HomeMy WebLinkAbout20042267.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 August 2, 2004, at 9:00 a.m., with the following present:
Commissioner Robert D. Masden, Chair
Commissioner William H. Jerke, Pro-Tern
Commissioner M. J. Geile
Commissioner David E. Long
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Carol Harding
Assistant County Attorney, Bruce Barker
Undersheriff, Margie Martinez
Planning Department representative, Bethany Salzman
Health Department representative, Pam Smith
The following business was transacted:
I hereby certify that a public hearing was conducted to consider whether good cause exists to refuse
to renewa 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 August 2, 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 reviewed the Stipulated Conditions for Renewal of License, for the record, and stated
copies have been provided to all parties and interested persons who are present. Mr. Barker
explained each paragraph,A through I, stating paragraph A was included in order for the Licensee
to be comfortable calling the Weld County Sheriffs Office(WCSO),without concern that those calls
would affect the renewal of his license when it expires. Mr. Barker stated the applicant has provided
one parking space near the front entrance, to be reserved for a WCSO vehicle. He stated that,
while the Sheriff has the power and responsibility to periodically make checks of any licensed
establishment, it will facilitate those bar checks and responses to calls if the parking space is
available near the front entrance. Mr. Barker stated paragraph B was included to ensure security
guards are provided to cover inside and outside of the facility;and to ensure the company selected
has a good working relationship with the WCSO. He stated paragraph C discusses increased
numbers to be allowed in the dance hall portion of the licensed premises, beginning with an increase
to 450 immediately upon approval of this agreement. If the Licensee wishes to further increase the
occupancy, he will install a secondary treatment to the existing septic system and, after a 90-day
period of review by the Department of Public Health and Environment and WCSO,a further increase
to 500 may be granted by Board of County Commissioner Resolution. Mr. Barker stated Paragraph
C further provides for additional increases and the manner in which they would be approved. He
emphasized that any change in occupancy would have to be by Board of County Commissioner
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review. Mr. Barker stated Pam Smith, Department of Public Health and Environment,will address
paragraph D, and paragraph E requires a secure barrier to separate minors from adults to help
address the problem of serving liquor to minors. He stated since a secure barrier will be installed,
building permits will be required. Mr. Barker stated paragraph F discusses the appropriate TIPS
training and requirement for each employee to be trained;including the provision that the facility may
host TIPS training as a service to the community to enable employees of other licensed premises
to obtain certification. Mr. Barker stated the fence required in paragraph G for screening the trash
receptacles has already been installed, paragraph H deals with lighting and security guards forthe
parking lot, and paragraph I limits the use of the dance hall to Thursday, Friday, Saturday, and
Sunday evenings, Mr. Barker stated Ruben Rodriquez, licensee;Gene Tardy, licensee's attorney;
Stan Peek,attorney representing the interests of Weld County;the WCSO;and Mr. Barker have all
agreed to the stipulated conditions.
Responding to Commissioner Geile regarding the impact on traffic, Mr. Barker stated he did discuss
the increased occupancy limit with Les Wiemers,WCSO,who is satisfied the traffic plan has been
working well and will continue to do so;however,any increase in numbers will also include concerns
about traffic, with a sign-off by the WCSO that the traffic can support the increased numbers.
Commissioner Jerke suggested that, although the intent of paragraph A is to encourage calls, the
volume of calls would still seem to be a basis for revocation;therefore, he would ask that paragraph
A be revised to state,"the number of calls shall not be the sole basis for revocation". He suggested
in that manner, other things besides the volume of calls would have to be considered.
Commissioner Jerke also questioned whether the Thursday through Sunday dates will be sufficient,
or whether the Licensee would rather list certain holidays on which he would be open for business.
Mr. Barker stated previously a different licensed facility which had been limited to certain days,
brought a request to the Board to allow them to operate on New Year's Eve,and the Board dealt with
those requests on a one-at-a-time basis. Responding to Commissioner Vaad regarding paragraph
E, Mr. Barker stated the intent is that no minors will be served on the property; however, Mr.
Rodriquez offered the secure barrier as one of the steps to help him accomplish that goal. Mr.
Barker stated the requirement that minors not be served is always present, especially if the
specified changes do not occur. Responding to Chair Masden regarding the term"Licensee", Mr.
Barker stated under the Colorado Liquor Code,the term includes the owner of the business or any
employees or agents. He stated the language could be added to clarify that meaning. Regarding
paragraph B, Mr. Barker stated if the security company is not working out, or is not adequately
providing security,a new company would be selected. He stated security would always be required;
however, this gives the Licensee the ability to change companies, if necessary. Chair Masden
stated he is concerned about the use of the word "shall" in paragraph C, instead of"may" when
discussing the increased numbers. Mr. Tardy stated he has no problem with that change.
Commissioner Geile stated the term is used several times, and he requested each sentence to
state,"If there are no concerns by Church and Associates or the WCSO, the occupancy level may
be increased to. . ." Mr. Barker suggested changing the second to last sentence of paragraph C to
state, "Each increase must first be approved by resolution of the board of County Commissioners
prior to becoming effective."
Mr. Barker advised Chair Masden that the Deputy Clerk to the Board,who is also a Notary Public,
will swear in each individual wishing to testify.
