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HomeMy WebLinkAboutR82-031 Suspension or Revocation of Liquor License for Whiskey Hill Ruby's Cowboy BarRESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 82- 31 RESOLUTION SETTING A HEARING TO CONSIDER THE SUSPENSION OR REVOCATION OF THAT CERTAIN HOTEL AND RESTAURANT LICENSE HELD BY WHISKEY HILL CORPORATION RELATIVE TO RUBY'S COWBOY BAR AND GRILL LOCATED AT 41000 U.S. HIGHWAY NO. 6, EAGLE - VAIL BUSINESS CENTER WHEREAS, on May 13, 1982, the Board of County Commissioners of the County of Eagle, Colorado, in its capacity as the Local Liquor Licensing Authority, County of Eagle, Colorado, hereinafter referred to as the "Authority ", received information in the form of complaints upon which the Authority could conduct a hearing pursuant to § 12 -47 -110, C.R.S. 1973, as amended, relative to the Hotel and Restaurant License held by Whiskey Hill Corporation relative to Ruby's Cowboy Bar and Grill located at 41000 U.S. Highway No. 6, Eagle - Vail Business Center, hereinafter referred to as the "licensed premises "; and WHEREAS, the aforesaid complaints were received by the Authority in the form of sworn testimony or statements by the following persons: -Jack Haynes: Eagle County Sheriff. -Diane Boyer: associated with Skea, Ltd., a business located adjacent to the licensed premises. - George Boyer, Sr.: associated with Skea, Ltd. - George Boyer, Jr.: associated with Skea, Ltd. - Bonnie Hyland: associated with Gorsuch, Ltdi, a;business located in the near vicinity of the licensed premises. -Brian O'Reilly: attorney representing the licensed premises. -Pete Nelson: Manager of the licensed premises. and pertained to the following activities conducted at or near the licensed premises: -an altercation in the licensed premises involving a knife on or about May 8, 1982. An arrest was made and a police report was prepared relative thereto by the Eagle County Sheriff's Department. -on or about April 23, 1982, Diane Boyer was accosted by an alleged patron of the licensed premises outside in the parking area of the licensed premises. Criminal charges were filed and a police report relative thereto was prepared by the Eagle County Sheriff's Department. - complaints received by the Eagle County Sheriff's Department relative to parking problems and other disturbances associated with and outside but in the near vicinity of the licensed premises. WHEREEAS, based upon the above information, the Authority finds that there is probable cause to believe that the licensee, or an agent, servant or employee of the licensee, has violated the provisions of the State of Colorado, Department of Revenue, Colorado Liquor Code and the Rules and Regulations promulgated pursuant thereto for Liquor Enforcement Division including, but not limited to, Regulation 12 -47 -105.1 (conduct of establishment)of the "Colorado Liquor Code Rules and Regulations ", §12- 47- 128(1)(a), C.R.S. 1973, as amended, (sale of malt, vinous, or spiritous liquor to a visibly intoxicated person), and §12- 47- 128(1)(c) and §12- 47- 128(1)(h), respectively, C.R.S. 1973, as amended, (consumption of malt, vinous or spiritous liquor off the boundaries of the licensed premises); and possibly the terms, conditions, or provisions of the license issued by the Authority relative to parking.for the licensed premises. -2- NOW, THEREFORE, be it resolved by the Board of County Commissioners, County of Eagle, Colorado: THAT, the Authority shall hold a hearing on May 25, 1982, at 3:30 P.M. in the Board of County Commissioners' meeting room, McDonald Building, 550 Broadway, Eagle, Colorado, pursuant to §12 -47 -110, C.R.S. 1973, as amended, and Regulation 47 -110.1 of the "Colorado Liquor Code Rules and Regulations" to determine whether the hotel and restaurant license held by Whiskey Hill Corporation for the subject licensed premises should be revoked or suspended pursuant to the laws and regulations cited hereinabove. THAT, the Authority hereby orders Whiskey Hill Corporation to show cause at said hearing why the above - referenced license should not be suspended or revoked. THAT, an original copy of this Resolution shall be mailed to Whiskey Hill Corporation at the address contained in its license, which shall constitute notice to the licensee of the above - referenced hearing. MOVED, READ AND UNANIMOUSLY ADOPTED by the Board of County Commissioners, County of Eagle, Colorado, at its regular meeting held the Z day of May, 1982. LOCAL LIQUOR LICENSING AUTHORITY COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY COMMISSIONERS ATTEST: By: 4 I "g. Dale F. Grant, Chairman r7 Clerk of the Local Liquor Keith Troxel- Commissioner Licensing Authority and the Board of County Commissioners /A 11 t Dan Williams- Commissioner -3-