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HomeMy WebLinkAboutMinutes 07/23/96 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 PUBLIC HEARING JULY 23, 1996 Present: George "Bud" Gates Johnnette Phillips James Johnson, Jr. Sara J. Fisher Chairman Commissioner Commissioner Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Local Liquor Licensing Authority. Whitewater Package Store Chairman Gates asked the status of today's hearing. James Fritze, County Attorney, stated the hearing was closed to further testimony and the Board shall render a decision on the motion to dismiss and a decision on the alleged violation. Terry O'Connor, representing the license holder, asked for Mr. Fritze's interpretation of the laws as they relate to the notice. Mr. Fritze responded he believes it to be groundless. Commissioner Johnson moved to deny the request for dismissal. Commissioner Phillips seconded the motion. The vote was declared unanimous. Commissioner Phillips stated she still has several questions in her mind concerning the testimony at the last hearing regarding the alleged violation. She questions if the bottle had been purchased from Whitewater Liquors. She questions the purchaser's knowing the name of the liquor as well as the pricing. She also questions the other bottles in the apartment. Thus she feels there could be a discrepancy. James Fritze stated the specific violation is whether on May 27, 1996, spirituous liquor was sold to a person under the age of 21. Commissioner Phillips stated she cannot make that motion. She believes the liquor could have been purchased elsewhere. She read the finding that was erroneous in the notice. Commissioner Johnson corrected Commissioner Phillips on the points regarding the bottle brand and the testimony of Reichers and Vodapich. Commissioner Johnson moved the Local Llquor Licensing Authority find there was a violation and that liquor was sold on May 27, 1996 to someone under the age of 21. Chairman Gates seconded the motion. Commissioners Gates and Johnson voting aye, Commissioner Phillips voting no. Mr. Fritze stated the Board having found a violation can suspend or revoke the license. commissioner Phillips asked if they can take testimony. Mr. Fritze stated yes, and they can discuss the options. Mr. Fritze stated the prosecutor should go first and last. Mr. Sands called Earlene Roach as his first witness Mr. Fritze reminded Ms. Roach she is still under oath. Earlene Roach introduced herself and answered questions asked about her position in the office and previous violations. Ms. Roach stated in December 1994 the establishment's license was suspended for two days for sale of alcohol to a minor. In March 1996 the applicant's license was suspended for four days for sale of alcohol to an intoxicated individual. Mr. Sands asked to admit the minutes into the record. Commissioner Johnson asked Ms. Roach about the State's recommendation about suspension for Whitewater Liquors license. Ms. Roach responded the State really did not have a recommendation but for the last violation had recommended at least a thirty day suspension and 30 days in abeyance. Mr. Fritze asked if the Attorneys had anything further to say. 1 Mr. Sands stated as noted by Mrs. Roach, this was the third violation of three very serious violations. He reviewed the previous instances. He reminded the Board of the ~revious sanctions and that this licensee did not get the message. Once agaln there is a serious violation. Mr. Sands reminded the Board they heard in sworn testimony that this is a known place where juveniles can buy liquor. It comes to a point where warnings, short suspensions, a slap on the hand don't do any good. The time has come for this Board to take a stand and show this licensee and all others that the Board does not tolerate violations. He told the Board they can suspend up to six months or revoke the license. Mr. O'Connor stated he does not see this as a violation as there have been no legal allegations brought against the establishment at this point. He understands the Board's concern. He reviewed the stin~ operation and the following violation where there was an arrest by the Sherlff's office and questioned the extent of the person's intoxicatlon. They originally purchased this establishment in 1979. In the last eighteen years, there have been no other violations that have been reviewed. Mr. 0' Connor reminded the Board that underage drinking and intoxication violations take ~lace everyday. These people are not in the business of selling to underage drlnkers. He reminded the Board of the purchase of liquor from City Market. He told the Board of the Yonker's purchase of this establishment and their responsibility. He discussed the concerns of the Yonker's and the fact it's a mom and pop shop and the mom and pop are not running the day to day operation, their son does. Mr. O'Connor recommended a thirty day suspension with thirty days in abeyance. He questioned the future of the young man. He questioned him being a minor. These people are facing the loss of their livelihood. They are not minimizing the violations. Mr. O'Conner stated the license holder is doing everything possible. This is not something that should happen, but it can. Chairman Gates stated he does not believe the kid is being treated as a hero. He reviewed his statements previously made. Mr. Sands echoed Chainnan Gates remarks. He stated underage drinking is a serious violation. He reminded the Board he is the Eagle Town Attorney as well. The license holder has a great responsibility. The sale of alcohol is different from any other business. Commissioner Phillips stated she recognizes this to be a serious charge. She believes with the traffic and the busy times there may be violations. She doesn't deny this as being irresponsible. She does not believe them to be sanctioned out for the sting operation. The sale to the intoxicated