put the motion which was unanimously adopted. Introduction of New Authority Member City Clerk, Verna Lewis, stated Mr. Carlos Seegmiller, newly appointed member to the Authority was present and introduced him to the Board. Transfer of ownership from David Massopust dba Seven Seas to Albert E. Goodwin, III and Howard L. Ball dba Lift Ticket, 181 North College Avenue, approved City Clerk, Verna Lewis stated there were two items on the agenda relative to this establishment. The application for transfer and the renewal for this establishment. She requested, if the Authority approves the transfer, that the renewal application be removed from the agenda. City Attorney Myatt stated the application for transfer is in order and the hearing is limited to the personal qualifications of the transferees. 2 r a Messers Howard Ball, Jr. and Albert E. Goodwin III gave testimony to their previous experience, their qualifications and their proposed renova- tion of the establishment. Also their knowledge of State and City regu- lations regarding 3.2% Fermented Malt Beverage Licenses. Authority member Baldivia inquired into the propsed serving of meals at thb establishment. It was determined that no meals are presently served, but will be available if the transfer is approved. City Attorney, Myatt inquired if the applicants were aware of the Building Inspection re- quirements for remodeling. The applicants indicated that they were. Authority member Collins made a motion to approve the transfer of ownership of the Seven Seas to Albert E. Goodwin, III and Howard L. Ball dba Lift Ticket. The Chairman put the motion which was unanimously adopted. AA p, qg Y Application for a Hotel -Restaurant Liquor License from Joe Berry, tabled to 12/18/74 The Chairman inquired if the applicant was present or represented by Counsel. No one was present. Authority member Collins made a motion, seconded by Rudy Baldivia to table this application to the December 18, 1974, meeting. The Chairman put the motion which was unanimously adopted. Secretary's note --the Authority, at the request of the City Attorney with the concurrence of the Chairman, was polled by telephone and a preliminary hearing date of December 18, 1974 was set with a final hearing on January 15, 1974. Renewal of Fermented Malt Beverage License for David Massopust dba Seven Seas, 181 North College Avenue, removed from agenda This item removed from agenda due to approval of the transfer of ownership application submitted to the Authority earlier in the meeting, as stated by the Chairman. Renewal of 3.2% Fermented Malt Beverage License submitted by Pryntha J. Winfrey dba Sportsman's Bar, 210 Walnut, approved with letter of reprimand to be issued City Clerk, Verna Lewis, read the Police report at length. On November 5, 1974, the above named individual made applica- tion for a 3.2% Fermented Malt Beverage License. On November 5, 1974, this officer received the application for investigation. The following are the results of that investigation: -3- a Four incidents concerning this establishment should be noted by the authority. Case #135043, April 17, 1974, an assault which may or may not have occurred in the bar, but which was reported by the victim and not by the bar. Case #139283, July 19, 1974, a fight that oc- curred in the bar and was not reported. Case #139320, July 20, 1974, a disturbance in which a bar worker appears to have been involved and was not reported by the bar. Case #140837, August 24, 1974, an after hours drinking incident which was discovered by myself and James Berry, Liquor Enforcement Officer for the State of Colorado. Copies are included for your review. RECOMMENDATION: I feel that this establishment is one of our more troublesome, while they do report a large number of incidents with their alarm, it is felt by this officer and many of the patrol officers that they don't re- port some disturbances if they are able to get the parties involved to leave the bar and continue their differences outside. This officer recommends a written reprimand to the owner of the bar, with the understanding that the next incident of this type will be followed up with a request for a hearing on their license. g0- ,,� � Ralph M. Smith Chief of Police DHB/sg Respectfully submitted, Dell H. Bean Investigative Division Officer Bean also gave an oral report on the incidents.. Authority member Collins made a motion seconded by Rudy Baldivia to approve the renewal application, to follow the recommendation of the Police Department and instruct the City Attorney to prepare a letter of reprimand. The