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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 10/22/1975LIQUOR LICENSING AUIHORITY October 22, 1975 Regular Meeting - 7:30 P.M. Present: Rudy Baldivia James MacNair Linda Renz Carlos Seegmiller Ed Stoner Staff Members Present: Chief Smith, Officer Groves and Verna Lewis Also: Assistant City Attorney Ramsey Myatt. Minutes Approved Authority member Renz made a motion, seconded by James MacNair to approve the minutes from the regular meeting of September 24, 1975 as published. The Chairman put the motion which was unanimously adopted. Hearings The Chairman read the Hearing Procedures at length. Application for a Hotel -Restaurant Liquor License Submitted by Pryntha Winfrey dba Sportsman's Bar, 210 Walnut, Granted City Clerk, Verna Lewis read the following resolution at length. Authority member Renz made a motion, seconded by James MacNair to adopt the resolu- tion. 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 LIOii[]R T.Te1V&TCL+ WHEREAS, heretofore, Pryntha Winfrey d/b/a Sportsman's Htx, made application to the Liquor Licensing Authority for a beer, wine and liquor license (Hotel, Restaurant); and WHEREAS, the Liquor Licensing Authority has received r<!ports 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 22nd day of October, 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 scuth by Mulberry Street, on the West by Meldrum Street, on tke 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. -2- 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 October 22, 1975. Passed and adopted at a regular meeting of the Liquor Licensing Authority held this 22nd day of October, 1975. ATTEST: pxeo� N-1town M_ The Chairman inquired if there was any opposition to this application. Mr. John Huisjen identified himself and advised the Authority that he represented several of the owners of business in the area. Attorney Ronald H. Strahle advised the Authority that he represented Pryntha J. Winfrey, the applicant. Attorney Strahle next called Mrs. Winfrey who was sworn by the Court Reporter. Mrs Winfrey gave testimony as to the operation under the present 3.2% Fermented Malt Beverage License and the type of patrons served. Applicant's exhibit "A" was presented, being a petition signed by patrons of Sportsman's Bar with approxi- mately 237 signatures. Applicant's exhibit "B" was presented, being a petition signed by owners of business or employees of businesses in the area with approxi- mately 109 signatures. Applicant's exhibit "C", being the same type of petition as exhibit "B" was presented and contained approximately 82 signatures. Applicant's exhibit "D" being a petition circulated in the business area was presented and it contained approximately 17 signatures. Applicant's exhibits "E" and "F" were presented, being petitions that were circulated among the residents of the area containing 74 and 17 signatures respectively. Applicant's exhibits "G" and "H", being photographs of the establishment after being duly posted were presented. Applicant's exhibits "I" and "J" being drawings as the building could be remodeled. Exhibit "I" shows a complete kitchen and exhibit "J" shows a pizza oven and sand- wich oven. Both of these exhibits were accepted by the Authority. The Authority inquired into the food service regulations. Assistant City Attorney Ramsey Myatt, read to the Authority Regulation No. 22 in the State Liquor Code relating to food service. -3- The Authority next inquired into the hours of operation and what kind of clientele would be served. Ms. Sandra Steele, 121 Second Street was called and sworn by the Court Reporter; Ms. Carla Jones, 1229 Cherry Street, Apt. 5 was called and duly sworn by the Court Reporter. Both were petition circulators to the residents of the area. Ms. Carol Albrandt, 904 Wood Street, was called and duly sworn. Ms. Albrandt gave testimony in support of the application as a patron of the establishment and an employee. Mrs. Katherine Coffman was called and duly sworn by the Court Reporter. Mrs. Coffman gave testimony in support of the application as a patron of the estab- lishment. Mr. Martin A. (Cotton) Morgan was called and duly sworn. Mr. Morgan gave testi- mony as to the type of operation currently at Sportsman's Bar and the proposed application. Assistant City Attorney Myatt inquired if there was anyone else in the audience who wished to