HomeMy WebLinkAbout20010118.tiff RESOLUTION
RE: ACTION OF BOARD AT PROBABLE CAUSE HEARING TO DETERMINE WHETHER
TO RENEW TAVERN LIQUOR LICENSE FOR ROMANCE, INC., DBA CLUB
ROMANCE/LUCKY STAR - EXPIRES JANUARY 21, 2001
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, Romance, Inc., dba, Club Romance/Lucky Star, holds a Tavern 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 January 21,
2001, and an application for the renewal for said license being received on or about
November 15, 2000, and
WHEREAS, the matter of the renewal of said liquor license was set for a Probable
Cause Hearing for the Board, in accordance with the procedures of Sections 12-2-30, 12-2-40
and
12-2-50, Weld County Code, to consider if any of the factors listed in said Section 12-2-40 exist
with respect to the Club Romance/Lucky Star to thereby determine if good cause exists to
refuse to renew said license, and
WHEREAS, at said Probable Cause Hearing, the applicant was present and was
represented by attorney Roger Morris, and
WHEREAS, at said Probable Cause Hearing, the Board considered evidence in the
form of testimony from: Weld County Sheriff's Deputy Vicki Harbert, State of Colorado Liquor
Enforcement Division Officer David Sauter, Mr. Manual Manriquez, President, Romance, Inc.,
and Mr. Ruben Rodriguez, Manager, Romance, Inc., and
WHEREAS, at said probable cause hearing, the Board determined that it has probable
cause to believe that the following factors exist with respect to the Club Romance:
A. Violations in the last one-year period by the licensee or any of the agents,
servants, or employees of the licensee, of the provisions of the Colorado Liquor
Code, or any of the rules or regulations authorized pursuant to the Colorado
Liquor Code, or any of the terms, conditions, or provisions under which the
license was issued.
1. Evidence of minors procuring and/or consuming alcoholic beverages at
the licensed premises.
,DC ' L''/1/) 4rnandei 5O, m 2001-0118
LC0016
RE: PROBABLE CAUSE HEARING - ROMANCE, INC., DBA, CLUB ROMANCE/LUCKY STAR
PAGE 2
2. Evidence of patrons becoming intoxicated at the licensed premises and
driving motor vehicles thereafter.
3. Evidence of lack of posted warning signs, license not clearly posted, lack
of adequate books and records, insects in some of the bottles, and
purchasing more than $500.00 of liquor from a source other than a
licensed wholesaler within a calendar year.
B. Excessive noise, rowdiness, or disturbances on a continuous basis in the
immediate area of the Club Romance which has been substantially a result of
the operation of the Club Romance.
1. Evidence of incidents to which the Weld County Sheriff's Office and
Colorado State Patrol personnel have been forced to respond, including,
but not limited to, fighting among patrons both inside the licensed
premises and in the parking lot of the establishment, assaults, and traffic
calls.
WHEREAS, the Board deemed it advisable to set a Show Cause Hearing concerning
the renewal of the Tavern Liquor License issued to Romance, Inc., dba, Club Romance/Lucky
Star, on February 12, 2001, 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 factors "A" and/or"B"
exist and thereby determine if good cause exists to refuse to renew, 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 Show Cause Hearing concerning the renewal of the Tavern
Liquor License issued to Romance, Inc., dba, Club Romance/Lucky Star, be, and hereby is, set
for February 12, 2001, 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 factors "A" and/or"B" exist
and thereby determine if good cause exists to refuse to renew, 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 Tavern Liquor License to
sell malt, vinous, and spirituous liquors, by the drink for consumption on the premises only, for
Romance, Inc., dba, Club Romance/Lucky Star expires on January 21, 2001, the Tavern 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.
2001-0118
LC0016
RE: PROBABLE CAUSE HEARING - ROMANCE, INC., DBA, CLUB ROMANCE/LUCKY STAR
PAGE 3
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 15th day of January, A.D., 2001.
BOARD OF UNTY COMMISSIONERS
WELD CO TY, COLORADO
ATTEST: i
A
e, Ch
Weld County Clerk to t r B.: • #''°9 (/,1861
Glenn Vaad, Pro-Tem
BY:
Deputy Clerk to the . .'� �t7(.l/
U e���►� William H. Jerke
< APP VEDAS R • -ct—ov,..k' (Cj,;/
vid o
County Attorney ng
Robert D. Masden
2001-0118
LC0016
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