Loading...
HomeMy WebLinkAboutMinutes 07/31/96 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 Present: George "Bud" Gates Johnnette Phillips James Johnson, Jr. Jim Hartmann Sara J. Fisher SPECIAL MEETING JULY 31, 1996 Chairman Commissioner commissioner County Administrator Clerk to the Board This being a Special Meeting, the following items were presented to the Local Liquor Licensing Authority for their consideration: Eagle Valley Chamber of Carmnerce Commissioner Gates stated today's meeting is being called because of alleged liquor license violations at the fair. Earlene Roach, Liquor Inspector, stated this meeting was called due to a report of possible violations on July 27, 1996 during a portion of the Eagle County Fair, alcohol provided by the Eagle Valley Chamber of Commerce. She stated Kim Andree, from the Eagle County Sheriff's Office, was attending the event, standing in line at the beer booth and watched the a~plicant not card anyone, watched the sale of beer to minors and intoxicated lndi viduals . Ms. Andree taught two separate TIPS classes for several members of the Chamber of Commerce. Ms. Roach stated she also spoke to Jeff Huff, Eagle County Sheriff's Department, who indicated there were several individuals who were intoxicated and had to be escorted out. Mr. Huff was in plain cloths but working the event. The Chamber of Commerce has been talked to before about these types of things happening. Apparently what they learned at the TIPS training was not used. Staff believes these offenses effect the safety, health and welfare of Eagle County residents. If the Board finds there have been violations of the liquor code, Staff recommends the Board temporarily suspend the Special Events pennits until a show cause hearing can be held. Ms. Roach stated Kim Andree is present to answer any questions the Board may have. Bob Loeffler, Ass't. County Attorney, asked about the special events license. Kim Andree, Eagle County Sheriff's office, stated it was not her intent to create anything more than an educational issue. She attended the concert as an individual. While there, she was contacted by people who also saw the violations but were unwilling to be here today. Because of her TIPS training, she is aware of the requirements for service. She watched untrained TIPS servers serve twelve beers to one individual, they served to a high school student from Eagle Valley High School. She watched some being carded but others were not. She knows some of those serving were not TIPS trained. Ms. Andree stated she understands this is a voluntary group and a fund raiser. It was not her intent to have a hearin~ develop out of this. It was not everyone who was serving incorrectly, but lt was discouraging to see a person sell twelve beers. Chairman Gates asked about security at the gates? Ms. Andree stated there were individuals stationed at the gates. Chairman Gates stated it is disturbing to him that people will complain but won't step forward. Ms. Andree stated that is difficult. Confrontation is difficult and it is difficult in this situation. She believes the Chamber has made some attempts, an honest attempt. Commissioner Phillips suggested that volunteer workers are difficult to train. Mr. Loeffler asked if TIPS training was a requirement of this year's license holder. Arlene Quinon, president of the Chamber, stated it is their policy to TIPS train all servers. 1 Chairman Gates asked they allow Ms. .Andree to finish. Jeff Huff, Eagle County Sheriff's Office, was at the concert in plain cloths but was on duty. Mr. Loeffler asked Ms. .Andree if she talked to the people doing the service. Ms. Andree stated she talked to Diana Kaufka and another server. Mr. Loeffler asked if she spoke to the person who sold the multiple beers. He asked if there was a supervisor. He asked who the person was. Ms. Quinon stated Peggy Carter is the person and is ~resent today. Commissioner Phillips asked if there was a citation lssued. Ms. Andree responded no. She stated the officers on duty were busy escorting intoxicated individuals out and breaking up fi~hts. Jeff Huff was asked to provide assistance and securlty. There were two officers there in unifonn. He was there in plain clothes. He helped escort at least three people out of the fairgrounds area because of fights. Those were the only three he personally saw that were visibly intoxicated. He did not do a report but wanted to get the people out and on their way. He stated as he was swinging by the beer tent he did observe people walking away with two or more cups. He saw underage people standing in line but he did not see them being served. He did not observe anyone being carded. Overall he stated, there were a lot of people at the concert and there were a lot of people drinking. Commissioner Phillips asked if Mr. Huff said anything to the people serving there. She asked if he instructed the servers accordingly. Arlene Quinon stated the chamber's goal is to run a safe and successful fair. They have at least one TIPS trained member present. She stated they had a problem this year with the beer trailer from Orrison. She stated they did not have a trailer available. Coors was willing to come in. She stated the individuals working that night were very busy. Steve had a crew of six working. Diane, Peggy Carter (who is TIPS trained in Denver), Dave Prater, Mike Walters. Ms. Qulnon stated they had three men and two women working the booth. She is surprised to learn the signs were not posted, and maybe they were not as visible as in the past. Ms. Quinon introduced Peggy Carter, who served the twelve beers. That person was part of a group and handing liquor back to those individuals. Ms. Carter will explain that evening some were servers and others were carders. Not necessarily does the person serving the beer do the cardin~. Ms. Quinon stated they were provided with two way radios lf there was a