speak in favor of the application. Mr. John Huisjen, Attorney at Law, representing the Brothers Bar, stated he wished to present evidence in opposition to this application. Mr. Huisjen directed questions to service areas and the petitions submitted by the applicant. Mr. Huisjen next called Carol Albrandt and directed questions regarding her patronage and a clarification of earlier testimony. Mr. Cotton Morgan was recalled and asked about the places he frequented in the area. Mrs. Sharon Kapperman, 6501 Thompson Drive was called and gave testimony as to the requirements in obtaining a hotel -restaurant liquor license in regard to the serving of meals and the need for another establishment. Mr. Ruben Rameriz, 518 Deines Ct., owner of Golden Ram, gave testimony as to the kind of patrons he has and the kind of food service he has. Mr. Gary Baird, 3320 West 5th Street, Road, Greeley, Colorado, the manager of the Country Politan gave testimony as to the kinds of patrons and need for an additional liquor license in the downtown area. Mr. Richard Stencel, 2018 Leicester, part owner of The Brothers Restaurant and Lounge gave testimony as to the need for another hotel -restaurant liquor license in the downtown area and the petitions circulated inihe downtown area opposing the granting of this application. Mr. Ronald Strahle directed questions toward Mr. Stencel regarding the method of obtaining the signatures on the petitions opposing the application. Assistant City Atttorney, Ramsey Myatt accepted the petitions in opposition. -4- C m r+H Pa •D Mr. Strahle recalled to the stand Ruben Rameriz and asked him questions concerning his food facilities, and length of time he has held his license. z - Mr. Gary Baird was recalled and gave further testimony regarding the ownership of ° z The Brothers. o m Mrs. Helen P. Nugent was called and gave testimony to the petitions she circulated Kn among persons who do business in the area. ti ,O CD & n CD Attorney Strahle then concluded his presentation. a N Attorney Huisjen concluded his case for the opponents to the application. a c• a. Authority member Stoner made a motion, seconded by James MacNair to approve the 'D �. application for a hotel -restaurant liquor license for Pryntha J. Winfrey dba o Sportsman's Bar, 210 Walnut and refer the matter relating to food service to the °i City Attorney for a legal ruling to comply with the regulations for a hotel - restaurant or liecense. The Chairman put the motion with the following vote. M rt Yeas: ldivia, =Nair, Seegmiller and Stoner. Abstain: Renz. ,V D *See the ry's note.for correction. Hearing on a 3.2% Fermented Malt Beverage License Submitted by Hibdon, Hibdon, and Brew dba Handi-Pak, 1311 North College 'I c Avenue, Tabled N a City Clerk, Verna Lewis, submitted the following letter from Mr. Kenneth L. Hibdon to the Authority for consideration. ry Liquor Licensing Authority `— City of Fort Collins Fort: Collins, Colo. 80521 w z w Y• I �S Gentlemen:Cn (D e r• .J We request that our hearing on 3.2 beer license be tabled for the hearing of November 1gth, 1975 instead of the October 22nd, 1975 hearing. a Cn 0 z m y z Nandi—Paktyy "< r. Kenneth L. Hibdon w a -5- Authority member MacNair made a motion, seconded by Ed Stoner to table action on the application for a 3.2% Fermented Malt Beverage License submitted by Hibdon, Hibdon, and Brew, dba Handi-Pak, 1311 North College. The Chairman put the motion which was unanimously adopted. Hearing on a 3.2% Fermented Malt Beverage License Application Submitted by Wayne K. Schrader dba Citv Center Market. 144 North Howes, Tabled City Clerk, Verna Lewis, submitted the following letter to the Authority for consideration. City of Fort Collins Liquor Licensing Authority Fort Collins, Colo. 80521 Dear Sirs I would like to request a continuance of my hearing, pertaining to a 3.2 Liquor License for City Center Market, until the November 19th Meeting. Thankyou for your consideration in this matter. Yours Truly, Wayne K. Schrader Authority member MacNair made a motion, seconded by Ed Stoner to table any consideration on the application for a 3.2% Fermented Malt Beverage License submitted by Wayne K. Schrader dba City Center Market, 144 North Howes. The Chairman put the motion which was unanimously adopted. Boundaries Established for a Wine and Beer License Application Submitted by Pelican Fish, Inc., dba Pelican Pete's Fish Market