HomeMy WebLinkAbout20041117.tiff RESOLUTION
RE: ACTION OF BOARD CONCERNING HEARING TO DETERMINE WHETHER TO
RENEW HOTEL AND RESTAURANT LIQUOR LICENSE - RJML, LLC, DBA LA
MARAVILLA
WHEREAS,the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,the Board of County Commissioners,as the local liquor licensing authority for
Weld County,Colorado,pursuant to Section 12-47-302,C.R.S.,and Sections 12-2-30, 12-2-40 and
12-2-50,Weld County Code, may cause a hearing to be held on the application for renewal of any
liquor license previously issued by it to determine if good cause exists to refuse to renew said
license, and
WHEREAS,RJML,LLC,dba La Maravilla,presented to the Board of County Commissioners
of Weld County,Colorado,an application for the renewal of a Hotel and Restaurant Liquor License
Liquor License, for the sale of malt, vinous and spirituous liquors, and
WHEREAS, RJML, LLC,dba LaMaravilla,holds a Hotel and Restaurant Liquor License to
sell malt, vinous, and spirituous liquors, by the drink for consumption on the premises only, said
license being previously approved by the Board and expiring on March 10,2004,and an application
for the renewal for said license being received on or about February 3, 2004, and
WHEREAS,the matter of the renewal of said liquor license was heard by the Board on the
12th day of April, 2004, at which time the applicant was represented by Diane Goldenstein, and
WHEREAS,at said meeting,the Board of County Commissioners considered all documents
entered into the record,as well as oral testimony of those present, and deemed it advisable to set
a public hearing to determine if good cause exists to refuse the renewal of said license, in
accordance with the procedures of Sections 12-2-30, 12-2-40 and 12-2-50,Weld County Code,and
WHEREAS, at said meeting the Board determined that it found probable cause to believe
that the following factors set forth in Section 12-2-40 exist with respect to La Maravilla:
C. Evidence that the licensed premises has been operated in a manner that adversely
affects the public health,welfare or safety of the immediate neighborhood in which
the establishment is located,which evidence must include a pattern of fights,violent
activity or disorderly conduct.
Such evidence includes 16 criminal reports of activity and 5 other incidents occurring at La
Maravilla in the one-year period prior to February 13,2004,as referred to in a letter to Ruben
Rodriguez of the same date from Weld County Sheriff's Deputy Les Wiemers,said reports
and incidents including the following:
2004-1117
ee < g/9, 400/09 <-6 �� ApL � LC0044
RENEW LIQUOR LICENSE - LA MARAVILLA
PAGE 2
REPORT NO. DATE NATURE OF CALL.
03-6015 10/18/2003 Assault-Simple.
03-7147 12/26/2003 Assault-Simple.
04-10 01/03/2004 Assault-Simple.
04-382 01/25/2004 Assault-Simple.
03-5934 10/13/2003 Stolen Vehicle.
04-273 01/19/2004 Stolen Vehicle.
03-5932 10/12/2003 Theft-Auto Parts or Accessories.
03-6938 12/13/2003 Theft-Auto Parts or Accessories.
04-26 01/02/2004 Vandalism/Criminal Mischief.
03-6140 10/24/2003 Narcotic Drug Violation.
04-166 01/12/2004 Disorderly Conduct.
03-6964 12/14/2003 Misc. Non-Criminal Events.
03-5918 10/12/2003 Liquor Violation.
03-6141 10/25/2003 Vandalism/Criminal Mischief.
03-5794 10/05/2003 DUI Arrest (No Accident).
03-6717 12/01/2003 DUI at HWY 85/WCR 4. Patron from La
Maravilla.
04-54 01/04.2004 Fight inside La Maravilla. Two females cited
for disorderly conduct.
04-631 02-08-2004 Disorderly Conduct.
2 incidents of having capacity over 350 on 11/29/2003 and 01-25-2004.
1 incident with an encounter between a Sheriff's deputy and 5 visibly intoxicated patrons on
10/03/2003.
On 01/18/2004, 1 report from Fort Lupton Police Department of a dance contest where
adults as well as minors were competing against one another and the contestants
were allowed to strip naked,as reported to Fort Lupton PD by a La Maravilla patron.
2004-1117
LC0044
RENEW LIQUOR LICENSE - LA MARAVILLA
PAGE 3
WHEREAS,the Board deemed it advisable to seta public hearing on July 19,2004,at9:00
a.m.,pursuant to the procedures set forth in Sections 12-2-40 and 12-2-50,Weld County Code,and
Section 12-47-302,C.R.S.,to allow the Board to consider evidence for the determination of whether
or not the above listed factor"C"exists and thereby determine if good cause exists to refuse to
renew the Tavern Liquor License issued to RJML, LLC, dba, LaMaravilla, and, if so, if there is
sufficient evidence of the existence of any of the factors listed in the "Phase II" portion of said
procedures(Section 12-2-50,Weld County Code)which may exacerbate or ameliorate the situation.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that a public hearing is hereby set on July 19,2004,at 9:00 a.m.,pursuant to the
procedures set forth in Sections 12-2-40 and 12-2-50,Weld County Code,and Section 12-47-302,
C.R.S., to allow the Board to consider evidence for the determination of whether or not the above
listed factor"C"exists and thereby determine if good cause exists to refuse to renew the Tavern
Liquor License issued to RJML, LLC, dba, LaMaravilla,and, if so, if there is sufficient evidence of
the existence of any of the factors listed in the"Phase II"portion of said procedures(Section 12-2-
50, Weld County Code) which may exacerbate or ameliorate the situation.
BE IT FURTHER RESOLVED by the Board that although the Hotel and Restaurant Liquor
License to sell malt, vinous, and spirituous liquors, by the drink for consumption on the premises
only, for RJML, LLC, dba LaMaravilla, expires on March 10, 2004, the applicant may continue to
operate in accordance with the terms of the license and State law until such time as the renewal
of said license is determined.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 12th day of April, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
WFLD COUNTY,'COLORADO
ATTEST: atell � l • La ,.
�.,. Robert D. Masden, Chair
Weld County Clerk tot - B•-""s" rv,,
aa; s� - cc
g
William H ke, Pro-Tem
Deputy Clerk to the B !.
M. `eile
AP DA
Davi> . Long p
un A orne
Glenn Vaad 7
Date of signature: 1/23
2004-1117
LC0044
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