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Margie Martinez, Undersheriff,stated she knew of the previous meetings held among the Licensee,
his attorney, and various County staff, during which they have been working through issues and
problems to find a workable solution on all sides. Responding to Commissioner Geile regarding the
traffic impact at the current occupancy of 350, Ms. Martinez stated she personally observed the
traffic on New Year's Eve, at which time she observed no serious problems. She stated the traffic
flow pattern has been established out of the parking lot, south approximately one block on the
Frontage Road to enter Highway 85 at a traffic light instead of crossing two lanes of traffic onto the
highway. Responding to Commissioner Geile, Ms. Martinez stated she does not have statistics to
indicate any increase in accidents at the traffic light or going either north or south on Highway 85.
Responding to Commissioner Jerke, Ms. Martinez stated it is not possible to provide a secure
barrier to separate minors from adults, because the actual barrier will not preclude individuals who
want alcohol to get alcohol. She further stated it will take work on both sides to ensure that does
not occur;however, if individuals were to leave the facility out the back door and meet in the parking
lot to pass liquor to minors, it is really outside the purview of the establishment. She reiterated that
both parties will need to work diligently to avoid that happening,and indicated that something other
than a rope barrier would certainly help separate minors and adults more completely. Responding
further to Commissioner Jerke, Ms. Martinez stated the barrier has not yet been constructed,
although the goal is to make the establishment successful. She also discussed the type of calls
being more important than the number of calls, and the importance of ensuring the facility is only
required to be responsible for those types of calls that fall within its purview. She stated the facility
can control excess drinking; however, someone bringing in a drug cannot be held against the
establishment. Ms. Martinez stated that individuals who decide to create a problem are not the
responsibility of the establishment if everything has been done to control the premises. She also
stated that one thing that has not specifically been addressed is the opportunities for the WCSO to
do bar checks, and she stated that if there are 450 or500 individuals allowed inside,the number of
people would compel the WCSO to do more bar checks throughout the evening than a lower
number would require. She stated that, as the number went up, so would the number of bar
checks. Commissioner Geile stated his concern is that,with the WCSO having limited resources,
the renewal of this premise, along with any increase in numbers of occupants, would transfer the
burden of calls onto the Town of Fort Lupton. Ms. Martinez responded that bar checks are part of
the normal business of the WCSO; however, if a fight were to develop, the Fort Lupton Police
Department,along with Brighton and Adams County would be asked for assistance. At the request
of Commissioner Vaad, Ms. Martinez discussed Mutual Aid requests, how that can be monitored,
and law enforcement services accounted for, although she indicated the municipalities would be
more likely to keep track of those numbers. She stated the Mutual Aid is by State statute, not by
separate agreements between entities. Ms. Martinez stated if Fort Lupton were to go to the facility
on its own without being requested, it would not be covered against liability issues or costs of
providing the services; however, if assistance is requested by the WCSO,the actions of the Town
employees are covered. Commissioner Long indicated the record shows incidents prior to
January 1, 2004, and Ms. Martinez states she does not have firsthand knowledge of any incidents
after that date.
Responding to Mr. Peek regarding the number of calls not being the sole basis for non-renewal, Ms.
Martinez stated the WCSO is comfortable that the Licensee will call if there are incidents, as the
conditions are currently worded. She stated that the Licensee does have control over some types
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of calls; however, she cautioned that there are many types of calls, and the Licensee is not
responsible for those over which he has no control. Responding further to Mr. Peek, Ms. Martinez
stated a large increase in the number of calls would cause concern; however, the number would
not be the sole concern, rather the type of call would be the cause of concern. Commissioner Geile
clarified that the information provided by law enforcement agencies regarding renewal of licenses,
pursuant to Section 12-2-40 of the Weld County Code,does include traffic as a reason not to renew
a liquor license,especially if it affects the health,safety,and welfare of the neighborhood. Mr. Peek
replied that in his opinion and in Mr. Barker's opinion, that does still apply. He stated they were
attempting to provide extra conditions that might not be required by law;however,they did not want
to create a situation which, through the receipt of numerous calls or an increased number of calls
to the WCSO,would be used against the Licensee at the next renewal hearing. Mr. Barker indicated
the distinction in the Section referred to by Commissioner Geile, which states it ". . . adversely
affects the public health,welfare,or safety of the immediate neighborhood. . ."is qualified by the next
part, which states, "Which evidence must include a continuing pattern of fights, violent activity or
disorderly conduct." Mr. Barker stated it may apply to some traffic problems; however, not simply
the volume of traffic. Commissioner Geile reiterated traffic patterns and issues do need to be
matters of consideration, as they relate to the health, safety, or welfare of the people in the area.
Mr. Barker stated that,with the Board giving consideration to the increase in the number of people
at the facility;they can look at traffic concerns in that decision, rather than in the renewal process.
Mr. Peek reiterated the process was essentially to solve a number of concerns by the WCSO and
Department of Public Health and Environment, and as they worked through each concern and
added stipulations,the Licensee,upon approval,would be required to do more than what he would
be required to do if granted renewal without the stipulations.
