HomeMy WebLinkAbout20031808.tiff a WELD COUNTY ATTORNEY'S OFFICE
915 TENTH STREET
P.O. BOX 758
GREELEY, CO 80632
' WEBSITE: www.co.weld.co.us
C. --
PHONE: 336-7235
FAX: (970) 352-0242
COLORADO
May 16, 2003
Daniel W. Carr, Esq.
Dill, Dill, Carr, Stonebraker& Hutchings
455 Sherman Street, Suite 300
Denver, CO 80203
FAX: (303) 777-3823
Re: El Rodeo Nightclub
Dear Dan:
Enclosed is a copy of the "Liquor/Beer Review Form" from Deputy Bill Wagner of the Weld
County Sheriff's Office, regarding your recent request on behalf of the El Rodeo Night Club to
remove the "under 21" restriction. Please review the form and let me know if Ms. Montes
desires to continue with the request. I may be reached at (970) 356-4000, extension 4390.
Si erely,
f V
nice T. B r
Weld County Attorney
Enc.
pc: Clerk to the Board
doY1p.eh ' O4encia 2003-1808
�-fil-eQ 03 cC031g
LIQUOR/I3EER REVIEW FORM
Date: May 14, 2003
TO: Clerk of the Board
FROM: Deputy Bill Wagner
SUBJECT: MOTION TO MODIFY RESTRICTIONS ON LICENSE
Please submit a report to the Clerk to the Board, which will be used by the Board of County Commissioners in
considering the applicant's request to modify the restrictions on the license.
If you have any questions,please contact Bruce Barker, County Attorney, at Ext. 4390.
PLEASE RESPOND NO LATER THAN: MAY 19, 2003
ESTABLISHMENT: J. Montes,Inc.
DBA EL RODEO NIGHT CLUB
3101 HIGHWAY 119
LONGMONT, CO 80504-9543
Current license expires: OCTOBER 9,2003
The following concerns are noted:
The Weld County Sheriffs Office has responded to 7 incidents or calls for service since November 1,
2002. On November 23, 2002 we were called at 1:42 AM ref a vandalism in which the officer was cancelled
prior to arrival. On December 15, 2002 at 12:18 AM, we were dispatched to a fight which was gone upon the
officer's arrival. On December 31, 2002, we responded to a suspicious activity in which the officer deemed was
unfounded. On January 4, 2003 at 11:33 PM, we responded to a disturbance which the officer deemed no
criminal activity had occurred. On February 1, 2003 at 12:51 AM, we were dispatched to a disturbance in the
parking lot at the El Rodeo in a male party was arrested for possession of a Schedule 2 narcotic, namely,
cocaine. On February 23, 2003 at 01:53 AM,we responded to a assault in which a security guard had assaulted
a patron.
None of the people involved in the above incidents were under the age of 21. It would , however,be the
recommndation of this agency that this restriction remain in effect as the incidents we have had is a clear
indication that the restriction has solved the problem. I have also consulted with Dave Zeimer,with the State
Liquor Board, and he also agrees the restrictions should remain in effect.
DILL DILL CARR STONBRAKER & HUTCHINGS
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
Daniel W.Carr Fay M.Matsukage•
john J.Coates Felicity Tompkins
Kevin M.Coates
tapen
H.Alan Dill ioAdam P.Saker
Robert A.Dill Craig a S A.Stoner
er
Thomas M.Dunn trckD.
john A.Hutchings Patrick Tooley
Stephen M.lee •Also licensed in Nevada
May 1, 2003
m
v
Clerk to the Board
P.O. Box 758 -
--
Greeley, CO 80632
ra
n.)
RE: J. Montes, Inc., d/b/a/ El Rodeo Nightclub
Dear Clerk:
Enclosed for filing, please find the original and one copy of a Motion for Removal of
Restriction regarding the above-referenced licensee.
Should you have any questions, please contact me at your convenience.