problem. She believes that is a two way deal. If there were problems and concerns, Steve should have been notified. There were intoxicated individuals in the arena, but Chamber members did not see cups of beer. Perhaps they had there own stash. Ms. Quinon stated they did not anticipate the number of people that were there. Ms. Quinon showed the license and the tape marks on the sheet. Peggy Carter, a volunteer, stated there were intoxicated individuals there, she saw them enter the premise. She refused service to some people. The large group of people was more like a relay. She stated she carded people. Mr. Loeffler asked about the service of some people serving and some people carding. Ms. Carter explained Steve was doing the carding of some. Ms. Quinon asked if Ms. Carter refused to serve beer. Ms. Carter explained she refused service to one guy who was being obnoxious. Ms. Carter stated there were others. Ms. Quinon stated the circumstance are those of which they should be aware and more so at the time. They try to have people there to watch the crowd. She stated if they made a ffilstake, it was because they did not rope off the lines. She stated this is especially more so at a concert. She suggested they were not adequately set up to serve so many. Chairman Gates stated there are plenty of excuses. The question here is whether or not there was a violation. Ms. Quinon said as far as the Chamber is aware, there was no violation. They don't know that underage drinkers were served and that there were intoxicated individuals. Chairman Gates stated a condition of their license is to control it. Commissioner Phillips stated she knows there were intoxicated individuals there as would everyone who was there. Serving a crowd is 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 difficult. It is unfortunate that we weren't better prepared. She believes the security probably was sufficient enough. There was no citation issued for underage drinking or intoxication. This was brought to our attention but the fair will be over before the show cause can be scheduled. She asked for legal guidance. Mr. Loeffler stated the same rules apply and the permittee has the same responsibility as a bar owner to not serve underage people or intoxicated people and to maintain enough control of their premises to ensure the laws are not being broken. If it were the Board's decision, they would be able to immediately suspend the pemit. Ordinarily there would be a show cause and a hearing. To do that, the fair would be over. You can, however, suspend the license pending the hearing of the show cause. That, in this case, would probably not happen before the dates of the license is over. The State, Mr. Loeffler stated, does not authorize the Authority to impose a temporary suspension. Mr. Loeffler stated the statute does not say there must be a recorded violation. Commissioner Johnson was there and he was carrying his backpack. It was checked at the gate. He stated the Chamber has tried to live within the guidelines that have been outlined. Again, we are probably victims of our success. There was a big crowd. Commissioner Johnson reminded everyone that he has not been too eager to issue special events licenses and optional premises license. He stated there should be guidelines in place and perhaps we should adopt some practices that will help eliminate some of the possible confusion. He made suggestions like carding in line, roping off the lines, having more windows or venues, limiting the number of beers, etc. Chairman Gates stated those things should have been considered before hand. Commissioner Johnson stated the special events license is in force for a few more days unless the Board suspends it. Commissioner Phillips stated she would not like to see such a severe reprimand and that actions must be taken for tonight and the nights to come to ensure that future violations not take place. Earlene Roach reminded the Board these things have been discussed before. Commissioner Phillips agreed and wants to see some proactive steps taken immediately. She believes there were serious violations. Chaiman Gates asked if we should research this further. Ms. Quinon stated they cannot possibly police a crowd of two thousand people to whom they are selling beers. She does not believe it is the Chamber's responsibility. Commissioner Johnson stated it is the license holder's responsibility. Commissioner Johnson moved the Board find there were alcohol violations and suspend the liquor license for four days to be held in abeyance, but if there are other violations, the sale of alcohol will cease. Mr. Loeffler stated the special event permit is an odd duck because of the short time period. He related the County cannot hold days in abeyance for a Special Events Permit. Commissioner Johnson directed the Chamber to get together with the Clerk's office and develop guidelines. Commissioner Johnson moved the Board take no action. ,Commissioner Phillips seconded the motion. The vote was declared unanlmous . Sheriff A.J. Johnson stated his concern is that a great deal of discretion needs to be used. At the time they could not have made a number of arrests without fights taking place. From his stand~oint, what ultimately happens is that someone gets injured. It's a money maklng thing for the Chamber, but if the violations continue he informed the Board he will shut them down. He stated underage drinking is a chronic problem in Eagle County and the Sheriff's Office is trying to put a stop to it. 3 Commissioner Phillips reminded the Chamber the Board has suggested they rope of an area to allow the Chamber personnel to check all ID's before that person is allowed to purchase alcohol. Only two beers per individual may be sold. Intoxicated individuals may not be served. There being no further business to be brought before the Board this meeting was adjourned. Attest: C ~~A~~aL 4