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
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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.
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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.
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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
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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.
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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.
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