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HomeMy WebLinkAbout20030922.tiff RESOLUTION RE: ACTION OF BOARD AT TEMPORARY SUMMARY SUSPENSION OF HOTEL AND RESTAURANT LIQUOR LICENSE,PURSUANT TO 1 CCR 203-2,REGULATION 47-602- 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 1 CCR 203-2, Regulation 47-602, may temporarily and summarily suspend a liquor license, and WHEREAS, RJML, LLC, dba La Maravilla, 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 WHEREAS, the Board received information from the Weld County Departments of Public Health and Environment and Building Inspection that the facility's septic system is inadequate to serve the capacity of the food service portion of the facility at 100, and the capacity of the dance hall at 350; that the facility's water source and system have not been approved by the Colorado Department of Public Health and Environment; and that the facility's Certificate of Occupancy, as regulated by the Department of Building Inspection, was revoked as of 11:59 p.m. on Sunday, April 6, 2003, and WHEREAS, on April 7, 2003, the Board considered evidence in the form of testimony from: Jeff Reif, Weld County Building Official, and Connie O'Neill and Steve Wiatrowski, Weld County Department of Public Health and Environment; however, neither the Licensee, nor any person on its behalf, was present, and WHEREAS, based upon said testimony,the Board deemed it advisable to temporarily and summarily suspend the Hotel and Restaurant Liquor License issued to RJML, LLC, dba La Maravilla, pursuant to 1 CCR 203-2, Regulation 47-602, on the basis that the public health, safety and welfare imperatively requires such emergency action, and WHEREAS, the Board also deemed it advisable to set a return hearing date of April 21, 2003, at 9:00 a.m., or earlier if staff determines it advisable and upon notification to the Licensee, for the Board to consider whether probable cause exists for the Board to conduct a show cause hearing to consider further suspending or revoking said liquor license, pursuant to the provisions of Section 12-2-20 of the Weld County Code, or to lift said temporary summary suspension. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, having heard the testimony and evidence presented in this matter, deems it advisable to temporarily and summarily suspend the Hotel and Restaurant Liquor License issued to RJML, LLC, dba La Maravilla. 2003-0922 LC0044 00 : A-Ph_ DA So n1 /./L, ctp RE: TEMPORARY SUMMARY SUSPENSION OF HOTEL AND RESTAURANT LIQUOR LICENSE - RJML, LLC, DBA LA MARAVILLA PAGE 2 BE IT FURTHER RESOLVED by the Board that a return hearing date be, and hereby is, set for April 21, 2003, at 9:00 a.m., or earlier if staff determines it advisable and upon notification to the Licensee, for the Board to consider whether probable cause exists for the Board to conduct a show cause hearing to consider further suspending or revoking said liquor license, pursuant to the provisions of Section 12-2-20 of the Weld County Code, or to lift said temporary summary suspension. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of April, A.D., 2003. BOARD OF COUNTY COMMISSIONERS �� ` WELUN COLORADO ATTEST: � 1L'`�J` 4 CC*C;y Weld County Clerk to t David E. Long, Chairman , k•5;,>a,-.9 Le , ,6. Robert D. M en, Pr - em Deputy Clerk to the B:'�� '_ � 4,4,2 M. J. eile APP AST EXCUSED Willia H. Jerk oun y Attorn '��rr Glenn Vaad C Date of signature: hi//5" 2003-0922 LC0044 Hello