Responding to Gene Tardy,attorney for Ruben Rodriquez, Ms. Martinez stated she does not know
of a particular instance in which Fort Lupton has been asked to provide Mutual Aid;and the routine
bar checks are considered to be the ordinary course of business, since the relationship between
the facility and the WCSO, determines how smoothly things run. She stated, in response to
questions from Mr. Tardy, that the WCSO has continued to do bar checks since January and,
although the number of calls play a part, the type of call is the determining factor in whether the
Licensee is in control of the facility. She stated she is not aware of any statistics regarding
accidents at the nearby intersection, and the State Patrol would handle any fatalities. She stated
the best an operator can do is try, in every reasonable means, to keep someone from violating the
law. Ms. Martinez stated she does not have firsthand knowledge regarding the barrier; however,she
recognizes a rope barrier would not be adequate to keep adults and minors separated. Ms. Martinez
stated the majority of other licensed facilities in Weld County do not allow minors in the
establishment,therefore, no arrangements have been made to deal with separation. Responding
further to Mr. Tardy, Ms. Martinez stated the traffic plan has been in place since the license was
originally granted. Responding to CommissionerJerke, Ms. Martinez stated that law enforcement,
by doing frequentwalk-through inspections,establishes a good relationship with the employers,and
the deputies begin to recognize the regular patrons, who then build a trust that may, at some point
in time,share information about other things that are going on in an environment outside of the bar.
Pam Smith, Department of Public Health and Environment,stated the existing Temporary Certificate
of Occupancy limits the dance hall to 350 per night, although 158 meals are allowed to be served
per day. She stated the Licensee has requested an increase to the occupancy on an incremental
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level;however,the schedule she looked at shows incremental increases to occupancy and number
of meals served per day. In response to a question earlier today, Ms. Smith stated that Mr.
Rodriquez stated he is currently serving approximately 50 meals per day. She stated the
incremental increases proposed were 450 occupancy to 70 meals,and 500 occupancy to 80 meals.
She stated paragraph C only talks about the occupancy of the bar,and it states nothing about meals
being served. Ms. Smith requested something be added to address the number of meals service
and ensure it is consistent. She stated the assessment from Church and Associates, the
Licensee's engineer,which indicates at this time,the septic system can handle 450 people per day;
however, it recommends the number of meals be decreased to 80, from 158. Ms. Smith stated
Trevor Jiricek asked her to emphasize that when discussing the secondary treatment to the septic
system it has been because the absorption field is under asphalt, and the secondary treatment is
being requested only to compensate for the lack of oxygen the system is not receiving because of
being located under asphalt. Mr. Jiricek indicated to her that the system is adequately sized, and
the Licensee has not been required to remove the asphalt; however, the septic system should be
treated to compensate for the lack of oxygen. Ms. Smith further stated that in the Church and
Associates assessment dated July 9,2004,one recommendation is to remove the asphalt, although
she is not sure what other treatment changes will be done. She stated several of the other changes
may suffice as a secondary treatment, such as ventilation ports. Ms. Smith stated staff has
recommended the engineer's recommendation be followed. She requested a sentence be added
that states, "The maximum number of meals served per day shall be limited to 80", based on the
engineer's assessment. Responding to Commissioner Geile, Ms. Smith stated she is talking about
the total number of meals served in the facility,with no differentiation between the dance hall and
restaurant area.
Regarding paragraph D, Ms.Smith stated Mr.Jiricek requested the statement be revised to require
the Licensee to, at all times, comply with the Colorado Primary Drinking Water Regulations. She
explained that in 2003 when the Licensee received a temporary permit from the State Health
Department to operate for a weekend in April, it was conditional upon eight items. Ms. Smith stated
that serving bottled water for consumption was the first condition, bagged ice was required as the
second condition, and posted signs regarding the water system restrictions was the sixth condition.
Ms. Smith further explained that on April 18,2003, Mr. Rodriquez received State approval to operate
as a potable water system. She stated the facility was designated as a transient non-community
water supply; and a condition of that approval required submittal of more analysis; however, the
restriction regarding bottled water for consumption was no longer required. On October20, 2003,
Mr. Rodriquez received a compliance advisory notice, for failure to comply with the nitrates level;
however,the State Health Department has since changed its drinking water standards, and it now
allows for the discretionary ability to allow nitrates to be greater than 10 milligrams per liter, but less
than 20 milligrams per liter for non-community systems. Therefore, Ms. Smith recommended
paragraph D be modified to say, "The licensee shall at all times maintain compliance with the
Colorado Primary Drinking Water Regulations." She stated that State Health officials are working
on procedures internally, as to how to make the rule apply to specific facilities. Responding to Chair
Masden, Ms. Smith stated the new regulation went into effect approximately six weeks ago,and Mr.
Barker stated he discussed it with Mr. Jiricek in April. Responding to Mr. Tardy, Ms. Smith stated
that Mr. Rodriquez informed her this morning that he still plans to serve bottled water. Chair Masden
clarified the wording being requested for paragraph D, and Ms. Smith requested a sentence be
added to limit total meals served to 80. (Changed to Tape#2004-32.) Mr. Barker stated the first line
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of paragraph C should state, "Upon renewal, the occupancy level in the dance hall portion of the
licensed premises shall be increased to 450 occupants." He also stated the number of seats in the
restaurant should be specified at 60 seats. Mr.Tardy indicated no concern with specifying 80 meals
total, as long as the requirement that 25 percent of the income be derived from serving food is not
in jeopardy. He also requested that Mr. Rodriquez be allowed to request from the Board an
increased number, if the septic system proves out at higher levels.
Mr. Tardy presented several documents from the Colorado Department of Public Health and
Environment discussed by Ms. Smith, marked Exhibit G; a report from Church and Associates
dated July 29, 2004, marked Exhibit H; Confirmation of training classes for employees from the
Colorado Liquor Enforcement Division, marked Exhibit I; a series of 12 photos, marked Exhibit J;
and a proposal from Rayo Electric to install two post lights for the parking lot,with two fixtures each,
marked Exhibit K. Mr. Tardy requested permission to address the Board in an offer of proof to
expedite the proceedings, and stated that State Representative Val Vigil, Business Accountant, is
available to testify regarding compliance with the hotel/restaurant license sales requirements and
to demonstrate food sales are over 25 percent of the gross sales of the business. Mr.Tardy stated
he would also testify with regards to the general accounting and business practices of La Maravilla.
