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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 04/17/197440 go LIQUOR LICENSING AUTHORITY April 17, 1974 7:30 P.M. Present: Donald Robotham Rosemarie Fentress John Batson Sheila Hendrick Absent: Rudy Baldivia Staff Members Present: Schrawyer Smith Carroll Lewis Minutes of March 20, 1974 regular meeting approved Chairman Robotham stated copies of the minutes of the March 20, 1974 meeting had been received. Board member Fentress made a motion seconded by John Batson to approve the minutes as published. The Chairman put the motion which was unanimously adopted. HEARINGS Chairman Robotham stated that in an effort to expedite matters, the hearing procedures would be read only once; he inquired if Colorado Sea Food Shoppes, Inc. dba Long John Silver's Sea Food Shoppe, Matilda A. Maxwell dba Max's, and Richard White and James C. Brown dba the Linden Street Exchange represented either in person or by Counsel? Each ap- plicant responded that they were either present in person or 'represented by Council. The Chairman next inquired if there were any Protestants in the audience and if so, were all parties agreeable to having the hearing procedures read only once. Each applicant or Counsel stated they were agreeable to having the hearing procedures read only once. The Chairman read the hearing procedure at length. Application from Colorado Sea Food Shoppes, Inc. dba Long John Silver's Sea Food Shoppe, 2635 South College Avenue for a 3.2% Fermented Malt Beverage License - approved Mr. Jerry Purcell, 1509 Country Club Road representing the applicants was sworn by the Court Recorder and presented an exhibit containing 210 Page 2 signatures on a petition in support of the application. The Authority heard testimony on the seating capacity, type of menus, hours of food service and operation hours. Mr. Purcell stated for the record, that it will be the policy of the applicant not to serve beer to anyone under 21 years of age. Police Chief Smith gave an oral report on the personnel involved; nothing derogatory was found and the department could see no reason why the license should be denied. No protestants to this application were present; no protests filed. The Chairman polled the members of the Authority to see if they wanted to take the matter under advisement or render a decision forthwith. The Authority chose to make an immediate determination. Board member Hendrick made a motion, seconded by John Batson to grant a 3.2% Fermented Malt Beverage License to Colorado Sea Food Shoppes, Inc. dba Long John Silver's Sea Food Shoppe. The Chairman put the motion which was unanimously adopted. Application from Matilda A. Maxwell dba Max's, 220 East Mountain Avenue for a 3.2% Fermented Malt Beverage License - approved Matilda Maxwell representing herself was sworn by the Court Recorder and gave testimony as to the past operation of an establishment at this location and answered questions as to the previous sale and non-payment of the former owner. Also, to the intended proposed operation of meals, hours and seating capacity. Chief Smith stated the Police Department Report is negative, however he wanted the applicant and the Authority to be aware that there had been tremendous problems during the last two owners. No problems were mani- fested when the Maxwell's had operated. No Protestants were present; no protests filed. Authority member Fentress made a motion seconded by John Batson to approve the application for Matilda A. Maxwell dba Max's for a 3.2% Fermented Malt Beverage License. The Chairman put the motion which was unanimously adopted. Boundaries established and hearing date set for the application from Straw Hat Restaurant Corp. dba Straw Hat Pizza Palace, for a 3.2% Fermented Malt Beverage License Attorney Ralph Harden representing the Straw Hat Restaurant Corporation appeared at the preliminary hearing and requested a larger neighborhood boundary than the customary 2,000 feet in each direction. L-A.A M Page 3 Attorney Harden spoke briefly to the family type operation of the proposed establishment. Authority member Sheila Hendrick made a motion, seconded by Rosemarie Fentress to establish the City limits as boundaries for the application of Straw Hat Restaurant Corporation and establish May 15, 1974, as the hearing date at 7:30 p.m. or as soon thereafter as the matter may come on for hearing. The Chairman put the question which was unanimously adopted. Application from Richard White and James C. Brown dba the Linden Street Exchange for a 3.2% Fermented Malt Beverage License, taken under advisement Chairman Robotham stated for the record that the applicants have an application for financing before his bank and in order to avoid any conflict of interest he would abstain from voting on this matter. Attorney David Osborn inquired if City Attorney Carroll would stipulate that the required posting of the premises and publication had been done. City Clerk Verna Lewis presented proof of posting and an affidavit of publication. Attorney Osborn then called his first witness, Mr. Richard S. White, 1932 Adriel Court, who was sworn by the Court Recorder. Mr. White stated he was co -applicant and owner of 50% of Entertainment Enterprises. The petitioners submitted the following exhibits: Exhibit A Boundary Map, 2,500 feet B) Three letters of recommendation in support " C) of Mr. White. " D) " E Petitions containing 161 signatures in support of the application. " F Examples of the types of entertainment proposed. " G Artists sketch of renovated building. At this time Mr. White spoke to the proposed entertainment theater, and proposed operation, business hours, admission prices and financing. The next witness called by Attorney Osborn was Mr. James Clinton Brown who was sworn by the Court Recorder. The petitioners submitted the following additional exhibits: Exhibit H Petitions containing 105 signatures in support of the application. I Three letters of recommendation in support of Mr. Brown. M Exhibit J Petitions containing application. It K Petitions containing application. N Page 4 55 signatures in support of the 14 signatures in support of the Mr. Brown, 1909 Second Street Greeley, a 50% partner in this enterprise, gave oral