and Oyster Bar, 3512 South Mason City Clerk, Verna Lewis advised the Authority of the following: -6- The outlets licensed within a one mile radius are as follows: Hotel -Restaurant Licenses: Charley 0's, south of Monroe Drive on South College Avenue Casa Godinez, Foothills Fashion Mall Moot House, 2626 South College Avenue Tico's, 333 West Drake Road Retail Liquor Store Licenses: South College Liquors, 2724 South College Avenue Foothills Discount Liquors, 111 West Monroe Drive The Administration recommends the boundaries for the area to be served by the proposed outlet be; City limits to the South City limits to the West Drake Road to the North A line parallel with Lemay from Drake to the South to the city limits Authority member Renz made a motion, seconded by Rudy Baldivia to approve the boundaries as recommended by the' Administration. The Chairman put the motion which was unanimously adopted. Application for a Retail Liquor Store License Submitted by Rex Miller dba Tafthill Liquors, 1027 South Taft Hill Accepted and Hearing Dates Set Authority member Stoner made a motion, seconded by James MacNair to accept the application for a retail liquor store license submitted by Rex Miller dba Taft - hill Liquors, 1027 South Taft Hill and to set the preliminary hearing for November 19, 1975 and the final hearing for December 17, 1975. The Chairman put the motion which was unanimously adopted. Renewal for a 3.2% Fermented Malt Beverage License for Colorado State University. Durrell Center Anna City Clerk, Verna Lewis, advised the Authority that this was a routine renewal application and the Police Department report stated there had been no violations for this applicant in the past year. Authority member Baldivia made a motion, seconded by Linda Renz to approve the renewal application for a 3.2% Fermented Malt Beverage License for Colorado State University, Durrell Center. The Chairman put the motion which was unanimously adopted. Renewal for a 3.2% Fermented Malt Beverage License for Thrifty Foods, 1100 West Mountain Avenue, Approved -7- City Clerk, Verna Lewis, advised the Authority that this was a routine renewal and the Police Department report states there is no basis to deny the applica- tion at this time. Authority member Renz made a motion, seconded by James MacNair to approve the renewal application for a 3.2% Fermented Malt Beverage License for Thrifty Foods, 1100 West Mountain Avenue. The Chairman put the motion which was unanimously adopted. Renewal of a Hotel -Restaurant Liquor License for Gene Kapperman dba Gene's Tavern, 200 Walnut, Approved City Clerk, Verna Lewis, advised the Authority that this was a renewal of the hotel -restaurant liquor license. The Police Department report,was read at length. TO: Mr. Robert Brunton, City Manager FROM: J. A. Groves, Investigative Division SUBJECT: Application for Renewal for Malt, Vinous, and Spirituous Liquor License, Gene Kapperman, DBA, Gene's Tavern, 200 Walnut, Fort Collins Sir: On October 15, 1975, the above named individual made appli- cation for renewal of his Malt, Vinous, and Spirituous Liquor License. On October 16, 1975, this officer received the application for review. In checking the records of the Fort Collins Police Depart- ment, it was noted that 14 customer vs. customer disturbances occurred during the past year in the above named establishment, two of which were not reported to the police department. It is recommended that a warning regarding the reporting of disturbances to the police depart- ment be issued to the licensee. Thisofficer can find no legal basis to recommend denial of this application at the present time. Respectf ly submitted, . a. b� A. Groves Investigative Division /Ralp�M. Smith Chief of Police JAG/sg Officer Groves of the Police Department spoke to the Authority regarding the above report. Chief Smith also spoke to the report requesting that the Authority consider directing a letter of reprimand to the applicant at this time. Authority member Stoner made a motion, seconded by Rudy Baldivia to approve the application to renew the hotel -restaurant liquor license for Gene's Tavern at 200 Walnut, and to direct the City Attorney to draft a letter of reprimand to the applicant, Gene Kapperman. The Chairman put the motion which was unanimously adopted. Special Events Permit for the American Business Women's Association, Approved Special Events permit