HomeMy WebLinkAbout20042160.tiff HEARING CERTIFICATION
RE: SHOW CAUSE HEARING TO CONSIDER WHETHER GOOD CAUSE EXISTS TO
REFUSE TO RENEW A HOTEL AND RESTAURANT LIQUOR LICENSE - RJML, LLC,
DBA LA MARAVILLA RESTAURANT
A public hearing was conducted on July 19, 2004, at 10:00 a.m., with the following present:
Commissioner Robert D. Masden, Chair
Commissioner William H. Jerke, Pro-Tem
Commissioner M. J. Geile
Commissioner David E. Long - EXCUSED
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Carol Harding
Assistant County Attorney, Bruce Barker
Planning Department representative, Bethany Salzman
Health Department representative, Trevor Jiricek
The following business was transacted:
I hereby certify that a public hearing was conducted to considerwhether good cause exists to refuse
to renew a Hotel and Restaurant Liquor License for RJML, LLC,dba La Maravilla Restaurant. Bruce
Barker, County Attorney, made this a matter of record and also called up two items of business from
the regular Board of County Commissioner's July 19, 2004, Agenda, "Consider Compliance with
Condition F of Resolution Dated April 9, 2003 and Consider Application for License to Conduct
Public Dance or Dances and authorize Chair to sign." Mr. Barker stated Gene Tardy,Attorney, is
appearing on behalf of La Maravilla, and Stan Peek, is representing Weld County in this matter. Mr.
Barker stated he and Mr. Peek have been in discussion with the Weld County Sheriffs Office,
including Les Weimers, Dave Tuttle, Kim Fliethman, and Sheriff John Cooke regarding security
issues, as well as Pam Smith from the Department of Public Health and Environment regarding
septic and water issues. He stated on July 16, 2004, a four-hour meeting was held with the
applicant and his representative, Stan Peek and Bruce Barker, as well as several staff members
of the Sheriffs Office,and they worked through a number of issues. Mr. Barker stated they feel they
have an agreement, in principal,for making improvements on several issues. Mr. Barker discussed
the overall security of the facility and having security that is consistent inside and outside of the
facility, with a free and open relationship between security guards and the Weld County Sheriffs
Office. He stated the key to agreement in this area is that all parties agree that there would never
be an incentive not to call the Sheriff. Mr. Barker stated the relationship between the owners and
the security guards should be on a level that would never be an incentive not to call. He stated the
Sheriff will do bar checks, as enabled by Colorado Statute, although certain details have been
included in the agreement to make it easier to do so, including the ability to have parking next to the
front door to allow easier access to the facility. La Maravilla is also looking at hiring a new security
company, and is getting input from the Sheriff's Office on selection of the company.
Mr. Barker discussed the number of people allowed in the facility and stated the Temporary
Certificate of Occupancy allows up to 600 people; however, that number is limited to 350 by the
dance license issued by the Board. The applicant has requested the numbers be increased,
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although the agreement deals with having an incremental increase depending on the installation of
additional equipment for the septic system. Mr. Barker stated the desire is to add secondary
equipment to enable higher numbers, with a review period after each increment, by allowing 450
individuals,then installing the secondary septic treatment equipment and review the facility after 90
days. He stated there is also a desire to have the Sheriff Office review the numbers with respect
to any problem that occurs, such as traffic or handling the larger crowd. Therefore, the Sheriff
would review the facility every 90 days. The agreement also reflects that it is vital that the number
of people allowed in are exact, and security must ensure the numbers are accurate and kept at the
proper number.
Mr. Barker stated another part of the agreement states the applicant must ensure minors are not
served. He explained that the desire of the licensee is to add a mechanism to make the barrier
more secure between adults and minors, similar to what was done at Club Romance. Mr. Barker
stated disturbances must be dealt with in an acceptable manner to ensure the Sheriffs Office is
called to make sure the people involved are apprehended. He also stated the licensee has taken
measures to better control trash, and he will continue to do so with additional containers and
additional lighting on the east side of the building, as requested by the Sheriff. He stated the
licensee will not only ensure his own employees obtain TIPS Training provided by the State, but will
act as a host facility for other licensees to attend on a six-month basis. He stated the applicant will
ensure each employee is certified as TIPS trained, and he will provide copies of their certificates to
the Board.
