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HomeMy WebLinkAboutMinutes 08/27/96 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 PUBLIC HEARING AUGUST 27, 1996 Present: Johnnette Phillips James Johnson, Jr. Robert Loeffler Jim Hartmann Sara J. Fisher Commissioner Commissioner Ass't. County Attorney County Administrator Clerk to the Board Absent: George "Bud" Gates Chairman This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: The Board convened as the Local Liquor Licensing Authority. Commissioner Gates was not present today as he was at a meeting in Glenwood. Ristorante Ti Amo Earlene Roach, Liquor Inspector, presented a transfer of ownership of a Hotel and Restaurant License for perucchini, Inc., dba/Ristorante Ti Amo. She related the two individuals involved in the corporation are the current owners of the establishment, but under a Limited Liability Company. She stated all documentation is in order and all fees have been paid. The applicants are reported to be of good moral character. Staff recommended approval. Commissioner Johnson moved to approve the transfer of ownership of a hotel and restaurant license for perucchini, Inc., dba/Ristoranti Ti Amo. Chairman Pro-tem Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Chairman Gates was not present at this hearing. South Forty Liquors Earlene Roach presented a renewal of a Retail Liquor Store license for Lake Creek Liquors, Inc., dba/South Forty Liquors. She stated she received a complaint concerning service to minors from a concerned parent. She stated this individual reports her own child as well as others purchasing alcohol from South Forty. Ms. Roach stated as of this date those minors are not willing to testify they purchased alcohol without using a fake ID. Also there were reports of minors hanging around outside the establishment waiting for someone over the age of 21 to purchase the alcohol for them, and the use of fake ID's cut out of a magazine. Staff spoke with the applicant concerning these complaints. Mr. Deitz related they are carding everyone possible, trying to chase the minors away from the building and watching for anyone buying alcohol and handing it to someone else outside. This is all Staff can ask. There was a sting operation performed by the Sheriff's Office and South Forty did ask for ID and would not sell the beer to the minor. Staff recommended the renewal be approved. Commissioner Johnson asked if they have one of the official ID books. Mr. Deitz responded they have three. He stated the employees are very well versed in looking for false identification. He stated there are many 1 irresponsible adults who may buy the liquor for the minors. He stated the manager and one employee were present today. They have witnessed adults buying alcohol for underage people and they have actually taken liquor away from people once they have determined the adult made a fraudulent purchase. Mr. Deitz stated the employee who carded the individual in the sting had only been working there for four days. Commissioner Johnson asked what type of offense an adult faces for purchasing for a minor. He related he has been approached by youths in the parking lot. He suggested perhaps they do a sting operation regarding the purchase of alcohol. Bob Loeffler, Ass't. County Attorney, stated the law of entrapment may prevent that from happening. Mr. Deitz questioned the sheriff's department sending someone in to buy liquor illegally. He suggested it starts with the parents but they may not be aware of where their children even are. Commissioner Johnson moved to approve the renewal of a Retail Liquor Store license for Lake Creek Liquors, Inc., dba/South Forty Liquors. Chairman Pro-tem Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Johnson commended Mr. Deitz and his employees for being responsible. Champions Tavern Earlene Roach presented a renewal of a Hotel and Restaurant License with Extended Hours for Monet's Tavern, Inc., dba/Champions Tavern. She stated the Sheriff's Office reported several disturbances during the past year. There were 5 fights, three instances of refusal to leave and two intoxicated individuals. Staff met on site with the applicant to discuss these matters. During this time frame there were two individuals responsible. Both those individuals were terminated due to their lack of ability to say no. The applicant also has a log book on site and both the day shift and evening shift must log their events. Most of the disturbances were logged and explained. Staff believes this log book is an excellent idea. Staff believes the applicant has these matters under control and recommended the renewal be approved. Ralph Dockery, owner of Champions, stated they have been in management there for two and a half years and there has been a tremendous improvement. He applauded his employees and stated they called in on every instance. Mr. Dockery referred to one of the bartenders who was over serving and they did let him