Sincerely,
Dolma L. Paison
Legal Assistant to Daniel W. Carr
DWC/dp
Enclosure
455 SHERMAN STREET,SUITE 300/DENVER,COLORADO 80203/FAX(303)777-3823/(303)777-3737
E-mail: dillndill®aol.com
BEFORE THE BOARD OF COUNTY COMMISSIONERS
CITY OF LONGMONT, WELD COUNTY, STATE OF COLORADO
MOTION TO MODIFY RESTRICTIONS ON LICENSE
IN THE MATTER OF:
J. MONTES, INC., d/b/a EL RODEO NIGHTCLUB, 3101 HIGHWAY 119,
LONGMONT, CO 80504
COMES NOW the Licensee, J. Montes, Inc. d/b/a El Rodeo Nightclub and
respectfully requests that this Honorable Board modify the restrictions on the Tavern Liquor
License issued to J. Montes, Inc. and as grounds and reasons therefore would state as follows:
1. J. Montes, Inc. operates the El Rodeo Nightclub License No. 2002-11 which
expires as of October 9, 2003.
2. For several years, the licensee has had a restriction on its license limiting
admittance to the establishment to only those persons who are over 21 years of age.
3. During the period of time the restriction has been placed on the license, there
have been no problems at the establishment concerning compliance with that restriction.
4. Although that restriction is contained on the license, it is done so on a voluntary
and consensual basis and is not the subject matter of any state or local ordinance or regulation.
5. During the term of this restriction, new licensees who compete directly with El
Rodeo Nightclub have entered the marketplace and are not subject to similar restrictions.
6. At this time, based upon the competitive nature of the business and the lack of
restrictions on other licensees, El Rodeo is being financially harmed as a result of the
implementation of this restriction.
7. El Rodeo is now at a competitive disadvantage with the other licensees who can
accommodate a family or group of patrons who may include someone who is less than 21 who
is eligible to enter the other establishments but cannot be accommodated at El Rodeo due to
this restriction.
8. In today's economy, the loss of any potential customers results in a substantial
burden being placed on an establishment which is at a competitive disadvantage and it would
be appropriate at this time to remove the restriction from the El Rodeo's license.
9. El Rodeo does not believe it will have any difficulty complying with the laws
and regulations of the State Liquor Code and/or any applicable ordinances of state law or local
concern.
10. In the event the Board believes any additional information is necessary or any
questions need to be answered, the Licensee would respectfully request this matter be set for a
hearing to permit it to appear and provide additional information.
WHEREFORE, the Licensee would respectfully request this Honorable body remove
the aforesaid restriction and permit it to operate with the same competitive advantage of other
licensees within the County.
Respectfully submitted this / day of May, 2003.
DILL DILL CARR STONBRAKER
&HUTCHINGS,PC
111
Darnel W. Can, #8824
455 Sherman Street, Suite 300
Denver, CO 80203
(303) 777-3737/Main
(303) 777-3823/Facsimile
CERTIFICATE OF MAILING
I hereby certify that on this AIL day of May, 2003, a true and correct copy of the
foregoing Motion to Modify Restrictions on License was placed in the United States Mail,
postage prepaid addressed as follows:
Bruce Barker, Esq.
WELD COUNTY ATTORNEY
910 10th Street
Greeley, CO 80631
BEFORE THE BOARD OF COUNTY COMMISSIONERS
CITY OF LONGMONT, WELD COUNTY, STATE OF COLORADO
ORDER MODIFYING RESTRICTION
IN THE MATTER OF:
J. MONTES, INC., d/b/a EL RODEO NIGHTCLUB, 3101 HIGHWAY 119,
LONGMONT, CO 80504
THIS MATTER, comes before the Board of Weld County Commissioners on the
Motion of J. Montes, Inc., d/b/a El Rodeo Nightclub to modify the age restriction and having
reviewed the matter and being fully advised in the premises, it is hereby
ORDERED that the restriction limiting admittance to persons over the age of 21 years
into the establishment is hereby removed.
DONE this day of , 2003.
BY THE BOARD:
Weld County Commissioner
Hello