person, she questions. Commissioner Phillips moved to suspend the license for a three month period and hold an additional three months suspension in abeyance. Commissioner Johnson seconded the motion for discussion. Commissioner Johnson stated this authority is holdin~ liquor establishments responsible for the licenses. The reason lt is highly regulated is because of the consequences of the sale of liquor to a minor or an intoxicated person. He believes the Board must take some responsibility. He does not feel the punishment of the second violation was more than a slap on the hand. Mr. Fritze recommended the Board adopt written findings to the presented to the Board this afternoon. Chairman Gates called for the question on the motion. The vote was declared unanimous. Wildwood Shelter Earlene Roach presented a Manager's Registration for David B. Hite, Vail Food Services, Inc., dba/Wildwood Shelter. Also included is a renewal of a Hotel & Restaurant License with Extended Hours. She stated all documentation is in order and all fees have been paid. Mr. Hi te is reported to be of good moral character. There have been no complaints or disturbances during the past year. Staff recommended approval. Chairman Gates asked about extended premise. Ms. Roach stated there is no optional premise attached to this establishment. Sarah Barclay, introduced her self as legal representation of Vail 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 Associates. Commissioner Johnson asked David how long he's been in the alcohol selling business. Mr. Hite responded with V.A. for seven year's and in the business for 22 years. commissioner Johnson asked additional questions regarding TIPS, etc. Commissioner Johnson moved to approve the Manager's Registration for David B. Hite, Vail Food Services, Inc., dba/Wildwood Shelter Commissioner Phillips seconded the motion. The vote was declared unanimous. Commissioner Phillips moved to approve the renewal of a Hotel and Restaurant License with Extended Hours for Vail Food Services, Inc., dba/Wildwood Shelter. Commissioner Johnson seconded and the vote was declared unanimous. Upper Eagle Valley Chamber of Ccmmerce Earlene Roach presented an application for Special Events Permit for Avon Beaver Creek Resort, dba/Upper Eagle Valley Chamber of Commerce. She stated all documentation is in order and all fees have been paid. She informed the Board this application is the continuance of the events scheduled under the previous application for Red Tape Merchants Association. They had their limit of ten days so the Chamber of Commerce picked up the additional days scheduled. Staff recommended approval. Mr. Loeffler stated he did not notice the application was Beaver Creek Resort Company. Commissioner Johnson asked who is the Chamber of Commerce? Brian Nolan, representing the Upper Eagle Valley Chamber of Commerce, explained who they are and related Kate Collins is the president. Chairman Gates asked where the event will be held. Mr. Nolan explained the location on Beaver Creek Mountain. Chainnan Gates asked about security issues. Mr. Nolan stated Beaver Creek Security will patrol and local staff will be TIPS trained. Commissioner Johnson moved to approve the Special Events Permit for Avon Beaver Creek Resort, dba/Upper Eagle Valley Chamber of Commerce. Commissioner Phillips seconded the motion. The vote was declared unanimous. Beaver Creek Lodge . Earlene Roach presented a Manager's Registration for Ted Mosher, DJONT Operations, Inc., dba/Beaver Creek Lodge. She stated all documentation in is order and all fees have been paid. Mr. Mosher is reported to be of good moral character. There were two reports from the Sheriff's Office which Staff has talked to Mr. Mosher about. One was a fight but there was no one around when Beaver Creek Security got there. The other was an intoxicated individual who reported he had been drinking and playing pool at Players. These incidents took place before Mr. Mosher's arrival and he immediately made some changes. No citations were issued at that time. Staff recommended approval and will keep a watch on this establishment. Commissioner Johnson asked about the changes made. Mr. Mosher said they have introduced TIPS training and better training. They've implemented a manager on duty program. Commissioner Phillips moved to approve a Manager's Registration for Ted Mosher, DJONT Operations, Inc., dba/Beaver Creek Lodge. Commissioner Johnson seconded the motion. The vote was declared unanlmous. Lodge at Cordillera Earlene Roach presented a modification for Kensington Management, Inc., dba/Lodge at Cordillera. She stated this modification eliminates that part of the Optional Premise known as Tract T from the licensed premise. All 3 documentation is in order and all fees have been paid. Staff recommended approval. Rick Rosen, legal council for Kensington Management and GEMSA, stated that KMC has asked for the optional premise license for tract T. Now that they have had some experience, it is a better situation for GEMSA to have control. There have been no problems, but it will provide for better service to the area. There have been no changes to the pro~erty Commissioner Johnson moved to approve the modlfication of premise for Kensington Management, Inc., dba/Lodge at Cordillera, eliminating Tract T from the licensed premise. Commissioner Phillips seconded the motion. The vote was declared unanimous. Cordillera Golf Club Earlene Roach presented a modification of premises for GEMSA Corporation, dba/Cordillera Golf Club. The applicant is proposing to add Tract T to their optional premise boundaries. Staff believes it makes more sense to have Tract T connected to this establishment as it is closer to the Golf Club rather than the Lodge. All documentation is in order and all fees have been paid. Staff recommended approval. commissioner Phillips moved to approve the modification of premises for GEMSA