Referring to the numerous questions from the Board regarding the involvement of the Fort Lupton
Police Department, Mr. Tardy stated the Chief of Police, David Garner, is present, and will testify
that,while his department is aware of the bar, it does not create any undue burden on his force, nor
is there any documented evidence that the presence of the bar creates any difficulty for the City of
Fort Lupton. Regarding the competency of the security company, Mr. Tardy stated three names
have been submitted to the WCSO for review, and a new security business is in place and is
presently building its rapport with the WCSO. He stated the parking space for law enforcement has
already been designated;the trash facility has been completely enclosed; bids have been received
to increase lighting in the parking lot; the Licensee has agreed to limit meals to 80 meals per day;
the water nitrate level is no longer an issue of concern of this Board because of the change in State
regulations; and the septic system is no longer an issue, considering the Church and Associates
report, which recommends the removal of asphalt, scarfing the dirt, and planting vegetation. Mr.
Tardy stated Daivd Reitz, former Director of the Colorado Liquor Enforcement Division, is also
available to testify regarding his observations of the licensed premises;that no intentional acts or
negligent acts have been observed which will result in on-going violations by the Licensee; and that
the Licensee has exerted specific effort to comply with the liquor code and local regulations. Mr.
Tardy stated Mr. Reitz, who is under contract to the Licensee, will also testify that he will be
performing intermittent examinations at the facility to make recommendaitons to better the
operations where and when possible. Concerning traffic, Mr.Tardy stated there is no evidence that
the operation has created any type of traffic concern; and it certainly has not resulted in any
demonstrable increase in accidents or problems for the health, safety, and welfare of the
neighborhood. Mr. Tardy stated the "stepped" approach to increasing the occupancy allows the
County Department of Public Health and Environment and the WCSO to review each step of
increased occupancy, and at each interval the Board of County Commissioners would receive
information from those two agencies to either approve or deny each increase. Responding to
Commissioner Geile, Mr. Tardy stated the fire department capacity limit for the facility is 752.
Responding to Commissioner Long, Mr.Tardy stated the hotel and restaurant license requires a full
service kitchen, plus snacks, to be served during all hours the facility is open. He stated that 80
meals are currently being served, based on the function of the septic system. He stated the
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Licensee is planning to change the system, following all of the Church and Associates
recommendations,whereupon,the system will become more efficient,and the Licensee will request
an increase as appropriate.
Jerry Garner, Chief of Police for Fort Lupton,testified as to his background of over 30 years in law
enforcement, and stated he had previously discussed with Mr. Tardy the effect of La Maravilla on
Fort Lupton resources, stating that there was no marked increase on the Police Department. Chief
Garner stated there is some effect on his department, since they are occasionally called upon to
assist the WCSO. Chief Garner stated his department has been dispatched to the bar a handful
of times this year, through Mutual Aid requests, for calls such as a burglar alarm, an accident
nearby, with no deputy immediately available, and a victim of domestic assault which occurred at
La Maravilla where the victim went to the Police Department. Chief Garner stated there are more
than ten liquor licensed facilities in Fort Lupton;however, it is not in his jurisdiction. Responding to
Commissioner Jerke regarding a letter dated July 28, 2004, to the Board from Rosalie Emerson
concerning an incident in April of this year at which time she felt threatened by Mr. Rodriquez
because of a message left on her answering machine, Chief Garner stated he did talk to Ms.
Emerson; however, he did not remember whether or not he listened to the tape. Responding to Mr.
Tardy, Chief Garner stated he did not know whether or not it was Mr. Rodriquez on the tape.
David Rietz reviewed his background in liquor enforcement, and stated he assisted in drafting the
rules and regulations of the State. Therefore, Mr. Tardy requested he be qualified as an expert
witness. No objection was received. Mr. Rietz stated he reviewed the facility and found that the
establishment was operated in very responsible manner. He stated that conclusion was reached
through his observations at the club and through conversation with Mr. Rodriquez,at which time he
had offered suggestions which were then implemented by Mr. Rodriquez. Mr. Reitz stated he has
observed that Mr. Rodriquez works hard to comply with the Liquor Code and to ensure his
establishment follows the rules and regulations. Responding to Commissioner Jerke, Mr. Rietz
stated the rope used to separate minors from adults was in place, and an additional barrier had
already been recommended by the local field officers. He stated he did not see any violations occur;
however, he had concerns in that area and he advised Mr. Rodriquez of those concerns. Mr. Rietz
stated his site visit was approximately six weeks ago. Responding to Chair Masden, Mr. Rietz
stated he has not seen what constitutes the new barrier; however, after it is installed, he will offer
feedback. He stated Mr. Rodriquez will also receive feedback from the WCSO. Responding to
Chair Masden, Mr. Barker stated the TIPS program has been changed, and it now allows
responsible vendors to provide the training. Mr. Rietz stated the State requires preliminary
certification standards of all employees every two years within 60 days of employment, and the
training covers all applicable laws,and is four hours in duration per employee. Mr.Tardy presented
a series of photos, marked Exhibit L, showing the establishment. Mr. Tardy clarified for
Commissioner Geile that the property is titled to Ruben Rodriquez,and that he is the sole owner and
director of RJML, LLC, dba La Maravilla Restaurant. He stated the papers for the corporate
structure were filed September 26, 2000, and the structure has not changed since that time. He
stated Mr. Rodriquez became the owner of the property in June of 2003, and there are no other
officers or investors listed in the corporation.