for a wine tasting party was submitted by the American Business Women's Association to be held on October 28, 1975 in the Fiesta Room, 415 South Howes. Ms. Marilyn Arnold, Vice President of the organization was present and answered questions from the Authority. Authority member Stoner made a motion, seconded by James MacNair to approve the Special Events Permit submitted by the American Business Women's Association. The Chairman put the motion with the following vote: Yeas: Baldivia, MacNair, Seegmiller and Stoner; Abstain: Renz. Expansion of TJ's, 142 Linden Street, Set for Hearin Attorney Kenneth Wolfe, advised the Authority that he represented Mr. Joseph Borghi, the owner of TJ's. Mr. Borghi, was called; City Clerk, Verna Lewis, swore the applicant prior to his giving testimony regarding the expansion. Mr. Bob Ferluga, Downtown Project Director, spoke to proposed plans for downtown redevelopment. Mr. Ferluga expressed his concern about the proposed extension of Remington Street and its relation to the present location of TJ's and the proposed expanded facility. After hearing testimony regarding the expansion and reviewing the plans for the proposed changes Authority member Renz made a motion, seconded by Ed Stoner that the changes were substantial and %vuld require posting, publication, and a hearing. The Chairman put the motion which was unanimously adopted. Authority member Renz made a motion, seconded by James MacNair to set the boundaries for the area to be served as three-quarters of a mile in each direction squared to the nearest corner and set the hearing date as November 19, 1975. The Chairman put the motion which was unanimously adopted. Lication for Expans: sn Rameriz dba Gold( of Premises Submitted by am, 214 Linden Street, Withdrawn City Clerk, Verna Lewis, advised the Authority that the applicant had verbally withdrawn the expansion application. The Golden Ram renewal application will be on the Authority Agenda November 19, 1975. Resolution Granting a Hotel -Restaurant Liquor License to Armory Realty Co., dba Old Post Office, 201 South City Clerk, Verna Lewis read the resolution by title as copies had been sent out with the agenda. Authority member Baldivia made a motion, seconded by Ed Stoner to adopt the resolution granting a hotel -restaurant liquor license to Armory Realty Co., dba Old Post Office, 201 South 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, ARMORY REALTY COMPANY, doing bu:ciness as Old Post Office, made application 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 -10- • 0 any of such findings and determinations at the hearing to be held on this application on the 24th day of September, 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: bounded on the Soith by Prospect Road, on the West by Taft Hill Road, on the North by Vine Drive, and on the West by Lemay Avenue. 3. That the necessary notice of hearing by publication anc 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 fo) 5. That the application is in proper form and will be heELrd by the authority on September 24, 1975. Passed and adopted at a regular meeting of the Liquor Licensing Authority held this 24th day of September, 1975. ATTEST: C airman tyCew -11- Resolution Granting a 3.2% Fermented Malt Beverage License to Southland Corporation dba 7-Eleven Store, 3035 West Prospect Street, Adopted City Clerk, Verna Lewis, read the resolution by title as copies had been sent out with the agenda. Authority member Baldivia made a motion, seconded by Ed Stoner to adopt the resolution granting a 3.2% Fermented Malt Beverage license to Southland Corpora- tion dba 7-Eleven Store, 3035 West Prospect. 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 LICENSINF AUTHORITY ON SAID APPLICATION The application of Southland Corporation d/b/a Seven- EL.even Store for a Class B License for the sale of non- is.toxicating malt liquor came on for hearing on September 21, 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 3035 West Prospect, Fort Collins, Colorado, said site being occupied as a convenience store, the license being sought in connection with such business. 2. The testimony and petitions presented by the appli- -12- The application of Donald S. Gunn d/b/a Panhandlers for a lass A License for the sale of non -intoxicating malt li3uor came on for hearing on September 24, 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 1220 West Elizabeth, Fort Collins, Colorado, said site being occupied as a pizza restaurant, the license being sought in connection with such business. 