HomeMy WebLinkAboutMinutes 03/20/07 PUBLIC HEARING March 20, 2007 Present: Am Menconi Sara Fisher Peter Runyon Bruce Baumgartner Bryan Treu Christina Hooper Teak Simonton Chairman Commissioner Commissioner County Manager County Attorney Assistant County Attorney Clerk to the Board . This being a scheduled Public Hearing, the following items were presented to the:: Board of County Commissioners for their consideration: Executive SesSion It was moved, seconded and unanimously agreed to go into Executive. Session for the purpose of receiving legal advice on the first appearance and sentencing for a liquor licensee; personnel issues associated with recent job separations; open meeting requirements; and access control issues associated with the Blue Ridge Development which are appropriate topics for discussion pursuant to C.R.S. 24-6-402(4)(b) and (1) Colorado Revised Statutes. It was moved, seconded and unanimously agreed to adjomn from Executive Session and re-COnvene as the Board of County Commissioners. It was moved, seconded and unanimously agreed to return to Executive Session for the purpose of receiving legal advise on press relations and dealing with inaccurate statements which is an appropriate topic for discussion pursuant to C,R.cS. 24-6AO(b) Colorado Revised Statutes. A-t the close of the discussion, it was moved, seconded and unanimously agreed to adjourn from Executive Session' and re-'convene as the Board of County Commissioners. - Consent Agenda Chairman Menconi stated the first item before the Board was the Consent Agenda as follows: A. Approval of bill paying for the week of March 19,2007 (subject to review of the Finance Directot) Finance Department Representative Do Addendum to Agreement between Eagle County and Eagle Care Medical Clinic Kathleen Forinash, Health and Human Services C. Agreement between Eagle County and Kids First Kathleen Forinash, Health and Human Services D. Colorado Division of Wildlife Impact Assistance Grant Mark Chapin, Assessor E. Agreement between Eagle County and Grant Miller, Inc. for construction of the deicing facility Schedule I and Schedule II for Eagle County Regional Airport Facilities Management Representative F. Introduction, First Reading and setting of public hearing for an ordinance prohibiting the feeding of wildlife and regarding waste disposal in unincorporated Eagle County 1 03/20/07 person with limited mobility to get to the side lines. She suggests fixes that do not detract from the aesthetic aspect of the park. She is requesting ~ome assistance from the board to complete the park in the way it was intended from the begihning. Chairman Menconi thanked Ms. Will for her feedback and committed to exploring solutions to these issues. Commissioner Fisher stated that she also appreciated the feedback and concurred that the county would do everything possible to resolve these issues in parks and other public facilities. Ms. Will stated that she and her organization would bewillingto help in any way. ( COIflIflissioner Runyon moved to adjourn as the Board of County Commissioners and re-convene as the Eagle County Liquor Licensing Authority. Commissioner Fisher seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Con.sent Agenda Renewals A. Pier 13 Liquor, Inc. d/b/a Pier 13 Liquors This is a renewal for a Retail Liquor Store License in EagleN ai1. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. B. Stasmore, Inc. d/b/a Shortstop , This is a renewal for a Tavern License in El Jebel There have been no complaints or disturbances in the past year. All thenecessaty fees have been paid. . C. Sady Fall1ily, Inc. d/b/a Edwards Station This is a renewal for a 3.2% Beer (OffPrell1ise) Liquor License in Edwards. There have been no complaints or disfurbances in the past year. All the necessary fees have been paid. D. AtlasPiZta, LLC d/b/a Atlas Pizza This is a renewal for a Hotel & Restaurant Liquor License in El Jebel. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. Other, Consent E. Ta.ste of Vail, Inc. d/bla Taste of Vail This is a request for a Special Event Permit. Taste of Vail, Inc. is requesting a special event permit for its annual Taste of Vall event to be held on Vail Mountain, April 13, 2007 from 9:00 A.M. to 4:00 P.M. All documentation is in order and the necessary fees paid. There have been no protests received in the Clerks Office. F. Enterprise Hotels of Colorado, Inc. d/b/a Rocks Modern Grill Approval of Order Approving Stipulation and Setting Penalty G. Park Hyatt Corporation d/b/a Park Hyatt at Beaver Creek~Whiskey Elk Approval of Order Approving Stipulation and Setting Penalty Commissioner Runyon moved that the Board approve the Liquor Consent Agenda for March 20, 2007, consisting of Items A-G. Commissioner Fisher seconded the motion. The vote was declared unanimous. Other Liquor 3 03/20/07 century, that they have operated restaurants there has only been one other violation. On the night of the incident, the manager was behind the bar when it started getting busy, and the bartender was told to ask for identification from the person in question. All servers