Mr. Tardy challenged the testimony of David Norcross, Mayor of the City of Fort Lupton, on behalf
of the City of Fort Lupton, in absence of any mandate to do so. Mr. Norcross stated he would testify
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for himself, as a citizen of the County, and resident of Fort Lupton. Mr. Norcross stated traffic on
the north end of town is his biggest concern. He stated directions are given to patrons after certain
hours, pursuant to the traffic agreement,which directs them into the City of Fort Lupton. City limits
begin north of Weld County Road 14.5, or 15th Street and Denver Avenue. Mr. Norcross stated it
is very difficult to tell whether any problems in Fort Lupton or any accidents within the City limits
involve patrons from La Maravilla. He stated the statistics are not available because the City is in
the process of changing from the Adams County Communications Center to the Weld County
Regional Communications Center; because of its problem receiving data. Mr. Norcross indicated
the State Patrol handles accidents and should be present to discuss the statistics. Responding to
Commissioner Geile, Mr. Norcross stated he has specific knowledge of one accident at that
intersection;however, he does not have the State Patrol report available at this time. Responding
to cross-examination from Mr. Tardy, Mr. Norcross stated he does not have information with him
to indicate any problems with patrons from La Maravilla.
Norma Taylor, resident of Fort Lupton, complimented those involved in the stipulated agreement;
however, she was uncertain whether the other stipulations or conditions placed on the facility would
remain in place. Mr. Barker requested Ms. Taylor to phrase her questions to the Board. He
responded to her that any time she knows the stipulated conditions are not being met, she should
contact either himself or the WCSO with facts regarding that knowledge. She may also contact Mr.
Rodriquez directly. Responding to Ms.Taylor, Mr. Barker stated questions regarding the installation
of signs, a need for a building permit or enforcement of building permit issues should be brought to
the attention of the Department of Planning Services. Ms.Taylor stated she lives on Weld County
Road 16, and her free use of the road is being restricted by the agreement. She stated she cannot
drive west on the road and make a right hand turn onto Highway 85, which is the route she needs
to use to get to her children's home. She stated she is directed to go south to the light and the
return to the north. Responding to Chair Masden, Mr. Tardy stated traffic control on Weld County
Road 16 at Highway 85 commences at 12:45 a.m. and ends at approximately 2:15 a.m. He stated
the parking and traffic agreement was made with this Board as part of the original license and it has
not changed, therefore, it was not addressed. Under objection by Mr.Tardy, Ms. Taylor stated the
Board is under oath to uphold the rules and laws of Weld County and to protect the health, safety,
and welfare of its citizens, and the Board is not currently fulfilling its function in this matter.
Richard Halley, adjacent landowner, stated he lives east on Weld County Road 16. He stated his
concerns about the current noise level, and stated the increased numbers will only increase the
noise level. Mr. Halley stated when the facility first opened he filed a complaint; however,the WCSO
said they could not do anything about it,therefore, it is still a huge problem for him. He stated traffic
is a concern, and he stated there was one instance of a traffic accident on Highway 85, which
caused traffic to divert into his yard. Mr. Halley stated the septic system is his main concern;
however, that appears to be at a stopping point. Responding to Commissioner Geile, Mr. Halley
stated the noise is because of the music from the dance hall, although he does hear traffic noise.
Responding to Mr.Tardy, he stated he lives approximately four-tenths of a mile east of the facility,
and he has not personally talked to Mr. Rodriquez about the noise. Responding to Chair Masden,
Mr. Barker stated there are statutory limitations for noise, and any instances of loud noise should
be reported to the Department of Public Health and Environment. Mr. Barker stated the Health
Department would evaluate the problem and take readings at the appropriate distances to see if
there is a violation.
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Rosalie Everson, resident of Fort Lupton,stated she called and asked Mr. Barker whether she could
submit the tape recording from her answering machine; however, he said no. Mr.Tardy stated the
tape is not relevant,since it is not on notice concerning this hearing and it does not reflect anything
unlawful, illegal, immoral,nor on the operation of the licensed establishment. Mr. Barker suggested
that Ms. Everson submit the tape to the Police Department if she felt threatened; however, that is
not part of this hearing, especially in view of the stipulated agreement.
Jerry Garner, Chief of Police for Fort Lupton,stated he is concerned about increasing the numbers
at the facility. He stated he is concerned about the 450; however, the potential for 600 really
concerns him, mainly because of the very limited number of law enforcement resources in south
Weld County. He stated that, depending on shift and schedule, there may only be a couple of
deputies,or there may be five or six;however,if a large-scale disturbance occurred at any bar,there
would be no way in which a few officers could control the situation. He stated Mutual Aid is
available; however, a disturbance at a nightclub with a large number of people would not be a
situation where something bad would already happen before enough police force could respond to
the location. Responding to Commissioner Geile, Chief Garner stated the only instance the
character of the applicant may come into question would be the instance in which Ms. Everson
reported she felt threatened by him. Mr.Tardy objected,stating the character of the applicant is not
under question. Mr. Peek stated the intent of the incremental increases allowed by the stipulated
agreement is that, if any problems were noted which occur because of the increased numbers,the
Chief would contact the WCSO sheriff, which would then bring to the attention of the Board.