Chairman put the motion which was unanimously adopted. Renewal of 3.2% Fermented Malt Beverage License submitted by C. J. Streit, dba Pizza Roma, 746 North College Avenue, approved The City Clerk, Verna Lewis stated this was a routine renewal ap- -4- plication and the Police Department report stated in part, "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 Baldivia made a motion, seconded by Elton Collins to approve the renewal application for a 3.2% Fermented Malt Beverage License for C. J. Streit dba Pizza Roma, 746 North College Avenue. The Chairman put the motion which was unanimously adopted. Renewal of 3.2% Fermented Malt Beverage License submitted by Round the Corner Restaurant, 101 West Swallow Drive, approved The City Clerk, Verna Lewis stated this was a routine renewal ap- plication and the Police Department report stated in part, "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 Collins made a motion seconded by Rudy Baldivia to approve the renewal application for a 3.2% Fermented Malt Beverage License for the Round the Corner Restaurant, 101 West Swallow Drive. The Chairman put the motion which was unanimously adopted. Renewal of 3.2% Fermented Malt Beverage License submitted by National Tea Company dba National Foods, 420 South College Avenue approved The City Clerk, Verna Lewis stated this was a routine renewal ap- plication and the Police Department report stated in part, "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 Baldivia made a motion seconded by Elton Collins to approve the renewal application for a 3.2% Fermented Malt Beverage License for National Tea Company dba National Foods, 420 South College Avenue. The Chairman put the motion which was unanimously adopted. Renewal of Retail Liquor Store License submitted by William Goff dba Aggie Liquors, 429 Canyon Avenue, approved The City Clerk, Verna Lewis stated this was a routine renewal ap- plication and the Police Department report stated in part, "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 Baldivia made a motion seconded by Elton Collins to approve the renewal of a Retail Liquor Store License for William Goff dba -5- Aggie Liquors, 429 Canyon Avenue unanimously adopted. The Chairman put the motion which was Renewal of a Hotel -Restaurant Liquor License submitted by Gene Kapperman dba Gene's Tavern 200 Walnut Street, approved with letter of caution City Clerk, Verna Lewis read at length the following report from the Police Department. November 19, 1974 TO: Mr. Robert Brunton, City Manager FROM: Dell H. Bean, Investigative Division SUBJECT: Renewal Application for Malt, Vinous, and Spirituous Liquor License, Gene Kapperman, DBA, Gene's Tavern, 200 Walnut Street, Fort Collins Sir: On October 22, 1974, the above named individual made application for renewal of his Malt, Vinous, and Spirituous Liquor License. On Octo- ber 22, 1974, this officer received the application for review. This bar, in the past year, has been the location of numerous disturbance alarms. This is probably explained to a large degree by the fact that it changed from a 3.2% bar to a hard -liquor establishment. The management has been cooperative in handling these disturbances and is prompt is sending in the alarms. In the past year, there have only been two incidents involving questionable action on the part of the bar. Case #138882, July 12, 1974, in which a bartender, who had been drinking, ejected a person who was intoxicated to the point of not being able to care for him- self and who sustained injuries requiring hospitalization after being ejected. Case #141391, September 6, 1974, in which a patrol officer felt the management of the bar was serving an obviously :intoxicated person, who had to be placed in protective custody for his own good. Copies of these cases are included for your review. RECOMMENDATION: This officer recommends that the license be renewed. YA eH. Investigative Di -6- Officer Bean gave further oral testimony regarding the above incidents, specifically the potential problem with employees of the establishment. Authority Member Collins made a motion seconded by Rudy Baldivia to approve the renewal application for Gene Kapperman dba Gene's Tavern, 200 Walnut for a Hotel -Restaurant Liquor License and to instruct the City Attorney to direct a letter of caution to the licensee. The Chairman put the motion which was unanimously adopted. Renewal of a Hotel -Restaurant Liquor License with Extended Hours submitted by Out of Bounds Restaurant, 200 West Mountain Avenue, approved The City Clerk, Verna Lewis stated this was a routine renewal