Mr. Barker recommended that this be continued to August 2, 2004, first to allow Mr. Peek time to
draft the written agreement, second,to allow Mr.Tardy to have all of his witnesses here, and third,
to allow the applicant to have all five Commissioners present. Mr. Barker also recommended the
Temporary Certificate of Occupancy be made permanent,since the number allowed under the Fire
Code is 752. He stated the Board of County Commissioners can then restrict the number allowed
in the dance hall portion and the number of meals served by Resolution. He stated that in terms of
the Building Code, he does not sed that the Board can continue the Temporary Certificate of
Occupancy after the applicant has proven the system works. Responding to Commissioner Geile
regarding the installation of a reverse osmosis system, Mr.Tardy stated he reviewed the documents
and minutes of past meetings regarding this case, and there does not appear to be a mandatory
requirement for a reverse osmosis system. He stated the customers are receiving bottled water,
which will remain the operating procedure in the establishment. He also stated it is difficult to meet
a State nitrate goal since changes continue to occur, and the levels have recently changed. Mr.
Tardy stated the licensee does not intend to use well water in the operation of the establishment.
Responding to Chair Masden, Mr. Tardy stated they use only single service dishes, and the well
water is used for cooking utensils. Trevor Jiricek, Department of Public Health and Environment,
stated he concurs with Mr.Tardy's comments, and the State is introducing an alternative. He stated
the system is regulated as a drinking water system, and he is satisfied with the nitrate level. Mr.
Jiricek stated they are working with the State as to what compliance level this facility will be required
to meet; however, the State is currently satisfied with the quality as it stands.
Responding to Commissioner Geile, Mr. Barker stated the license is currently limited to 350 people
because of the dance hall license and it would remain at that number; however, the licensee is
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requesting the number be increased to 450 on August 2, 2004, if the agreement is approved.
Responding further, Mr. Barker stated the Temporary Certificate of Occupancy expires today,
although the three Board members present could approve the change to a permanent Certificate
of Occupancy. Commissioner Geile stated he feels it is quite risky to have three Commissioners
act on behalf of five in this matter. Commissioner Jerke stated it is a real risk, to take action at this
time, and he would rather see whole package at one time. Mr. Barker clarified for Commissioner
Jerke that the date of August 2, 2004, would be to present the written agreement to the Board for
approval, or if the agreement is not approved, to determine that all the relevant issues to be
discussed during the Show Cause Hearing are listed and a date set for that lengthy Show Cause
Hearing. In that manner, he stated, all parties will knows which issues are to be heard and can
present testimony in the case. Chair Masden agreed that changing the Certificate of Occupancy
to permanent will not pass today, and Mr. Barker stated the dance hall license also expires today.
He recommended the Chair determine whether there is testimony regarding the continuance, and
stated if there is any testimony allowed on any issue, the licensee has the right to cross-examine,
therefore it would be better to present that testimony when all five will be present.
Mr. Peek stated he has looked at the Temporary Certificate of Occupancy and the recent hearings
regarding it and there do not seem to be any outstanding issues that would prevent it from being
made permanent; however, it would be all right to continue it at the Board's discretion. He stated
the dance hall license would also have to be continued. Mr. Tardy stated there are no contested
issues with regard to the permanent Certificate of Occupancy, and he takes no position on it. He
stated that if the Board does not approve the stipulating agreement on August 2, 2004, a Probable
Cause Hearing would be set and witnesses would be called at that time. Responding to
Commissioner Jerke regarding the stipulated agreement and citizens ability to provide input into it,
Mr. Tardy stated they met with the Sheriffs Office, Fort Lupton Chief of Police, Sheriff's deputies,
and staff from the Department of Public Health and Environment, as well as reviewing all records
related to this matter;and procedurally,the citizens and others requesting input into the agreement
constitute an adversarial circumstance, therefore, any further comments should be made as
witnesses under oath and open to cross-examination.
Chair Masden stated that any public testimony should be regarding only the continuance,and it will
be subject to cross-examination.