Ronald Wright, Director of Union Colony Security,stated he worked for Mr. Rodriquez for the past
two years. Commissioner Geile questioned whether Mr. Wright's testimony is appropriate, since
he was not called by Mr. Tardy.
Mr. Barker stated Mr. Wright could testify as a member of the public and concerning security
matters which occurred at the facility, of which he had first-hand knowledge; however, Mr. Tardy
could cross examine that testimony.
Responding to Chair Masden, Mr.Wright stated since the Board subpoenaed his records regarding
incidents at the facility, his employment with Mr. Rodriquez was terminated. He stated the records
from his officers eye witness testimony have not been brought up; however, because of that, he is
no longer employed. Mr. Wright stated he constantly worked with Mr. Rodriquez and his brother,
Luis,to comply with the proposed paragraph A, informing them that calls for assistance are not held
against the business. He stated his employees were told by Mr. Rodriquez and his brother to either
do as they were told or leave. Mr. Wright stated the head of security and one assistant took two
male juveniles outside, told them to fight, and get it out of their system, then brought them back
inside to clean them up. When one of the guards approached them about it, he was told to leave
the property, and that his services were no longer needed. Mr. Wright stated the Stipulation
Agreement is a good start, although he feels some modification is needed, and there is no reason
to believe Mr. Rodriquez will comply with it. Responding to CommissionerJerke, Mr.Wright stated
the rope barrier is not adequate to separate the minors from adults; however, he did not suggest a
more permanent barrier. Mr.Wright stated he discussed it with the management and increased the
security personnel on the juvenile side,which did help cut down on the numberofjuveniles drinking.
Mr. Peek reiterated that Mr. Rodriquez and others in his employ seemed reluctant to report crimes
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to the WCSO; however, the intent is to ensure it will not hurt his renewal chances to report those
crimes. Mr. Wright stated he should have been told that when he opened his business.
Mr. Wright, through cross examination by Mr. Tardy, stated after the last hearing he asked the
outcome at that point and was told he would no longer be working there; and that the reports were
never turned over to the Licensee, although he discussed 90 percent of those incidents with Mr.
Rodriquez.
Houston Cannon,former security guard at the facility,stated he mentioned to several individuals in
the past that the barrier was inadequate. He also stated the adults are allowed to sit on the minor
side, as well as order drinks to be served on the minor side. One of the duties of the guards was
to ensure when an adult got up to dance, their drinks were not taken by minors. He stated if there
is a barrier between adults and minors, it needs to do its job and separate them.
Chair Masden closed public testimony.
(Clerk's note: Chair Masden recessed the meeting to reconvene in the Department of Planning
Services Conference Room.)
Upon reconvening, Mr. Barker suggested each paragraph be discussed individually. Mr. Barker
stated a revision was requested for paragraph A, regarding the term Licensee. Mr.Tardy stated the
term is not defined in the Liquor Code; however, he would define it to include the principles of the
corporation, management, all employees, all security staff, and anyone operating on behalf of the
Licensee in the interests of the license. Mr. Barker suggested paragraph A be modified to begin,
"The licensee (which term includes the Licensee, its employees and agents) shall . . ." He stated
it was also requested the term "sole basis for revocation" be added; however, he suggested the
number of calls under the Liquor Code and rules are never an item for either renewal or revocation.
He stated that,even in combination with any instance occurring, one would look at facts, not simply
at numbers. Mr. Peek agreed with Mr. Barker; however, the Board may like to add a sentence to
state, "The Board shall not be constrained from considering the nature of a pattern of calls, the
number notwithstanding." After discussion, the Board concurred to the addition.
Mr. Barker stated there are no suggested changes to paragraph B. Regarding paragraph C he
suggested the first sentence be modified to read,"Upon renewal,the occupancy level in the dance
hall portion of the licensed premises shall be increased to 450 occupants." He stated a suggestion
was also made that the term "shall" in the sixth and seventh sentences be changed to"may". He
also suggested the ninth sentence read,"Each increase must first be approved by resolution of the
Board of County Commissioners prior to becoming effective." He also stated Ms. Smith's request
that the number of meals remain the same could be included here with a reference at the end of the
section back to the resolution which approves the Certificate of Occupancy, which also has other
conditions, concerning total seating capacity, number of meals served, hours of operation, use of
paper plats by the restaurant, and compliance with water regulations. Mr. Barker recommended a
sentence be added at the end of paragraph C, to read, "Applicable limits on the number of meals
served, restaurant hours of operation, and restaurant methods of service shall comply with the
requirements set forth in the Board of County Commissioners Resolution #2004-2245, dated of
even date herewith." Mr. Tardy stated several concerns because the State Liquor Code requires
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meals to be served until at least 8:00 p.m. Additionally,the Licensee feels it is prudent to continue
to serve meals, particularly on Friday, Saturday, and Sunday as part of the buffet so that food is
available with drinks. Therefore,he requested the language indicate menu service through 8:00 p.m
and buffet-style service available after that time. Mr. Barker suggested an addition to the resolution
regarding the Certificate of Occupancy,to read as follows,"Buffet service shall be maintained during
all hours of operation." Mr.Tardy requested it to read"may be maintained"so that it would not have
to be available during the hours menu service is being provided.
Regarding paragraph D, Mr. Barker requested comments regarding bottled water. Mr.Tardy stated
the language in the stipulated agreement is what was proposed by Ms. Smith earlier. Mr. Peek
agreed and clarified the wording to state, "The Licensee shall at all times be in compliance with the
Colorado Primary Drinking Water Regulations." He stated adding anything about bottled water
would create more problems, since the Licensee can do something else to comply. Chair Masden
stated the Board concurs with those changes.