ap- plication and the Police Department report stated in part, "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 Collins made a motion seconded by Rudy Baldivia to approve the renewal application for the Out of Bounds Restaurant, 200 West Mountain Avenue for a Hotel -Restaurant Liquor License with Extended Hours. The Chairman put the motion which was unanimously adopted. Renewal of a Retail Liquor Store License submitted by Gustav Miklos, Marlin Glantz and Harold Kuemmerlin dba Ace Liquors, 200 East Mountain Avenue, approved The City Clerk, Verna Lewis stated this was a routine renewal ap- plication and the Police Department report stated in part, "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 Baldivia made a motion seconded by Elton Collins to approve the renewal application for Gustav Miklos, Marlin Glantz and Harold Kuemmerlin dba Ace Liquors, 200 East Mountain Avenue for a retail liquor store license. The Chairman put the motion which was unanimously adopted. Renewal of Hotel -Restaurant Liquor License by Pagoda Enterprises, Inc. 1002 North College Avenue, approved The City Clerk, Verna Lewis state this was a routine renewal ap- plication and the Pblice':Department report stated in part, "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 Baldivia made a motion seconded by Elton Collins to approve the renewal application for Pagoda Enterprises, Inc., 1002 North College Avenue for a hotel -restaurant liquor license. The Chairman put the motion which was unanimously adopted. -7- Renewal of a Hotel -Restaurant Liquor License with Extended Hours submitted by Paxton's Pub Ltd.dba The Moot House, 2626 South College Avenue, The City Clerk, Verna Lewis stated this was a routine renewal ap- plication and the Police Department report stated in part, "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 Collins made a motion seconded by Rudy Baldivia to approve the renewal application for Paxton's Pub Ltd. dba The Moot House, 2626 South College Avenue for a Hotel -restaurant liquor license with extended hours. The Chairman put the motion which was unanimously adopted. Renewal of a Hotel -Restaurant Liquor License with Extended Hours submitted by Best Bowl, Inc. dba Horsetooth Lanes, Tack Room, 217 Horsetooth Road, approved The City Clerk, Verna Lewis stated this was a routine renewal ap- plication and the Police Department report stated in part, "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 Baldivia made a motion seconded by Elton Collins to approve the renewal application for Best Bowl, Inc. dba Horsetooth Lanes Tack Room, 217 Horsetooth Road for a hotel -restaurant liquor license with extended hours. The Chairman put the motion which was unanimously adopted. Renewal of Hotel -Restaurant Liquor License with Extended hours submitted by Frank H. Pino and Rueben R. Ramirez dba F & R Limited (formerly Golden Ram) 214 Linden Street, approved with letter of caution The City Clerk, Verna Lewis read at length the following report from the Police Department. November 18, 1974 TO: Mr. Robert Brunton, City Manager FROM: Dell H. Bean, Investigative Division SUBJECT: Application for a Beer, Wine and Liquor License, Extended Hours, Frank H. Pino and Rueben R. Ramirez, DBA, F & R, Limited, (Formerly, the Golden Ram), 214 Linden Street, Fort Collins t8� 171 Sir: On November 11, 1974, the above named individuals made appli- cation for a Beer, Wine and Liquor License, Extended Hours. On November 13, 1974, this officer received the application for investigation. The following are the results of that investigation: In checking the records for the past year, numerous alarms were reported to the department by the management of the establishment. However, two incidents are on record and should be noted by the authority. Case #132273, February 2, 1974, is an underage drinking incident, which was discovered by a patrol officer. Case #134426, March 30, 1974, was an alarm reported disturbance which appears to have been started by the establishment bouncer. In this particular case, both subjects were arrested. Copies of these two reports are attached for your review. Through personal contact with patrol officers, they do not feel that this is our most troublesome bar. Some patrol officers do not feel they get adequate cooperation from the bar when they respond to alarms. This may be more of a personal problem than anything else. RECOMMENDATION: The above mentioned incidents occurred in the early part of 1974, since that time, the department has had no reports of unreported disturbances from this establishment. While I