David Norcross, Mayor of Fort Lupton,stated the City received a referral in January 2001 for a dance
hall and nightclub, under the name of El Reventon. He reviewed the history of that initial application;
however, Mr. Tardy objected, based on the relevance of the testimony. Chair Masden requested
the testimony be confined to whether or not this matter should be continued, and Mayor Norcross
stated he is in favor of continuing this because there is an agreement being discussed that he needs
time to look at. He stated there were meetings held last week, however, no one has talked to
anyone in the community, and he feels they should be involved. Responding to Mr. Tardy's
question, Mayor Norcross stated he does not have personal knowledge of the agreement being
discussed.
Norma Taylor, resident of Fort Lupton, referenced Section 12-18-101, Colorado Revised Statute,
which allows a dance hall license to be issued by the Board of County Commissioners to be in
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effect from the date of issuance to the end of the current calendar year. Mr. Barker stated the Board
approved this dance license on a temporary basis, because the other issues were unresolved. Ms.
Taylor stated she objects to the continuance, because the public will have no opportunity to be heard
in any discussions regarding the stipulated agreement which was worked out behind closed doors.
She stated the public should have access to those discussions.
With no one else wishing to give input, Chair Masden closed public testimony.
Responding to Commissioner Geile, Mr. Barker stated those present at the meeting on July 16,
2004, were as follows: Deputy Weimers, Bruce Barker, Stan Peek, Gene Tardy, Rueben
Rodriquez, and Pam Smith for only the first part. Mr. Barker stated there was no discussion with
the Board of County Commissioners, and the agreement will be presented to the Board for the
August 2, 2004 meeting if the Board continues this matter to that date. Mr. Tardy stated, for the
record,that the meetings were between counsel, and it is clear that no one on the Board of County
Commissioners or Liquor Authority Board was present. He stated it is inappropriate to involve the
public in settlement issues,and only the appropriate representatives of County government and the
licensee were present. Mr.Tardy reiterated there were no secret meetings, only settlement issues,
which are allowed to be discussed. Responding to Commissioner Jerke regarding the process for
public input into the stipulated agreement, Mr.Tardy stated that at the time the stipulated agreement
is presented to the Board, it would be open for public comment, and the Board will be able to amend
the stipulated agreement if all parties agree. He stated the contract becomes a quasi-judicial
matter, therefore, the licensee must agree to any amendments. Mr. Peek agreed that if the
Commissioners have suggestions for the stipulation agreement, and if all parties agree, it could be
changed.
Responding to Chair Masden, Mr. Barker stated he will present the agreement to the Board prior to
the meeting date, to allow him to address individual questions; however, discussion of the Board
should be deferred to the hearing date. He stated the Board will be considering the details that have
been agreed upon by all parties. Responding to Commissioner Geile, Mr. Barker stated the Board
would have to go into Executive Session to discuss the matter outside the public forum; however,
part of Rule 408 allows for settlement negotiations without access by the public. He stated he would
like more time to determine whetherthatwould be appropriate in this case, and indicated that every
meeting of the Board is open unless an Executive Session is specified, as allowed.
Commissioner Jerke moved to leave the Certificate of Occupancy as it is currently and continue it
to August 2, 2004,at 9:00 a.m. The motion was seconded by Commissioner Geile,and Mr. Barker
clarified that it is under the same terms and conditions as specified in the April 12,2004, resolution.
The motion carried unanimously. Commissioner Geile moved to continue the dance hall license,
with a limit of 350 people, to August 2, 2004, at 9:00 a.m. Commissioner Jerke seconded the
motion, which carried unanimously. Commissioner Geile moved to continue the Show Cause
Hearing to August 2,2004, at 9:00 a.m. The motion,which was seconded by CommissionerJerke,
carried unanimously.
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This Certification was approved on the 21st day of July 2004.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
EL���
aG'.cI EXCUSED DATE OF APPROVAL
�► '
Robert D. Masden, Chair
1861 ?.=1d ! lerk to the Board
-2,..,e-
On ve , William .,JJe ke Pro-Tern
.uty Clerk to the Board
M. J. Geile
TAPE #2004-30 EXCUSED
David E. Long
EXCUSED
Glenn Wad
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