go because he had gotten kind of burnt out. He stated his employees go through TIPS training every year. Mr. Dockery stated as president of the Restaurant Association, he runs the alcohol training program. They bring the trainers in every year to attempt complete compliance for all bar and restaurant owners. He stated they have really hit hard on this in the last three to four years. Commissioner Johnson asked about the percentage of employees trained. Mr. Dockery stated it is hard to gage but at his operation, they train all new employees within their first few months. He stated they usually offer six classes in the fall and each class has 15 to 20 employees. Commissioner Johnson asked about feedback from the restaurants. Mr. Dockery responded some restaurants make it mandatory, but some of the fine dining establishments do not. They are getting there and they keep working on it. 2 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 Commissioner Johnson moved to approve the renewal of a hotel and restaurant liquor license with extended hours for Monet's Tavern, Inc., dba/Champions Tavern. Chairman Pro-tem Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Ann's Market Earlene Roach presented a show cause hearing for The Customer Company, Inc., dba/Ann's Market. Ed Sands, outside council, was present to support the Clerk's office and provide legal council. He stated they are prepared to move forward if the applicant is ready to either admit guilt or not. Ann Jordan, applicant, stated the employee made a mistake. Commissioner Phillips asked if this was just a liquor establishment. Ms. Jordan responded it is a food store. Ms. Roach was sworn in and asked specifics about her employment. Mr. Sands asked additional questions about the licensee. He asked if Ms. Roach had read the police report. She responded she had. Based upon the knowledge of the report, Mr. Sands asked if Ms. Roach had a recommendation. Ms. Roach stated the last establishments that were first time offenders were shut down for two days with none in abeyance. Commissioner Johnson stated with the other first time offenses he thought they had closed for four days. Mr. Sands asked what the recommendation of the State is. Ms. Roach stated the State normally suspends for thirty days on a first time offense such as this. Commissioner Johnson questioned the penalty not being stiff enough. Ms. Roach stated for a retail liquor store two days may be enough. For a convenience store, they are still in business. Commissioner Johnson and Commissioner Phillips both feel two days will be sufficient in this instance. Commissioner Johnson asked about training for employees. Ann Jordan stated they are to card everyone under the age of 30. She also stated they have training through their corporation. Ms. Jordan stated this is her first offence in fourteen years. Commissioner Johnson moved to find there has been a violation of the Colorado Liquor Code. The applicant's license shall be suspended for two days and two additional days will be held in abeyance for a period of one year. Commissioner Phillips seconded the motion. Mr. Sands asked for clarification to the days being held in abeyance. Commissioner Johnson stated the dates of suspension are August 28th and 29th, 1996. Chairman Pro-tem Phillips called for the question on the motion. The vote was declared unanimous. Village Market Earlene Roach presented a show cause hearing for Buxman Enterprises, Inc., dba/Village Market. Mr. Sands asked if the licensee will admit or deny the allegations. Rob Mound, with Village Market, stated they do admit. 3 Ms. Roach stated everything is the same with this file as in the last. Mr. Sands clarified it is Buxman Inc. who owns the store. Commissioner Johnson asked about training. Mr. Mound stated all of the cashiers are trained. They have a computer system which will allows for the employee to put in the information regarding their identification. He stated once the birthdate is punched in, if they are not old enough the register will not ring it up. Commissioner Johnson asked about hitting an override button. Mr. Mound explained. He stated since this incident, they have been more selective. Commissioner Johnson asked about signage. Mr. Mound stated they have been in business since 1967 and this is their first incident. They are registered for the next TIPS program in Glenwood Springs. Commissioner Johnson moved that the Board find there was a violation of selling alcohol to a minor. The applicant shall be suspended for two days, August 28 & 29, 1996, holding two additional days in abeyance for a period of one year. Chairman Pro-Tem Phillips seconded the motion. The vote was declared unanimous. Commissioner Johnson moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Chairman Pro-tem Phillips seconded the motion. The vote was declared unanimous. Plat & Resolution Signing Kathy Eastley, Planning Technician, presented the following plats and resolutions to be signed