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HomeMy WebLinkAboutR84-71 alleged liquor code violation The GashouseLOCAL LIQUOR LICENSING AUTHORITY COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 84 -71 FINDINGS AND ORDER ALLEGED LIQUOR CODE VIOLATION THE GASHOUSE, INCORPORATED On October 5, 1984, the Eagle County Local Liquor Licensing Authority held a hearing relative to written complaints received regarding the Gashouse Incorporated, d /b /a the Gashouse. The written complaints had been received from James Kemp, Esther Kemp, Dennis Dunlavey, Irene Dunlavey, Larry Tracy, Irene Tracy, Joe Plute, Helene Plute, Jim Dwyer, and Ellen Dwyer. The Board conducted a hearing in which those complainants present who wished to testify, including representatives of the license holder, were examined under oath. The complainants were represented at the hearing by Fredric Berlin Butler, Attorney at Law. The Local Liquor Licensing Authority determines that the complaints relate to the following regulations: Reg. 47- 105.1, Colorado Liquor Code Final Regulation - "Conduct of Establishment" and Reg. 47- 128.8, Colorado Liquor Code Final Regulations - "Removal of Liquor from Premises." After hearing the testimony of the witnesses, considering all the evidence presented and the arguments of counsel for the complainants and being fully advised in the premises, the Local Liquor Licensing Authority pursuant to Regulation 47 -110, Colorado Liquor Code Final Regulations, find that there is not probable cause to believe that a violation of Colorado Liquor Code or Colorado Liquor Code Final Regulations has occurred. The Local Liquor Licensing Authority finds the witnesses to the alleged Removal of Liquor from the Premises did not have any evidence what was contained in the glasses seen by them was liquor nor that it in fact came from the Gashouse. Representatives of the Gashouse testified that they did not use or possess the type of glasses described by the complaining withess. With regard to the remaining allegations, the Local Liquor Licensing Authority does not find evidence that the licensee has not conducted the premises in a decent, orderly and respectable manner nor has the licensee permitted the serving or catering of an apparently intoxicated person or habitual drunkard, nor was there permitted profanity, rowdiness, undue noise, or other disturbances or activity offensive to the senses of the average citizen, or to the residents of the neighborhood. With regard to the playing of music by the band, licensee has agreed to keep the band inside the enclosed building area of the establishment and not allow any band to play on the outside deck during the term of this license. The Local Liquor Licensing Authority further finds that of the actions complained of, some did not occur on the licensed premises, others related to actions by individuals who had not been in the licensed establishment, and that with regard to disturbances, when aware of the problem, the management of the Gashouse had taken appropriate action including the calling of the Sheriff. NOW, THEREFORE, BE IT RESOLVED BY THE LOCAL LIQUOR LICENSING AUTHORITY OF THE COUNTY OF EAGLE, STATE OF COLORADO that the Local Liquor Licensing Authority directs, by this Resolution, an entry of finding of no probable cause with regard to the three written complaints relating to the Gashouse presented to it. MOVED, READ AND ADOPTED by the Local Liquor Licensing Authority of the County of Eagle, State of Colorado, at its regular meeting held the day of November, 1984, nunc pro tune October 5, 1984. COUNTY OF EAGLE, STATE OF COLORADO By and Through its ATTEST: LOCAL LIQUOR LICENSING AUTHORITY By t� %� � By: �j /mot %Clerk of the Board f W. Keith Troxel, Chairman ✓ County Commissioners -2-