Regarding paragraph E,the Board concurred that the second sentence regarding the secure barrier
should remain. In paragraph F, Mr. Barker recommended changing the language to read,
"Responsible vendor training" instead of"TIPS training" in all instances. Mr. Barker stated that is
the conclusion of any changes he had. Commissioner Jerke asked whether the Licensee would
rather list specific dates to be opened when holidays occur on other days of the week. Mr. Tardy
suggested language to reflect the facility may be open on all legal holidays. Mr. Barker suggested,
"The Licensee agrees to limit use of the dance hall to Thursday, Friday, Saturday and Sunday
evenings,and all legal holidays as recognized by the State of Colorado." Mr.Tardy also requested
May 5th and September 16th, which are holidays not generally celebrated on the Caucasian
calendar. The Board concurred to those additions.
Mr. Peek stated paragraph C needs one more change,and recommended the sixth sentence read,
"If there are no concerns by Church and Associates orthe Weld County Sheriff,the occupancy level
may be increased to 550 occupants." Commissioner Geile stated that needs to be clear that those
incremental increases are by resolution of the Board of County Commissioners, which Mr. Peek
indicated is stated further down in the paragraph. With all parties concurring, the Board agreed.
Mr. Barker stated the stipulated conditions for the renewal of the license would be appropriate in the
resolution which renews the Liquor License; the resolution which approves the final Certificate of
Occupancy would have conditions as stated; and both the Certificate of Occupancy and Dance Hall
resolutions should refer to the numbers set forth in paragraph C of the stipulated agreement. Mr.
Barker stated the only other restriction on the Dance Hall is the timing, which is recommended to
expire on December 31, 2004.
Responding to Commissioner Geile regarding the noise complaint from an adjacent landowner, Mr.
Rodriquez stated he will purchase the equipment necessary to measure the decibels, in order to
monitor noise levels. He stated if there is too much noise, he will turn the music down. Mr.
Rodriquez stated he will work with the property owner to insure there is no longer a problem.
Responding to Commissioner Long, he stated the noise level is a problem not only from the music,
but also outside in the parking lot. Mr. Tardy stated Mr. Rodriquez will control the noise on the
property,to the extent he can practically do so. Responding to Commissioner Geile, Mr. Rodriquez
stated the barrier he has planned is a double rope with lights in the middle running from the east side
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of the building from the stage all the way to the door which separates the minors from the adults.
He stated it will look like a small wall but it will not interfere with the Fire Department. Responding
further to Commissioner Geile, Mr. Tardy stated it will be up to the security guards to insure there
is no problem, and he indicated there is some mixing of adults since some individuals over 21 do
want to dance with those under 21. He stated the barrier should not effect the ambience of the club
or the safety of security guards; however, it should assist in the monitoring and control of alcohol.
He stated security people will be at either end of the rope barrier,whose job it will be to ensure that
alcohol does not cross the rope barrier. Mr. Tardy further stated no alcohol is permitted on the
dance floor, so it helps create a second barrier to separate the alcohol from the minor's portion of
the club. Commissioner Long questioned whether a full wall, such as was used at Club Romance
in Eaton,would be more appropriate to separate the adults and minors. Mr. Rodriquez stated the
wall creates a problem for the Fire Department; however, it also kills the business if adults are not
allowed on the minor's side. He further stated it was necessary because there was no sprinkler
system in the Club Romance and it also solved the occupancy problem. Commissioner Jerke
expressed his concern regarding the mixing of minors and adults, especially knowing adults are
allowed to carry alcohol into the area where minors are sitting. Mr. Rodriquez stated he tried for a
period of two weeks to not allow alcohol in the area of the minors; however, a lot of people were
leaving and it was detrimental to his business. He stated his priority is serving minors and people
drinking too much, and he stated more security has been added to that side to alleviate the problem.
Responding further to CommissionerJerke, Mr. Rodriquez stated there are two sets of restrooms;
however, people do cross to the other side. Responding to Commissioner Geile, Mr. Rodriquez
stated the function of the dance hall is to dance and, although there are dance contests at time,
people come simply to dance. Chair Masden expressed his concern regarding the barrier,which
does not appear to be much more secure than before. Mr. Tardy stated the purpose of the barrier
is to prevent free movement of people between the two areas. Responding further to Chair Masden,
he stated there is no place possible for people to cross over without being obvious about it.
Commissioner Jerke stated greater problems might be achieved with a complete wall; however, a
building permit for the barrier would ensure the structure would not be flimsy and it would have to
pass muster with the Fire Department. Mr. Barker stated he tried to be flexible when discussing the
secure barrier separating the two groups,as permitted by the Weld County Building Code,therefore,
he believes that option is covered. Regarding Chair Masden's query regarding time frame for
installing the barrier, Mr. Tardy stated Mr. Rodriquez will begin working on it by tomorrow.