testimony as to the seating capacity, his experience in this line of endeavor; his knowledge of the applicable laws and ordinances in the conduct of a 3.2% fermented malt beverage outlet and kind of food to be served. Also, the proposed area for a dance floor and the conversations with the building inspection personnel. All of the circulators of the petitions of the signatures thereon, upon proper by the Court Recorder. gave testimony as to the authenticity administration of the oath administered The next witness called by Attorney Osborn was Mr. Jerry Purcell, 1509 Country Club Road who gave testimony as to the real estate transaction. Attorney Alan Porter, representing Mr. Joe Cienfuegos and Mr. J. C. Oglesby, protestants called upon Mr. Joe Cienfuegos, 330 Wood Street, to testify. Mr. Cienfuegos was sworn by the Court Recorder. Protestants presented the following exhibits: Exhibit No. 1. A list of nine Class "C" Fermented Malt Beverage Licenses within 2,500 feet of Linden Street. Exhibit No. 2. Petitions in opposition to the application containing 66 signatures. Attorney Porter next called Mr. J. C. Oglesby, 235 Linden to give testimony. Mr. Oglesby was sworn by the Court Recorder, Exhibit No. 3. A petition in opposition to the application containing 61 signatures was received by the Authority. Mr. Cienfuegos had protested on the lact of adequate parking. City Attorney Carroll ruled that this question was not properly a matter of concern before the Authority. Mr. Eric Weiss, 306 Peterson, as a resident spoke in favor of the application. Mr. Paul Holsinger, 3800 North Taft Hill Road, spoke in opposition to the application stating his Mother owned the building next to the building proposed for the Linden Street Exchange. Mrs. Holsinger is 89 years old and resides upstairs. Mr. Steve Ackerman, owner of Dirty Sams, 162 Linden Street, spoke in opposition to the application stating the needs of the neighborhood were being met. The Chairman declared the hearing closed. 69 Page S Authority member,Rosemarie Fentress made a motion, seconded by Sheila Hendrick to take the matter under advisement and render a decision within 30 days. The Chairman put the question which was unanimously adopted, Application from Carl J. Bumbal, Richard E. Stencel and John H. Huisjen dba The Brothers, 249 South College, to be transferred from Floyd and Regina Baker dba Bake's, a Hotel -Restaurant Liquor License, approved Chairman Robotham inquired what criteria the Authority should consider in making a determination on an application for transfer. Attorney Carroll reviewed the applicable regulations; "the hearing shall be limited to the question of the personal qualifications of the new applicant". City Clerk, Verna Lewis stated a partnership agreement was in the file and that the Police Department report is negative. Mr. Richard Stencel and Mr, Carl Bumbal, two of the applicants responded to questions of the Authority and spoke to a proposed operation of the establishment. Police Chief Smith testified that the department had no opposition to the transfer. Authority member Batson made a motion, seconded by Rosemarie Fentress to approve the transfer of ownership of Bake's from Floyd and Regina Baker to Carl J. Bumbal, Richard Stencel and John H. Huisjen dba The Brothers. Sirs, Ltd. dba Ram's Inn, 1220 West Elizabeth, renewal of a 3.2% Fermented Malt Beverage License, approved The City Clerk reviewed the Police Department report and it stated in part that they could find no legal basis to recommend denial of this application at the present time. Authority member Hendrick made a motion, seconded by Rosemarie Fentress that the application for renewal of a 3.2% Fermented Malt Beverage License for Sir's Ltd. dba Ram's Inn be approved. The Chairman put the motion to the members of the Authority which was adopted unanimously. Southland Corp. dba 7-Eleven Store, 1029 South Taft Hill, renewal of a 3.2% Fermented Malt Beverage License, approved The City Clerk reviewed the Police Department report and it stated in part that they could find no legal basis to recommend denial of this application at the present time. Authority member Fentress made a motion, seconded by John Batson that the application for renewal of a 3.2% Fermented Malt Beverage License for Southland Corp, dba 7-Eleven Store, 1029 South Taft Hill, be approved. The Chairman put the motion to the members of the Authority which was adopted unanimously. y N � Page 6 Glen 0. Gates dba Thrifty Foods, 120S W. Elizabeth, renewal of a 3.2% Fermented Malt Beverage License, approved The City Clerk reviewed the Police Department report and it stated in part that they could find no legal basis to recommend denial of this application at the present time. Authority member Batson made a motion, seconded by Rosemarie Fentress that the application for renewal of a 3.2% Fermented Malt Beverage License for Glen 0. Gates dba Thrifty Foods be approved. The Chairman put the motion to the members of the Authority which was adopted unanimously. Expansion of Pizza Roma 3.2% Fermented Malt Beverage License approved City Clerk, Verna Lewis presented a sketch indicating the proposed expansion which will not increase the seating capacity by 25%. Authority member Batson made a motion, seconded by Rosemarie Fentress that the application for expansion of the Pizza Roma be approved. The Chairman put the motion to the members of the Authority which was adopted unanimously. Decision on application for a 3.2% Fermented Malt Beverage License application for the Linden Street Exchange. The Authority discussed at length the application, weighed the applicants presentation and supporting documentation as well as the Protestants presentation. Authority member Hendrick made a motion, seconded by Rosemarie Fentress to approve the application for a 3.2% Fermented Malt Beverage License submitted by Richard White and James C. Brown dba the Linden Street Exchange. Chairman Robotham put the question: Yeas: Batson, Fentress and Hendrick. Nays: None. Chairman Robotham abstaining. There being no further business, Authority member John Batson made a motion seconded by Sheila Hendrick to adjourn the meeting. The Chairman put the question which passed unanimously. 7 Chairman T Secretary