would submit that the license should be renewed, I feel that the authority should advise the ownersthat they are aware that problems exist and that further incidents of the type listed would be cause for a hearing to revoke or suspend their license. Respectfully s omitted, Investigative Division 1Tph . Smith Chief of Police DHB/sg Authority member Collins made a motion seconded by Rudy Baldivia to approve the renewal license foe paank-Alt Pino and Rueben R. Ramirez dba F & R Limited for a hotel -restaurant liquor license with extended hours and instruct the City Attorney to direct,a letter of Caution to the licensee. The Chairman put the motion which was adopted unanimously. -9- a i Renewal of Hotel -Restaurant Liquor License with extended hours submitted by Unicorn Corp. dba The Catacombs, 115 South College Avenue approved with strong letter of caution City Clerk, Verna Lewis read at length the following report from the Police Department. November 18, 1974 TO: Mr. Robert Brunton, City Manager FROM: Dell H. Bean, Investigative Division SUBJECT: Renewal Application for Malt, Vinous, and -Spirituous Liquor License, Unicorn Corporation, DBA, Catacombs Restaurant, 115 South College AVenue, Fort Collins Sir: On November 12, 1974, the above named corporation made appli- cation for renewal of their Malt, Vinous, and Spirituous Liquor License. Cn November 14, 1974, this officer received the application for review. When this license was renewed last year, Detective Reed asked for a written warning due to after hours drinking. The practice does not seem to have stopped as noted by Case #140846, August 24, 1974. On this particular incident, I was present, as was James Berry, Liquor Enforcement Officer for the State of Colorado. Three drinks were observed on the bar with two people present and a third party showed up shortly and claimed the third drink. A copy of the report is included for your review. No recommendation is being made by this officer on this estab- lishment as it is felt that the authority has already warned the establish- ment about this type of action. Whatever the authority feels is sufficient is this case will be followed by our office. ,,'001Ralph M. Smith Chief of Police DHB/sg tfu Dell H. Bean Investigative Division -10- • The Authority reviewed the above incidents and the minutes of the November 21, 1973 meeting regarding this establishment. Authority member Collins made a motion seconded by Rudy Baldivia to approve the renewal application submitted by Unicorn Corporation dba Catacombs Restaurant, 115 South College Avenue for a hotel -restaurant liquor license with extended hours and to instruct the City Attorney to send a strong letter of caution to the licensee advising them that any further incidents of this nature might be dealt with in requiring a "show cause" hearing on why this license should not be suspended or revoked. The Chairman put the motion which was unanimously adopted. Renewal of Club Liquor License for VFW, Rocky Mountain Post No. 1781,. 201 Linden Street, approved The City Clerk, Verna Lewis stated this was a routine renewal ap- plication and the Police Department report stated in part, "no violations for the above named establishment in the past year. . .can find no legal basis to recommend denial of the application at the present time." Authority member Collins made a motion seconded by Rudy Baldivia to approve the renewal application for a club liquor license submitted by the VFW, Rocky Mountain Post No. 1781, 201 Linden Street. The Chairman put the motion which was adopted unanimously. Renewal of Hotel -Restaurant Liquor License with Extended Hours by Jaka Limited dba Sagebrush Restaurant, 934 Lemay Avenue, approved The City Clerk, Verna Lewis stated this was a routine renewal ap- plication and the Police Department report stated in part, "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 Baldivia made a motion seconded by Elton Collins to approve the renewal application for a hotel -restaurant liquor license with extended hours submitted by Jaka Limited dba Sagebrush Restaurant, 934 Lemay Avenue. The Chairman put the motion which was adopted unanimously. Renewal of a Wine and Beer Liquor License by Bel Air, Inc, dba Giuseppes, 354 Walnut Street, approved The City Clerk, Verna Lewis stated this was a routine renewal ap- plication and the Police Department report stated in part, "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." -11- M a Authority member Collins made a motion seconded by Rudy Baldivia to approve the renewal application for a Wine and Beer Liquor License