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Home My WebLink AboutR95-073 suspending beaver creek food services dba broken arrow case liquor license.~ Commissioner ~~ moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 95-~ SUSPENDING BEAVER CREEK FOOD SERVICES, INC. DBA BROKEN ARROW CAFE LIQUOR LICENSE WHEREAS, on April 17, 1995, the Board of County Commissioners of Eagle County, Colorado, acting in its capacity as the Local Liquor Licensing Authority ("Board") issued an Order To Shaw Cause and Notice of Hearing to Beaver Creek Food Services, Inc. clha Broken Arrow Cafe ("Beaver Creek"), a true copy of which is attached hereto as Exhibit "A", to determine whether Beaver Creek was in violation of the Colorado Liquor Code and, if so, whether its liquor license should be suspended or revoked; and WHEREAS, a hearing on the Order To Show Cause was held on June 5, 1995; and WHEREAS, at the hearing, Beaver Creek appeared by counsel; and WHEREAS, at the hearing, Beaver Creek admitted the factual allegations in the Order to Show Cause and Notice of Hearing and stipulated that the facts supported the allegation of a violation of Regulation 47-128.8, i.e., permitting the removal of alcoholic beverages from the premises, and further stipulated to the suspension of its license for a period of ten days, three days to be actually "served" and seven days to be held in abeyance provided there are no further violations during the year following, and Beaver Creek waived further hearing on the Order To Show Cause and Notice of Hearing; and WHEREAS, the Board received and considered the evidence and arguments presented at the hearing. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: The Board finds as follows: a) Beaver Creek has and at all relevant times hereto has had a hotel and restaurant license, its principal business being serving customers of the Arrowhead ski area; b) The premises for which Beaver Creek was granted a license by the Local Liquor Licensing Authority are those premises described in the premises map contained in the liquor license records of the Office of the Eagle County Clerk & Recorder; c) Beaver Creek's license is only for the sale of malt, vinous and spirituous liquor by the drink for consumption on the licensed premises; d) On April 1, 1995, Beaver Creek served malt, vinous andlor spirituous liquor to customers from a bar located on its licensed premises at Broken Arrow Cafe for consumption off the licensed premises; e) In so doing, Beaver Creek was in violation of the Colorado Liquor Code, and of Reg. 47-128.8 thereunder; THEREFORE, the Board orders that a) Beaver Creek Food Services, Inc. dba Broken Arrow Cafe's liquor license shall be suspended for 10 days; b) Three days of the suspension shall be "served," the license, and the service of malt, vinous and spirituous liquor, being actually suspended during the period December 15 through 17, 1995, and during those days public notice of the suspension shall be posted on the licensed premises by Beaver Creek in accordance with Reg. 47-110.1; c) In the event Arrowhead ski area has not opened for public skiing by December 15, 1995, the days of actual suspension shall be changed to the first consecutive Friday through Sunday period thereafter during which Arrowhead ski area is open for public skiing; d) Seven days of the suspension shall be held in abeyance, which days of suspension shall be imposed, on dates set by the Board, in the event of any further violations of the Liquor Code or the Eagle County Beer and Liquor Code Policies and Procedures by Beaver Creek Food Services, Inc. during the year following, and the suspension for those seven days shall automatically be vacated if there is no finding of such violation occurring during the period June 5, 1995 through June 4, 1996; and e) All other alleged violations set forth in the Order to Show Cause and Notice of Hearing are dismissed. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, acting in its capacity as the Local Liquor Licensin Authority at its regular meeting held the ~6~:, day of 1995, nunc fro tunc June 5, 1995. ATTEST: Y OF EAGLE, STATE OF ADO, By and Through Its OF COUNTY COMMISSIONERS i- ~j~r~ ~n~.Q~~ B C erk to the oard of J County Commissioners C: f ohnnette Phi 1 s, Comm' sinner Commissioner ~ seconded adoption of the foregoing resolution. Tle roll having been called, the vote was as follows: Commissioner James E. Johnson, Jr. ~~ Commissioner George A. Gates ~_,~ Commissioner Johnnette Phillips This Resolution passed by (~ "~ vote of the Board of County Commissioners of the County of Eagle, State of Colorado. r\beaver.sus George Ga es, Commissioner i ~ BEFCRE THE EAGLE COUNTY LIQUOR AL~r'_CRITY EAG'1.,E COUNTY, COLORADO ORDER TO SHOW CAUSE AMID NOTI~ OF~E AR_ZNG IlV THE i~TI'ER OF BEAVER CREEK FOOD SERVICES, INC. DBA/BROKEN ARROW CAFE 018 S TEFtR~' .r , CREEK RQAD, ARROWHEAD, IDTn~RDS , CO 8163 2 P.O. BOX 7 VAIL, COLORADO 81658 WHEREAS, it has been made to afar to the Eagle County Liquor Authority, .that you have violated the statutes or the rules and regulations of the Colorado Liquor or Beer Codes, governing your license, including: CRS 12-47-128(1)(h), consumption of alcoholic beverages off the licensed premise REG 47-128.8, permitting re*.noval of alcoholic beverages from pre*.nises REG 47-105.1.A, conducting the licensed premises in other than a decent, orderly and respectable manner CRS 12 -47 -119 (1) , a~ tYie a lace wheresameicare o ~ sell alcoholic beverages only p consumed CRS 12-47-119 (5), a hotel and restaurant license is granted only for specific premises in the following particulars: Cl~T APRIt+ 1, 1995, ~ I,ICII~I5FE' S B~LOY~B ~fS ACID OBSERVED AWISIr1G TffiZS6 OR F+OOR FILE'S SI'~~ AT ~ PICNIC TABLES IATEGY ~-DJACII~ Ta BOT OOTSInE Tf~ LICE P Tl~T TREY CaQLD 1~1C7r DR'II~ BEER Il~T TAT AREA BOT Tt~iT NO C~ ~CTLD MOW TF~Y WII2E IIR~ B~ IF TffisY POT ~ HE'BEt Il~T SOFT ffit~ COPS, AMID TSE SEE Tt~EOPC~T SOFT DEC COPS TO Z~ r.~ ~ PfnJRED T~ BESRa INZ'0 TF1E SOFT IAt~IIt COPS AMID COTS@~ IT AT T~ PICNIC TABLES: ANOTF~Ft LICSNSSS' 3 B~LOYSB ~iS AMID OHSSttVED ADVISIr1G ANOT~ COS'7,~[t TAT ~_ COST~t ~iS ALLOWED ~ ~'~ ~ y,~ ~ POOR Bffit Il~T1O~A T T~ TnU~iY Ta C~'r AI~ODrID Z'~iT L ~ ~ ~~ SOFT DRIl~C COP . NOW, T~~EREFORE, you are hereby crdered to appear before this authority in the Eagle County Room at 500 Broadway, Eagle, Colorado, 81631, on Monday, the Sth cay of May, 1995, at the hour of 3:15 p.m., or as soon therearter as you can be heard, to show cause why your said license should nct be suspe-*~ded or revoked as by law provided. You are entitled to have an attorney represe*~t you at the hearing. If you should retain an attorney, you should do so well in advance of the hearing. If a postponement of the hearing is desired, it should be requested at Least ten (10) days prior to the above mentioned date. A postponement will not be granted except for good cause shown. If you should fail to appear at the aforementioned time andlace, testimony will be taken in reference to the allegations, upon which evidence your license to operate under the terms of the Colorado Liquor or Beer Code may be suspended or revoked. Please be further advised that if this authority does find you in violation of any of the above cited allegations of the County Rules and Regulations, then it may consider in selecting the sanction to be imposed against ycu, all prior violations of the Liquor or Beer Code by you as well as any sanctions previously imposed against you. IT IS FURTI~R. ORDERED that a cony of this Order and Notice shall be mailed or delivered to the above mentioned. licensee. IN WITNESS WI3EREOF, I have hereunto set my hand and seal of my office this 17th day of April, 1995. of ty 'ssioners - Eagle County, Colorado