by the Board: a) ZC-275-96, Crowley Zone Change. She stated this is a approving a zone district amendment in the Reudi Shores vicinity. Residential zoning was requested to be down-zoned to a designation Resource. Commissioner Johnson moved to approve Resolution 96-113, file number ZC- 275-96, Crowley Zone Change. Chairman Pro-tem Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Resolution The Rural of LUR-018-96, Land Use Regulation Amendments George Roussos, County Engineer, presented file number LUR-018-96, Land Use Regulation Amendments. Sid Fox, Planning Manager, explained the proposed amendments to the Board. He explained appendix "a", and the proposal to remove this appendix. The remaining appendices will therefore need to be changed. He explained the inclusion of sketch plan extensions. He reviewed changes to Chapter 5, Road Cut regulations, construction in public ways of Eagle County. Mr. Fox stated the Planning Commission supported the proposed changes. He stated they recommended approval as proposed but discussed the four year sketch plan, indicating this was probably too long of a time frame. It was also suggested there be two one year extensions rather than one two year extension. Mr. Fox reviewed letters received from the public. Mary Jo Berenato, Deputy County Attorney, stated it is important to note the language states the Board may allow up to a two year extension. It does 4 BOARD OF COUNTY COMMISSIONERS EAGLE, COLORADO RECORD OF PROCEEDINGS FORM 50 HOECKEL'S 387869 not state it will be extended for a two year period. Commissioner Johnson questioned 5.09.01 and 5.10.10 (1), IIsecurity bond approved by County Attorney. II Mary Jo Berenato stated the County Attorney1s Office will review the bond and report to the Board of County Commissioners for the final say, to expedite the public hearing process. Fred Kummer, Adams Rib & H.B.E. Corporation, stated with the recent decision of Judge Hart, it would be a very foolish decision to approve the changes. He stated it would seem the Board would be anxious to protect it's prerogative. Mr. Kummer questioned sketch plans not be extended with the transfer of property. He stated any sketch plan that can be accomplished in four years is probably not the kind of sketch plan this County wants to look at. When dealing with a large parcel you are dealing with great complexity. He continued to discuss the proposed changes with the Board. He recommended the Board reject the proposal from the Planning Commission and Planning Staff. Kathy Heicher, Planning Commission member, reminded the Board when the surveys were done the demand was for IISunsetll rules. Commissioner Johnson stated he believes there is a deficiency in the current language. He cited some examples. Ms. Berenato stated the extensions run with the land not with the owner. Commissioner Johnson suggested striking the language. Mr. Kummer requested this matter be tabled until all Commissioners can be seated. Commissioner Johnson stated he believed this matter can be handled without Commissioner Gates. Chairman Pro-tem Phillips stated she would prefer the language remain as it lS. Discussion continued on the proposed regulation amendments. Charlie Wick, Adams Rib Recreational Area, questioned filing water augmentation plans. He stated this process sometimes takes longer than four years. Chairman Pro-tem Phillips questioned the legal rights of a developer who was waiting for answers from another governmental agency. Ms. Berenato stated the applicant can take the matter to the District Courts. Commissioner Johnson stated the applicant can also come in with a preliminary plan and also ask the Board to waive certain conditions. Ms. Berenato stated an applicant could have up to ten years for a sketch and preliminary plan. Mr. Kummer rebutted the statements saying this time frame will only work if you have a two or three acre site. Chairman Pro-tem Phillips questioned the Planning Staff recommending extensions. Keith Montag, Director of Community Development, explained the process. He stated the applicant does have the right to appeal any Staff decision. Commissioner Johnson moved to approve file number LUR-018-96, Land Use Regulation Amendments. Chairman Pro-tem Phillips suggested striking the II one II noted in the Board of County Commissioners may grant a one time extension for up to two years. Chairman Pro-tem Phillips would not second the motion. 5 Commissioner Johnson moved to approve LUR-018-96, excluding 2.17.03 and 2.16.03 extending the sketch plan. Chairman Pro-tem Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. Commissioner Johnson moved to table section 2.17.03 and 2.06.13 of the Eagle County Land Use Amendments to September 3, 1996. Chairman Pro-tem Phillips seconded the motion. Of the two voting Commissioners the vote was declared unanimous. There being no further business to be brought before the Board the meeting was adjourned until September 3, 1996. pt~~.+2f4ie# Chairm 6