submitted by Bel Air, Inc. dba Giuseppes, 354 Walnut Street, The Chairman put the motion which was unanimously adopted. Renewal of Hotel -Restaurant Liquor License with extended hours for Northern Hotel Restaurant and Lounge Inc., approved The City Clerk, Verna Lewis stated this was a routine renewal ap- plication and the Police Department teport stated in part, "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 Baldivia made a motion seconded by Elton Collins to approve the renewal application for a hotel -restaurant liquor license with extended hours for the Northern Hotel Restaurant and Lounge, Inc., 172 North College Avenue. The Chairman put the motion which was adopted unanimously. Renewal of Hotel -Restaurant Liquor License for Carl J. Bumbal, Richard E. Stencel and John H. Huisjen dba The Brothers, 249 South College Avenue, approved The City Clerk, Verna Lewis stated this was a routine renewal ap- plication and the Police Department report stated in part, "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 Collins made a motion seconded by Rudy Baldivia to approve the renewal application for a hotel -restaurant liquor license for Carl J. Bumbal, Richard E. Stencel and John H. Huisjen dba The Brothers, 249 South College Avenue. The Chairman put the motion which was adopted unanimously. Renewal of Hotel -Restaurant Liquor License with Extended Hours for Harvey L. Farr and Billy J. Dahlem dba St. George and the Dragon 246 North College Avenue, approved The City Clerk, Verna Lewis stated this was a routine renewal ap- plication and the Police Department report stated in part, "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 Baldivia made a motion seconded by Elton Collins to approve the renewal application for a hotel -restaurant liquor license with -12- a extended hours for Harvey L. Farr and Billy J. Dahlem dba St. George and the Dragon, 246 North College Avenue. The Chairman put the question which was unanimously adopted. Resolution and Findings of the Local Liquor Licensing Authority of the City of Fort Collins concerning an Application for a Beer, Wine and Liquor License for Monte Carlo Lounge, 830 North College Avenue, approved Authority member Baldivia made a motion to adopt the resolution approving the application for a hotel -restaurant liquor license for Monte Carlo Lounge, seconded by Elton Collins. 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 The application of Jessica Wells, Rita Dayton and Nancy P. Wilmarth, doing business as Monte Carlo Lounge for a Beer, Wine and Liquor License (Hotel, Restaurant) came on for hearing on the 16th day of October, 1974, 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., 1963, Section 75-2-39 prohibits the issuing of a license at the proposed location. -13- 0 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 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 BE IT RESOLVED by the Local Liquor Licensing Authority of the City of Fort Collins, Colorado that the application of Jessica Wells, Rita Dayton and Nancy P. Wilmarth, doing business as Monte Carlo Lounge for a Beer, Wine and Liquor License be and the same hereby is granted in accordance with the findings of the Authority set forth above; and Passed and adopted this 20th day of November, A.D. 1974. ATTEST: City Clerk 0 (Secretary's Note --this license although just approved is due for renewal as all liquor licenses terminate December 31.) Renewal of Hotel -Restaurant Liquor License with Extended Hours for Monte Carlo Lounge, 830 North College Avenue, approved Authority member Collins made a motion to approve the renewal application for a hotel -restaurant liquor license with extended hours for Monte Carlo Lounge, 830 North College seconded by Rudy Baldivia. The Chairman put the motion which was adopted unanimously. Resolution and Findings of the Local Liquor Licensing Authority of the City of Fort Collins concerning the expansion of premises for Johnny's Liquors, 111 West Prospect Street approved, renewal also approved Authority member Collins made a motion to adopt the resolution setting forth the findings regarding the application for enlargements: of premises of the existing liquor license issued to Johnny's Liquors, 111 West Prospect Street and to approve the renewal application for the retail liquor store license for 1975, seconded by Rudy Baldivia. FINDINGS AND RESOLUTION OF THE LOCAL LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, COLORADO, CONCERNING AN APPLICATION FOR ENLARGEMENT OF PREMISES OF AN EXISTING LIQUOR LICENSEE The application of Darrell Blake, d/b/a Jonny's Liquor for enlargement of premises of an existing liquor license came on for hearing on the 16th day of October, 1974, 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: "-15- 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 enlargement of the premises of the existing liquor license. 