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. No substantial testimony or petitions were pre- sented contrary to this postition of the applicant. 3. The building in which the license is to be operated is now constructed; however, the plans and specifications of tte applicant show that the applicant proposes to improve seid premises to accomodate the proposed licensed premises and no license should issue until the construction is com- pleted in accordance with the plans and specifications -15- submitted by the applicant and the requirements of the Building Inspector made in conformity with the Ordinances of tte City of Fort Collins. 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 Donald B. Gunn for a Class A License for the sale of non - intoxicating malt liquor at 1220 West Elizabeth, Fort Collins, Colorado be and the same is hereby granted. 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 at a regular meeting of the Liquor Licensing Authority of the City of Fort Collins, Colorado, held this 22nd day of October A.D., 1975. -16- 0 Letter of Reprimand to Ace Liquors 200 East Mountain Avenue Directed City Clerk, Verna Lewis, read the report of the Police Department involving this incident. TO: Mr. Robert L Brunton, City Manager FROM: Jeff A. Groves, Technical Services Division SUBJECT: Liquor Law Violation: Ace Liquors FCPD Case #158374 Sir: On October 8, 1975 at approximately 9:50 p.m., Officer James D. Miller of the Fort Collins Police Department was on routine patrol in the bar area when the following incident took place. An eighteen year old Fort Collins youth entered Ace Liquors and successfully purchased a 4/5 pint bottle of Bacardi Rum. The youth was stopped and subsequently arrested by the patrol officer. The officer at this point also contacted the employee on duty at Ace Liquors in regard to the incident. The answers received by the patrol officer from the employee clearly indicate a negligence on the employee's part, with respect to Colorado Revised Statutes 1973 relating to the purchase of alcoholic beverages. RECOMMENDATION: This officer recommends that a show cause order be issued to Ace Liquors as to why their license should not be suspended or revoked. A copy -17- of the case is included for your review. Respectfully s mitted�� Je�Pf A. Groves Technical Services Division ph kS.mh Chief of Police Officer Groves and Chief Smith concurred that this was a first offense and possibly a letter of reprimand would be sufficient. Authority member Renz made a motion, seconded by James MacNair to direct the City Attorney'to send a letter of reprimand to the licensee's at Ace Liquors relating to this incident and request the Police Department to contact the owners and set up a meeting with the Chief of Police. The Chairman put the motion which was unanimously adopted. Transfer of Ownership of Sagebrush Restaurant and Lounge, 934 Lemay Avenue, Approved Mr. James Henderson, president of the Frick and Frack, Inc. and the owner of Sagebrush Restaurant and Lounge, gave testimony as to the type of operation he proposes to run. The City Attorney, Ramsey Myatt, advised Mr. Henderson that the file is incom- plete and does not contain a copy of the Articles of Incorporation which are a necessary part of the file. Authority member Stoner made a motion, seconded by Rudy Baldivia to approve the transfer of ownership, contingent upon the applicant supplying to the City Clerk a copy of the Articles of Incorporation, for Frick and Frack Inc., dba Sagebrush Restuarant and Lounge, 934 Lemay Avenue. The Chairman put the motion which was unanimously adopted. Discussion on the Possibility of an Independent Survey, Tabled City Clerk, Verna Lewis, advised the Authority that Mr. Brunton, City Manager wished to speak to the Authority regarding this matter and that since he was involved with another meeting at this time, this item should be tabled. Authority member Stoner made a motion, seconded by Rudy Baldivia to table this matter to the next meeting. The Chairman put the motion which was unanimously adopted. i Adjournment Authority member Stoner made a motion, seconded by James MacNair to adjourn. The Chairman put the motion which was unanimous y adopted. uLi Chairman ATTEST: Secretary -19-