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Minutes 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: 1 10-17-2002 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 - 2 10-17-2002