Responding to Commissioner Vaad, Mr. Barker rehearsed the steps the Board would need to take
regarding the three items under discussion,which will require three motions. He recommended the
Certificate of Occupancy be issued,with six conditions. Mr. Barker stated the second motion would
be to renew the liquor license, incorporating the stipulated agreement into the resolution, and the
third motion would be to grant the dance hall license through December 31,2004,with the condition
regarding the occupancy of the dance hall referring back to the Certificate of Occupancy, which
refers back to the stipulated conditions in the liquor license. Commissioner Geile stated his findings,
which include the stipulated agreement and conditions, appear to deal with occupancy, which is
limited to 752 by the Fire Department; the quality of the septic system will be resolved; the water
issues will be resolved; occupancy will be increased to 450, allowing a period of review; a new
security company has been hired with input from the WCSO; and traffic and safety are being dealt
with by the stipulated agreement. He stated there will be an opportunity to review the health,safety,
and welfare issues in the future. Commissioner Vaad stated the consumption of alcohol is
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accepted by society as part of normal entertainment,and he does not feel it right to pre-judge people
for that. He stated the Board has listed its problems and concerns, and communicated its
expectations, and the stipulations and conditions will help meet the expected requirements.
Commissioner Long stated he will support the three resolutions; however, he does have
reservations. He stated the sewer and water issues concern the Certificate of Occupancy,which
is separate from the liquor license. He stated when the facility was first opened, he was under the
impression the types of calls would be revisited to ascertain the Board's vigilance in insuring that
minors are not served alcohol. He stated he will look at these stipulations in the future to insure they
are being followed and the health, safety and welfare of the citizens of Weld County is being
maintained. CommissionerJerke stated he does not believe the concept of separating minors and
adults will ever work, because there is too much potential for passing alcohol to minors. He stated
that he has tried to make suggestions to improve the stipulated agreements, however, he cannot
believe the concept will work since the kids and adults are allowed to dance together and mix in
restrooms. He stated there is no other facility in Weld County with a septic system that is in such
bad shape that the number of meals and dinnerware are restricted. (Changed to Tape#2004-33.)
Commissioner Jerke stated the applicant should have had a secure barrier in place months ago,
and a rope barrier will not work. He stated the basic concept of the business itself is untenable and
impossible to combine the youth and adults.
Chair Masden stated the stipulations solve the problems,and the Licensee will now be required to
call the WCSO for incidents that occur. He said the change in the security company to one the
WCSO recommends is of benefit. Chair Masden said the occupancy level is his main concern, and
he stated he still does not agree with the higher numbers of occupancy. He stated that, although
accident statistics are not available, he would rather be pro-active and avoid any increase in traffic
problems. Chair Masden also stated he is concerned that the barrier can be penetrated, leading to
mixing the minors and adults, therefore, he will not support approval.
Mr. Barker stated the key issue at this time is acceptance of the stipulated agreement. If it is the
desire of the Board not to renew the application, a hearing will need to be scheduled,with everyone
noticed regarding the specific items that will be considered. At that scheduled time,evidence and
testimony would be heard regarding the non-renewal of the license. Responding to Chair Masden,
Mr. Barker clarified that there are three motions that need to be made, and he suggested the order
of the resolutions should be as follows: First regarding the renewal; second, regarding the
permanent Certificate of Occupancy, with conditions; and third, the dance hall license.
Commissioner Geile stated his findings that the Fire Department has determined the safe limit for
occupancy is 752 individuals, the stipulated agreement mitigates major concerns, the water and
septic issues have been dealt with, and the safety as it relates to the traffic and security of the facility
is included in the stipulations. Therefore, Commissioner Geile moved to approve the renewal
application of the Hotel and Restaurant Liquor License, accepting the stipulated conditions as
presented by counsel and modified. Commissioner Vaad seconded the motion,which carried three
to two, with Commissioners Jerke and Masden opposed.
Commissioner Vaad moved to grant the Certificate of Occupancy with six Conditions as read
earlier, and incorporating the stipulated agreement. The motion was seconded by Commissioner
Geile, and it carried three to two with Commissioners Jerke and Masden opposed.
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Commissioner Long moved to approve the dance hall license,with the occupancy level to be held
at or below the number set forth in the stipulated agreement. Commissioner Vaad seconded the
motion, which carried three to two, with Commissioners Jerke and Masden opposed.
This Certification was approved on the 4th day of August, 2004.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
�I"•��` _ WELD COUNTY, COLORADO
P41EL/
�u //
Robert D. Masden, Chair
1861 nt lerk to the Board
� o William H. Je e, Pro-Tem
a. .uty Clerk to the Board
eile
TAPE #2004-32, 32, & 33
Davi E. Long
Glen aad
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EXHIBIT INVENTORY CONTROL SHEET
RENEWAL OF HOTEL AND RESTAURANT LIQUOR LICENSE - RJML, LLC DBA LA
MARAVILLA
Exhibit Submitted By Exhibit Description
A. Church and Associates Letter (10/14/04) re On-site Wastewater
System Assessment
B. Reuben Rodriquez Documentation submitted regarding
Temporary Certificate of Occupancy
C. Concerned Resident Anonymous letter dated 10/2003
D. Clerk to the Board Subpeona Duces Tecum , Ron Wright,
Union Colony Security
E. County Attorney Letter dated June 17, 2004 to Liquor
Enforcement Division
F. Rosalie Everson Letter dated July 28, 2004, in opposition
G. Gene Tardy, Attorney Documents from State Health Department
re: Nitrate levels
H. Gene Tardy, Attorney Report from Church &Associates, Inc.
07/29/04
I. Gene Tardy, Attorney Confirmation of employees TIPS training.
J. Gene Tardy, Attorney Series of 12 photographs of La Maravilla
K. Gene Tardy, Attorney Proposal for installation of lights in parking
lot
L. Gene Tardy, Attorney Series of approximately 44 photos of La
Maravilla, obtained during walk-through
M.
N.
O.
P.
Q.
R.
Hello