4. The application is in proper form. 5. Petitions were presented and received at the hearing, indicating a need for the expansion of the subject license and no 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 granting of the expansion of 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 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. -16- M 0 RESOLUTION OF THE LOCAL LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, COLORADO, CONCERNING AN APPLICATION FOR ENLARGEMENT OF PREMISES OF AN EXISTING LIQUOR LICENSEE BE IT RESOLVED by the Local Liquor Licensing Authority of the City of Fort Collins, Colorado that the application of Carrell Blake, d/b/a Jonny's Liquor for enlargement of premises of an existing liquor license 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 specifica- tions and the requirements of the Building Inspector. Passed and adopted this 20th day of November, A.D. 1974. ATTEST: Clerk et Cit Report on License Fee Schedule City Clerk, Verna Lewis, with the concurrence of the City Manager, submitted the following report on the fee schedule. TO: Robert Brunton, City Manager FROM: Verna Lewis, City Clerk DATE: November 19, 1974 IV \ SUBJECT: Fee Schedule Liquor Licensing At the regular meeting of October 16, 1974 of the Liquor Licensing Authority, the Authority voted unanimously to review the fee schedule relating to license fees. Based on my recommendation, they agreed to wait for a report on the fee schedule from the Administration. Listed below is the fee schedule now in effect. Liquor Licenses 1. Original applications Hotel -Restaurant License (a) Application fee (maximum under State statute) $300.00 (b) City Annual License fee $325.00 (c) State of Colorado Annual License fee $ 25.00 (d) City Annual Occupation tax $1500.00 2. Original application Beer and Wine License (a) Application fee (maximum under State statute) $300.00 (b) City Annual License fee $150.00 (c) State of Colorado License fee $ 25.00 (d) City Annual Occupation tax $400.00 3. Original application Club License (a) Application fee (maximum under State statute) $300.00 (b) City Annual License fee $150.00 (c) State of Colorado Annual License $ 25.00 (d) City Annual Occupation tax $500.00 4. Original application Retail Liquor Store License (a) Application fee (maximum under State statute) $300.00 (b) City Annual License fee $150.00 (c) State of Colorado License fee $ 50.00 (d) City Annual Occupation tax $500.00 5. Renewal applications -- All renewals pay City, State Annual License fees and Occupation tax only. -18- !o Fermented Malt Beverage Lice 1. All Fermented Malt Beverage Licenses (a) Original application (maximum under State statute) $300.00 (b) City Annual License fee $ 25,00 (c) State Annual License fee $ 25.00 (d) City Annual Occupation tax $400.00 2. Renewals -- All renewals pay City, State Annual License fees and Occupation tax only. Of the entire amount of the City collected fees, the City of Fort Collins retains only 15%. Eighty-five percent is refunded to the State under the State Constitution, Article XXIV Section 2. ARTICLE XXIV Old Age Pensions Section 1. Fund created. —A fund to be known as the old age pension fund is hereby created and established in the treasury of the state of Colorado. Added November 3,1936; amended November 6,1956. General: This article of the constitution has no application to sales and use taxes imposed I,y a municipality for local or municipal purposes; the state sales and use tax deals elusively with state levies and state municipal taxes in the same field can co- exist. Berman v. Denver (1965) 156 C. 3�,, 400 P.2d 434. (Citing: State v. City and County of Denver (1940) 106 C. 5199 lo7 11.2d 317, Post v. Grand Junction (1948) 11 R C. 434, 195 P.2d 958.) This article creates the old age pension fund and allocates funds arising from certain sources; but it is not otherwise self-executing; and it does not operate to levy a tax of any kind upon anything. It does not dispense with general ad valorem tax on liquor as property; and the returns therefrom do not go into the old age pen- sion fund under pertinent statutes. Bed- ford v. Sinclair (1944) 112 C. 176, 147 P.2d 486. Cited: Jennings v. Morrison (1947) 117 C. 363, 187 P.2d 930 (title procedure); Fairall v. Frisbee (1939) 104 C. 553, 