areTIPS trained within 60 days of hire. He produced a copy of the server training certificates. Detailed records have been kept for these certifications. There are over 80 employees, but many of them are not involved in the service of alcohol. The corporate culture includes tremendous oversight. In the fall all management staff attends a mini camp to go over food and liquor service requirements. Ms. Howard conducted the training herself as a previously certified TIPS server. They do not serve shots of alcohol on the Beaver Creek Mountain. He spoke about the incident. It was starting to get busy, and was around 7: 15 in the evening. Mr. David clearly remembered the event. The detective and underage woman asked about the types of beer available. The bartender then asked for two "fat tire" beers. The beers were seton the service areaofthe bar, and the patrons were asked if they wanted a glass. Immediately after serving the beers, the detective asked for the check. Mr. Bond was then behind the bar and told Mr. David to make sure, he was checking for identification. When the check Was presented, the bartender asked the woman for identification. When she did not present the identification the bartender removed the beer from the woman. The woman left the premises. Mr. Dunn reviewed the police report and believes there are inaccuracies. The report indicated that the beer had been served for three to four minutes, and that the undercover underage woman had requested the beer, which is not the bartender's recollection. Mr.Dunn has also interviewed other patrons who were in the bar that evening. The patron interviewed confirm~d the version the bartender presented, not the version that the detective documented on the violation. In exhibit one, the receipt for the check has been provided. If the bill had been paid it would be shdWll on the ticket as an amount tendered. In exhibit 2, it shows that the transaction had not been completed and tlocash was accepted. In exhibit 2 it shows that the receipt was opened at 7: 17.52 p.m. which was immediately after the beer had been pOUred. The police report stated that the detective and undercover individual walked out of the restaurant at 7.20 p.m. This was a span of2 minutes and 8 seconds. Mr. David remembers that there was between 60 to 90 seconds between the times that he provided the beer and thetime he asked for identification. The bartender stopped the underage service when he realized it had occurred. He believes that there has been a violation of the law, but their system worked to prevent the underage individual from consuming the alcohol ultimately. He believes the facts in this case are significantly different from other recent violations. He requested that the authority impose a 7 day suspension holding all 7 days in abeyance. If they are required to close, they request he last two days of the Beaver Creek season. Chairman Menconi wondered why they had requested the last two days of the season. Mr. Dunn indicated that he was aware that similar establishments were required to close during the season. COIflIflissionerRunyon moved to accept the stipulation. Commissioner Fisher seconded the motion. The vote was declared unanimous. Commissioner Runyon found it interesting that the operation is working so hard against the,penalties. He asked Ms. Hooper about the law in similar situations. Ms. Hooper commented about the law related to an individual ordering more than one drink at a time. Mr. Dunn stated that the law does not restrict the number of drinks that can be served at one time to an individual. It does state that it is illegal to serve to a minor and they count on their service staff to make sure that no one under age 21 is being served in any type of scenario. Commissioner Runyon wondered if there was a team effort in this type of situation. Beth Howard stated that a guest is no.! allowed to purchase more than two drinks at one time. The bartenders and servers need to be vigilant and make the call about who is required to present identification. ComIflissioner Runyon stated that there is some grey area in this instance. The assumption was that the beer was being purchase~ for the under age person. ( Mr. Dunn stated that typically in this type of situation, the underage person would not be with a middle- aged companion. Ms. Hooper added that the police report indicated that the cooperating individual ordered the drink, which conflicts with the story from the operators. Commissioner Runyon wondered about the time span, which came from two different timepieces. Mr. Dunn indicated that this was indeed possible. He speculated that sometimes the details are missed when several operations are conducted on the same night. Commissioner Fisher stated that Ms. Howard and she have a history. They knew each other during Ms. Fisher's term as county clerk. Beaver Creek food services played an active role in establishing procedures in helping to prohibit service to minors. She wondered when Christopher David began his employment. Mr. David stated that his employment date was November 18, 2006. 5 03/20/07