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HomeMy WebLinkAboutMINUTES-02/07/1970-AdjournedMINUTES,OF AN ADJCIURNED MEETING OF THE COUNCIL OF THE CITY OF FORT . COLLINS, Held Saturday, February 7, 1970, a.t 11:00 o'clock A.M. Present: Councilmen Carson, Troxell, Lopez and Kruchtbn. City Manager Coffey and Assistant City Attorney March, Jr. ..Absent: Councilman Kissock, excused. The meeting ;was called to order by the Mayor. The follow1bg notice of hearkg was presented and read at length: February 5, 1970 Mr. Eugene Kapperman -Fort Collins, Colorado Re: Notice of Hearing Dear Mr. Kapperman You are hereby advised that a complaint has been made to the City Council of the City of Fort Collins regarding an alleged violation of the City Fermented Malt Bewerage`Ordinance. Specifically, it is alleged that, as owner of Gene's Tavern, 200 Walnut Street, Fort Collins, Colorado, you have violated Section 14 (a) .of Ordinance,17, 1968, appearing in the Code of Ordi- nances of the City of Fort Collins at section 2-43, by permitting minors under the age of 18 years not accompanied by parents or guardians to be in a tavern. The minor allowed in Gene's Tavern was Stuart Allen Fegter, age 17. You arefurther notified.that on February 7, 1970, at the hour of 11:00 A.M., or as soon thereafter as the matter may come on for nearing in the Council Chambers at the City- Hall, Fort Collins; 300 West Laporte Avenue, Fort Collins, Colorado, the City Council will hold a hearing and take evidence regarding the alleged violations, and determine whether or not your license to sell fermented malt beverages shall be revoked, suspended, or what other action should be taken. You may be present, be heard and be represented by counsel at saidrhearing if you so desire. Yours truly, /sl Arthur P. Roy Assistant City Attorney I hereby certify that the above notice was served upon Mr. Eugene Kapperman at 200 Walnut Street, Fort Collins, Colorado, on February 6, 1970, at 2:53 P.M. /sl Sgt. Terry Rains C Attorney Ronald H. Strahle., representing Gene Kapperman, opened the case by offering a complaint of the short time of serving notice, that it was Tess than 24 hours, which did not give him time to..present any witnesses and requested a delay or continuance and stated that --this was not in accordance to due process of law, and it appeared to him that the.Licensing Authority is attempting to put his client out of business. Considerable discussion was held regarding the renewal of the license. Attorney Strahle emphasized that this was not relative to the renewal of his license but this hearing was on vio- lations only. Mr. Arthur Roy, Assistant City Attorney, representing the City , stated that proceedings were "only-'under:.the, City -ordinances relative t o violations and not the licenses.. Sergeant Terry Rains was sworn in and°'gave his report on recording vio- lations at Gene's Tavern and stated that on the night- of January 9, 1970, that Stuart Allen Fegter was seen leaving the tavern with a six pack. Rains fol- lowed the car in which Fegter entered, upon stopping them, found out that the youth was only 17 years of age and purchasing fermented malt beverage at this age is a direct violation of the City regulations. Mr. Strahle asked Officer Rains if he could identify Stuart Fegter, and fuund he was sitting in the front row of the Council room. Stuart Fegter of 132 West Street, was swo ro� und gave hisview of the incident. Atthetime of this incident Fegter was only three months from his 16th birthday and made the statement that he had purchasedbeer in almost all taverns in the City. - Juvenile Officer Russel Buck was sworn in for questioning. Mr. Strahle asked Sergeant Buck the disposition of this violation. Sergeant Buck stated that it was arranead with Fegter's Father and felt certain that he was reprimanded at home. Attorney Arthur Roy read Section 2-43 of the Code of Ordinances, relating to Fermented Malt Beverages. Mrs. Ethel Kapperman was sworn in and asked her relation to the defendant. She stated that She was his mother. Sae was asked what happened on January 9, 1970. She stated that Fegter looked 19 to 20 years of age, therefore, she stated he was not asked for any identification. Attorney Roy asked Mrs. Kapperman if there were any* previous violations. She stated that there was a similar incident on January, 1965,and July, 1966, and that she was not involved, therefore, she was not sited for these occurances. Gene Kapperman was sworn in and asked how long he had had this establishment. He stated three years, however, prior to this time, he was a partner with his mother, who then sold out and he took in as a partner his brother Richard. The previous violations mentioned, were prior to the time of becoming sole owner, therefore, he had no record of any violation. He stated that one oftheincidents talked of was by a girl from Wyoming,rwho presented a Wyoming drivers license that belonged to a girl friend of hers and she was served 3.2% bee, although whe was not of age legally. The suspensions on these previous violations was a term of 30 days and a 24 hour period. Sharon Kapperman was sworn in as a witness. She was asked her relation , to the defendant, and she stated she was his wife. She stated she had been informed of the Fegter in cident and 'was quite concerned and contacted the Chief of Police and inquired as to what would happen to their license. The Chief of Police informed her that there would be a hearing in thec',hear future, also she stated that Mrs. Ethel Kapperman was at the tavern the night of this viola-tion. Chief Smith was `swo r�.!and gave a report, stating that the tavern handled the College Days crowd very well, however, the officers were instructed to keep a constant watch at all times. He stated that they had a record of all incidents and calls where trouble might develop. He also suggested that an alarm system. be installed with a button somewhere under the counter to signal his department if trouble dev=lops. He also stated that reports indi- cate that Fegter was by himself and with no othe.r person, and was not asked to identify himself. Attorney Roy stated that the hearing was an administrative consider- ation and -previous incidents were not to be explored and it is not his recom- mendation to suspend this license, but would leave it to the decision of the Council. Attorney Ronald Strahle stated there was a violation aid this must not be permitted to occur in the future and the Licensing Board should not be reluctant to try anyoviolator that is under 18 years of age. He stated that we all know that taverns are in business to make a profit and the operators will not risk a revocation of their licenses -for a few cents. He suggested that all tavern owners contact an officer should trouble develop and that the City should be rough and tough in incidents of this celaber. He said he thought this a mistake 'rather than a direct violation and strongly recommended the Licensing Authority not to close the establishment and stated that he thought that every effort should be made to get the cooperation of every tavern within the City. No further evidence was presented, the Mayor called for a recess to consider the summary. After reconvening, motion was made by Councilman Troxell, seconded by Councilman Troxell, to renew the license, since it expires February 10, 1970, and a 30 day suspension for the present violation to take effect at 1:00 P.M. this date. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez, and Kruchten. Absent: Councilman Kisso'ck, excused. Nayes: None. The Mayor declared the motion adopted. Motion was made by Councilman Troxell, seconded by Councilman Kraa:ehten, that the meeting adjourn. Roll was called resulting as follows: Ayes: Councilmen Carson, Troxell, Lopez and Kruchten. Absent: Councilman Kissock, excused. Nayes: None. The Mayor declared the motion adopted and the Council adjourned. r ATTEST: _ May City Clerk