HomeMy WebLinkAboutMinutes 10/17/2002
SPECIAL MEETING
OCTOBER 17, 2002
Present:
Michael Gallagher
Tom Stone
Brian Treu
Chairman
Commissioner
Commissioner
Absent:
Am Menconi
Sara J. Fisher
Commissioner
Clerk to the Board
This being a Special Meeting, the following item was presented to the Board of County
Commissioners for their consideration:
Liquor Licensing Authority
Commissioner Stone moved to adjourn as the Board of County Commissioners and reconvene as
the Local Liquor Licensing Authority.
Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was
declared unanimous. Commissioner Menconi was not present at this hearing.
Brian Treu, Assistant County Attorney, stated this hearing is to determine if there is probable
cause that a violation ofthe Colorado Liquor Code has occurred and if so if the alleged offenders should
be brought before this Board in the future. He stated a cooperating individual working with the Sheriff s
Department and a sting operation was held on September 5, 2002. Six Eagle County businesses were
caught selling to the 18 year old cooperating individual. The CI was given $10.00 and sent into the
establishments to purchase a six pack of Budweiser Light. The CI was also wired and the transactions
were recorded. Mr. Treu stated the establishments were Sady Family, Inc., d/b/a Edwards Liquors,
Feather Petroleum Company, d/b/a Stop & Save #18, Edwards Liquor Mart, Inc., d/b/a Riverwalk Wines
& Spirits, Buxman Enterprises, Inc., d/b/a Village Market, Terrance S. Marcum d/b/a Shop & Hop #3
and Edwards Discount Liquors, Inc., d/b/a South Forty Liquors.
Chairman Gallagher asked ifMr. Treu knew how many establishments were hit that evening.
Mr. Treu stated he did not but was surprised that six of Eagle County establishments sold to the
minor. He stated Earlene Roach, County Liquor Inspector, would like the Board's authorization to send
out show cause notices and have these establishments appear on November 19, 2002 at 9:00 a.m. She
will attempt to have the applicants sign a stipulation to the crime, then on the 19th of November all that
would come before the Board would be the penalty phase.
Chairman Gallagher asked if there was any question about the conduct of the cooperating
individual in the way of dress or inducement.
Mr. Treu stated it was his understanding that the CI had some physical attributes but that does
not have anything to do with her appearing to be under aged.
Commissioner Stone stated he has had the opportunity to review the evidence and what Mr. Treu
has discussed is correct. The 18 year old went into the establishment and some asked for ill and then
did not insist on one and the other did not ask. He stated the sting operation was recorded and it appears
there was probable cause to indicate the licensees did violate the liquor code.
Commissioner Stone moved the Eagle County Liquor Authority find probable cause to believe
the following licensees have violated the Colorado Liquor Code and further move they be brought before
this Board on November 19,2002 and show cause why their licenses should not be suspended or
revoked:
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Edwards Discount Liquors, Inc., d/b/a South Forty Liquors
Terrance S. Marcum, d/b/a Shop & Hop #3
Feather Petroleum Company, d/b/a Stop & Save #18
Buxman Enterprises, Inc. d/b/a Village Market
Sady Family, Inc., d/b/a Edwards Liquors
Edwards Liquor Mart, Inc., d/b/a Riverwalk Wines & Spirits.
Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was
declared unanimous.
Mr. Treu informed the Board during the penalty phase the Board can suspend the license, revoke
the license or have the applicant pay a fine in lieu of suspension.
Commissioner Stone moved to adjourn as the Local Liquor Licensing Authority and reconvene
as the Board of County Commissioners.
Chairman Gallagher seconded the motion. Of the two voting Commissioners the vote was
declared unanimous.
There being no further business to be brought before the Board this Special Meeting was
adjourned.
~Q-
Attest: I-tDIuA
Cler to the Boa -
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