HomeMy WebLinkAboutR95-074 suspending mid vail's liquor license
Commissioner ~ moved adoption
of the following Reso u ion:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 95-~
SUSPENDING MID-NAIL RESTAURANT'S
LIQUOR LICENSE
WHEREAS, on April 25, 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 Show Cause
and Notice of Hearing to Vail Food Services, Inc. dba Mid-Vail
Restaurant ("Vail"), a true copy of which is attached hereto as
Exhibit "A", to determine whether Vail 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, Vail appeared by counsel; and
WHEREAS, at the hearing, Vail presented Motions To Dismiss
(Lack of Jurisdiction) and To Dismiss (Vagueness), and argument was
heard in support of the motions; and
WHEREAS, the Board denied the Motion To Dismiss (Lack of
Jurisdiction); and
WHEREAS, the Board granted in part and denied in part the
Motion To Dismiss (Vagueness), severing out the allegations of
violation of CRS 12-47-128(1)(h) -- by allowing alcohol to be
brought onto and consumed on the licensed premise area -- pending
decision on the balance of the allegations set forth in the Order
To Show Cause and Notice of Hearing; and
WHEREAS, at the hearing testimony and written evidence was
presented in support and in rebuttal of the allegations described
in the Order to Show Cause and Notice of Hearing, including Vail
cross-examining the witnesses against it and presenting testimony
and written evidence in rebuttal and in mitigation; 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) Vail has and at all relevant times hereto has had a hotel
and restaurant liquor license, its principal business being
serving customers of the Vail Mountain ski area;
b) The premises for which Vail 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) Vail'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 16, 1995, and routinely, Vail served malt,
vinous and/or spirituous liquor to customers from a bar
located on its licensed premises at Mid-Vail Restaurant for
consumption off the licensed premises;
e) In so doing, Vail was in violation of CRS I2-47-128 (1) (h)
and Reg. 47-128.8 thereunder;
f) Vail Food Services, Inc.'s license for another location
on Vail Mountain (Eagle's Nest Restaurant) was suspended in
January 1995.
THEREFORE, the Board orders that
a) Vail Food Services, Inc. dba Mid-Vail Restaurant's liquor
license shall be suspended for 14 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 11
through 13, 1995, and during those days public notice of the
suspension shall be posted on the licensed premises by Vail in
accordance with Reg. 47-110.1;
c) In the event Vail Mountain has not opened for public
skiing by December 11, 1995, the days of actual suspension
shall be changed to the first consecutive Monday through
Wednesday period thereafter during which Vail Mountain is open
for public skiing;
d) Eleven 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 Vail Food Services, Inc. during the year
following, and the suspension for those eleven days shall
automatically be vacated if there is no finding of such
violation occurring during the period June 5, 1995 through
June 4, 1996; -
e) The allegations of violation of CRS 12-47-128 (1) (h) by
allowing persons to bring their own alcohol, not purchased
from Vail, onto and consume it on the licensed premises, 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 uthority at its regular meeting held
the _~~~~ day of ~ ~_, 1995 nunc fro tunc June 5,
1995.
ATTEST:
COUNTY OF
COLORADO,
BOARD OF
EAGLE, STATE OF
By and Through Its
COUNTY COMMISSIONERS
ohnnette Phillips, Comm ssioner
Commissioner ~ ~ seconded adoption of the
foregoing resolution. The roll having been called, the vote was as
follows:
Commissioner James E. Johnson, Jr. ~
r
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\midvail.sus
County Commissioners
e rge Gates, Commissioner
i
BEFORE Tom' EAGLE COLINTY LIQUOR AT~'I'HORITY
EAC-LE COL,Tl'Y , COLGRADO
ORDER TO SHOW CAI7SE AND NOTI~ OF HEARING
IN THE MATI~R OF:
VAIL FOOD SERVICES, INC.
DBA/MID=JAIL RESTAURPN'I'
VAIL MOUNTAIDT
P.O. BOX 7
VAIL, COLORADO 81658
y,T~FAS, it has been made to appear to the Eagle County
Li r Authority,,that you have ~-olated the statutes or the
rules and regulations of the Colorado Liquor or Beer Codes,
gp~rning your license, including:
CRS 12-47-1280(1~~)~ tha tpurchased froom1the 1`Tic°,-used n
licensed premise,
establishment
CRS 12-47-128 (1) (h) , consunmticn of alcoholic beverages off
the licensed premise
REG 12-47-128.8, permitting removal of alcoholic beverages
from premises
REG 12-47-105.1.A, conducting the licensed premises in other
than a decent, orderly and respectable maimer
CRS-12-47-119(1), a hotel and restaurant licensee may sell
alcoholic beverages only in the Place where same are to be
consumed
CRS 12-47-119(5), a hotel and restaurant license is granted
only for specific premises
in the following particul-mss
~T APRTT. 16, 1995, A PRIVATE P.~Ft1'Y ~'S ' ~~ ~ TES
DECK IACP~TE~ aOTSmE ~- ~ BE ~~ p~~~ ~' S
ALLODQID ALCO~I+
LICII~ID PR~~~ ARF.~,'
AMID
~~d~~
Ci~T APR'LI+ 16 , 1_ _ - , '~ LICE~~EE' S E~LOY~ ALIaOWF~
CST OF AI+ QED FRC~+t LICHEE t-i-~ T~ DECK
OUTSIDE MID-NAIL
NCW OgE, you are hereby criered to appear before this ..
authority in the Eagle County Rccm a~. =~~ 3rcadway, Eagle,
Colorado~81631, on Monday June 5, 1995 at the hear of 3:15 p.m.,
or as soon thereafter as you can be heard, to show cause why your'
.. cr. revoked as by law
said li c..nse shoal-d not be sv~~Pende^
provided.
You are entitled to have an atcor'-eY represe~ you~atso Well
hearing. If you s~houl-d retain an at_or_ley, yo uld
in advance of the hearing . If a pos~cne*ne*it of the bean or to
desired, it should be requested at ne*~*tittwilllnot~be granted
the above mentioned date. A PoStF°u Should fail to appear at the
except for gcod cause shown- If y'c~ will ~ taken ~
aforementioned time and glace, test mcny ~. licPnGe to
reference to the allegations, upon whscn ~doranor Beer Code may
operate under the tezms of the Colorado Liqu
~ suspended or rewked•
Please be further advised that if this authority does find
you in violation of any of the above cited allegations of the
Rules and ations, then it may consider in selecting
County Re~ul t u, all prior violations of
the sanction to be imposed agains Y°~ sanctions
the Liquor or Beer Code by You as we~.~ as anY
previously i~OSed age 1 ryt You
IT IS FUR'I'f~tED ORDERID that a ccny of this Order and Notice
shall be mailed to delivered to the above mentioned licensee-
OF, I have here'anLO set my hand and seal of
IN WITNESS y~~F:RF of A~ri_1=~ 19Q5.
my office this 2s th ~Y
Con4nissioners
Eagle County,