92 P.2d 748 (self-executing as fund only); In re Inter- rogatories (1937) 99 C. 591, 65 P.2d 7 (interrogatories answered without opin- ion). Section 2. Moneys allocated to fund. —There is hereby set aside, allo- cated and allotted to the old age pension fund sums and money as follows: (a) Beginning January 1, 1957, eighty-five percent of all net revenue accrued or accruing, received or receivable from any and all excise taxes now or hereafter levied upon sales at retail, or any other purchase trans- action; together with eighty-five per cent of the net revenue derived from any excise taxes now or hereafter levied upon the storage, use, or con- sumption of any commodity or product; together with eighty-five per- cent of all license fees imposed by the provisions of sections 138-6-1 to 138-6-42, both inclusive, of Colorado Revised Statutes, 1953, and amend- ments thereto; provided, however, that no part of the revenue derived from excise taxes now or hereafter levied, for highway purposes, upon gasoline or other motor fuel, shall be made a part of said old age pension fund. (b) Beginning January 1, 1957, eighty-five percent of all net revenue accrued or accruing, received or receivable from taxes of whatever kind upon all malt, vinous, or spirituous liquor, both intoxicating and non -intoxi- cating, and license fees connected therewith. (e) All unexpended money in any fund of the state of Colorado, or political subdivision thereof, as of January 1, 1957, which prior to said (late has been allocated to the payment of an old age pension. (d) All grants in aid from the federal government for old age assist- ance. (0) All inheritance taxes and incorporation fees appropriated under 101-2-2 to 101-2-4, both inclusive, Colorado Revised Statutes, 1963, for old age pensions. -19,7 If the City were to conduct a cost of services analysis of Staff time, in both the City Clerk and Police Departments, added to paper costs, not counting the time of the City Attorney's Office, I am sure we would be woefully in the red. :However, I have a strong feeling that the local Authority should recommend to the Council to seek changes at the State level; not only in the distribution of fees, but to give support to the Clerk's, Police Department, and Safety Offices in the municipalities who are charged with the responsibility of administering the issuance of licenses at the local level. It is my understanding that the Colorado Municipal League Board has not assigned a high priority to this item in their proposals to be supported at the legisla- tive level. Therefore, perhaps the Council would see fit to request that the City's Legislative Representative, Nancy Gray, present our views and recommendations and that Council members, individually and collectively, contact our legislators and make known the Board recommendations. City Attorney Myatt cautioned the Authority that the fees are under the State Constitution and would have to be changed by a vote of the people; however there could be other changes made at the legislative level, Mr. Myatt concurred in the recommendation of the administration. The Authority discussed at length the fee schedule, and concurred in the recommendation. Chairman Robotham will direct a letter to the Council requesting this recommendation be placed on the Agenda for discussion at a regular Council meeting. Change in Licensing Authority Meeting dates approved The Authority reviewed the problems of the 30 day limitation in issuing findings on Liquor Licensing caused by holding only monthly meetugs on the the third Wednesday of the month. City Attorney Myatt recommended that the Authority schedule its hearings commencing in January 1975 every four weeks. The Board concurred in this recommendation and requested that the City Clerk establish a yearly calendar and make it available to the members. Authority member Collins made a motion seconded by Rudy Baldivia to establish the Liquor Licensing meeting time as every four weeks commencing January 15, 1975. The Chairman put the motion which was adopted unanimously. Review of Responsibilities of Licensing Authority in response to Council Request on Boards and Commissions The Authority reviewed the letter addressed to all Boards,,Commissions and Committee members at length and discussed each item. - 20- The response to the inquiry will be made by the Chairman as a result of the discussion. Adjournment Authority member Collins made a motion seconded by Rudy Baldivia to adjourn. The Chairman put the motion which was unanimously adopted. Chairma ATTEST: '? 2�IL 7 Secretary -21-