Corporation, dba/Cordillera Golf Club. commissioner Johnson seconded the motion for discussion. In discussion, Commissioner Johnson stated his only concern is with the maps that they received. He pointed out the concerns he has to the various maps sizes. Mr. Rosen stated there is no difference in the area of tract T. Commissioner Johnson pointed out his concern and suggested the red line be removed. Mr. Rosen e~lained what they tried to depict. Ms. Roach pOlnted out she had red lined the Commissioner'S maps and had made the mistake. Chairman Gates called for the question on the motion. The vote was declared unanimous. James made a mistake. Commissioner Johnson moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board Of County Commissioners. Plat & Resolution Signing Kathy Eastley, Planning Technician, presented the following plats and resolutions to be approved and signed by the Board: SM-l053-96, Wiltshire Court condaninimns, Phase II. She stated this was a Minor Type B Subdivision, the second phase of a condominium project located in the Beaver Creek Subdivision. This map is seeking to plat three condo units and related general and limited common elements. Commissioner Phillips moved to approve and authorize the Chairman to sign final plat file number SM-1053-96, Wiltshire Court Condominiums, Phase II. Commissioner Johnson seconded the motion. The vote was declared unanimous. SM-l042-96, Arrowhead at Vail, Filing 19, Lot 24. She stated this was a Minor Type B Subdivision, a resubdivision of Lot 24 to create lots 24A and 24B. This plat does contain a Duplex Split Caveat. Commissioner Johnson moved to approve and authorize the Chairman to sign final plat, file number SM-1042-96, Arrowhead at Vail, Filing 19, Lot 24. Commissioner Phillips seconded the motion. The vote was declared unanimous. SM-l043-96, Arrowhead at Vail, Filing 19, Lot 25, SM-l044-96, Arrowhead at Vail, Filing 19, Lot 26, SM-1045-96, Arrowhead at Vail, Filing 19, Lot 28, SM-l049-96, Arrowhead at Vail, Filing 19, Lot 22. She stated these were Minor Type B Subdivisions. These plats do contain a duplex split caveat. 4 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 Commissioner Phillips moved to approve and authorize the Chairman to sign final plat, file number SM-1043-96, SM-1044-96, SM-1045-96 and SM-1049- 96. Commissioner Johnson seconded the motion. The vote was declared unanimous. PD-293-96-AF6, Cordillera Subdivision, Filing 20, Lot 18. She stated this was an administrative process building envelope amendment as defined by the Cordillera Amended and Restated Planned Unit Development Control Document. All adj acent property owners and the Design Review Board have supplied letters of approval for this change. In addition, the review criteria has been met as defined by Section 1.10.1 and 1.05.3 of that document. Commissioner Johnson moved to approve and authorize the Chairman to sign final plat, file number PD-293-96-AF6, Cordillera Subdivision, Filing 20, Lot 18. ,Commissioner Phillips seconded the motion. The vote was declared unanlmous. Resolution 96-98, file number ZS-385-96, Game Creek Club. She stated this was a resolution for the approval with conditions, of an amendment to a Special Use Permit for a recreational facility. This file was presented to the Board of County Commissioners on July 9, 1996. Ms. Eastley reviewed the changes that needed to be made to the original resolution. Commissioner Phillips moved to approve Resolution 96-98, file number ZS- 385-96, Game Creek Club. Commissioner Johnson seconded the motion. The vote was declared unanimous. Resolution 96-99, file number PD-296-96-A, Cordillera Valley Club. She stated this resolution was for the approval of a POO Amendment which changes land use des i$llat ions , shifts density, adds a sign code and accomplishes some administrative clarifications within the POO Guide. This file was presented to the Board on July 9, 1996. Commissioner Johnson moved to approve Resolution 96-98, file number PD- 296-96-A, Cordillera Valley Club. Commissioner Phillips seconded the motion. The vote was declared unanimous. Resolution 96-100, file number PD-141-96-A, The Homestead, Filing 3. She stated this was a resolution for the approval of a POO Amendment which would allow a clubhouse facility to be constructed on Lot 5. This file was presented to the Board on July 9, 1996. Commissioner Phillips moved to approve Resolution 96-100, file number PD-141-96-A, The Homestead, Filing 3. Commissioner Johnson seconded the motion. The vote was declared unanlmous. Resolution 96-101, file number PD-341-95 sip and ZC-268-95, Edwards Nursery. She stated this was a resolution for the approval with conditions, of a Minor POO for a retail nursery operation to be located on Highway 6 in Edwards area. In addition, a zone change from Resource to POO is also included in this resolution. This file was presented to the Board on July 9, 1996. Commissioner Johnson moved to approve Resolution 96-101, file numbers PD-341-95 sip and ZC-268-95. Commissioner Phillips seconded the motion. The vote was declared unanimous. Mr. Fritze asked that the board change hats to the Local Liquor Licensing Authority to review the written findings in order of suspension for the Board's consideration. 5 Commissioner Phillips moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensing Authority. Commissioner Johnson seconded the motion. The vote was declared unanimous. Jim Fritze, County Attorney read into the record the findings and order of suspension for Whitewater Package Store. commissioner Johnson moved to aPI?rove the Order of Suspension of Whitewater Package Store and the findlngs incorporated and authorize the Chairman to sign. commissioner Phillips seconded the motion. The vote was declared unanimous. There being no further business to be brought before the Board the meeting was adjourned until July 29, 1996. Attest: C cft:~'~d/t:- 6