HomeMy WebLinkAbout20010474.tiff HEARING CERTIFICATION
DOCKET#2001-14b
RE: SHOW CAUSE HEARING TO DETERMINE WHETHER GOOD CAUSE EXISTS
NOT TO RENEW TAVERN LIQUOR LICENSE - ROMANCE, INC., DBA CLUB
ROMANCE/LUCKY STAR
A public hearing was conducted on February 21, 2001, at 1:30 p.m., with the following
present:
Commissioner M. J. Geile, Chair
Commissioner Glenn Vaad, Pro-Tem
Commissioner William H. Jerke
Commissioner David E. Long
Commissioner Robert D. Masden
Also present:
Acting Clerk to the Board, Esther E. Gesick
County Attorney, Bruce Barker
The following business was transacted:
I hereby certify that pursuant to a resolution dated January 15, 2001, and duly mailed to the
applicant, a public hearing was conducted on February 12, 2001, at 9:00 a.m.,to determine
whether good cause exists to renew the Tavern Liquor License for Romance, Inc.,dba Club
Romance/Lucky Star, at which time the Board deemed it advisable to continue said matter,
at the request of the applicant due to a conflict of schedules, to Wednesday, February 14,
2001, at 9:00 a.m.,to allow consideration of a proposed resolution and public input. At said
hearing on February 14, 2001, the Board rejected the proposed Resolution and continued
the matter to February 21, 2001, for a full Show Cause Hearing. Bruce Barker, County
Attorney, made this a matter of record.
Gene Ciancio, attorney, represented the licensee and stated the licensee is also
represented by Charles Dickson. Stanley Peek,was present to represent the Weld County
Sheriffs Office. Chair Geile reviewed the determination of the Board at prior hearings and
the Findings that items A and B exist as indicated in the Proposed Resolution. He also
reviewed the established procedures for this hearing.
Mr. Ciancio stated they previously presented a proposed Resolution with specified
Conditions and the Board decided to continue the matter to today to hear testimony from
the State Patrol. He stated the Colorado Liquor Division was opposed to the renewal;
however, Mr. Peek, representing the County, has proposed an agreement, which the
licensee is willing to accept in an attempt to resolve this issue. Mr. Ciancio stated if the
proposed agreement is not acceptable, he would like to request this matter be continued.
Mr. Peek stated he was discouraged that the Sheriffs Office, State Patrol, and Colorado
Liquor Enforcement Division could not agree on how to address this issue, so they all met
late last week to come up with terms that would be beneficial for everyone. Mr. Peek
explained the three agencies have come up with a proposal for four major changes, listed
2001-0474
LC0016
RE: HEARING CERTIFICATION-ROMANCE, INC.,DBA CLUB ROMANCE/LUCKY STAR
PAGE 2
as Conditions A, B, C, and D, in the Draft Resolution, and in an agreement which would be
signed by licensee, licensee's attorneys, Sheriffs Office, Colorado Liquor Enforcement
Division, and himself. Mr. Peek reviewed the terms of the agreement, and stated the
licensee will also meet with the Sheriffs Office once a week rather than once a month. Mr.
Peek stated the new agreement will encourage cooperation and self reporting by the
licensee. Mr. Barker stated the previously discussed conditions are all still included in the
Draft Resolution, with the addition of the four new items, and a paragraph regarding the
proposed agreement.
Scott Copley, State Patrol Corporal, stated he recommends approval of the proposed
agreement, and hopes that the licensee will conform with this because it will help prevent
hazards. He stated the issue of providing alcohol to minors needs to stop at the
establishment because it leads to other problems. Responding to Commissioner Vaad, Mr.
Peek stated Captain Gary Meyers had previously expressed concern with the apparent
pattern of violations at this establishment; however, if this license is revoked, the licensee
will likely apply for a permit at a new location.
Dave Sauter, State Liquor Enforcement Division, stated he has reviewed the contents of
the new agreement and he is in concurrence with the terms. He stated the last paragraph
of the agreement is important to the Colorado Liquor Enforcement Division. Responding
to Commissioner Jerke, Mr. Sauter stated both the restaurant and dance hall portion are
licensed under the same permit. Mr. Ciancio stated they understand the terms of the
agreement apply to the area of the bar where the dancing takes place on the weekends and
the restaurant would not be effected. Mr. Sauter concurred. Responding to Commissioner
Vaad, Mr. Dickson suggested the licensed premises should be clarified for the purpose of
the agreement, and stated it is primarily for the dance hall portion. Mr. Ciancio concurred
this agreement does not pertain to the restaurant portion of the establishment.
Kenneth Poncelow, Sheriffs Office manager, stated he, Sheriff Ed Jordan, and Rick Dill
have reviewed and recommend approval of the agreement. He stated they would like to
work with the bar to build a relationship which will help resolve the issues.
Mr. Peek stated the agreement is among the three law enforcement agencies and the
licensee, and any reduction in the terms would not be supported by the agencies. Mr.
Ciancio reviewed the new terms. He stated some of the terms will be difficult on the
licensee economically because a majority of the patrons in the dance hall are minors and
if minors are prohibited while alcohol is served, they anticipate this will cut their gross
income in half. He stated it is not illegal in the State of Colorado for minors to be within the
establishment, they just can't consume any alcohol. Mr. Ciancio explained Club Romance
averaged 60,000 patrons in the last year and there was only one allocation of a minor who
was drinking which may not have been served by the bar, and there were some DUls. He
stated the licensee will be closed beginning this weekend to begin implementing the
necessary requirements and they will no longer allow minors in the nightclub portion while
alcohol is being served. He explained any events with minors will be alcohol free, and the
licensee must call to report any disturbance or violation of the Liquor Code or State Laws.
He further stated there will be signs in Spanish and English, more security,outdoor security
for safety, proper parking for patrons and the Sheriff's Office, and continued cooperation
2001-0474
LC0016
RE: HEARING CERTIFICATION-ROMANCE, INC.,DBA CLUB ROMANCE/LUCKY STAR
PAGE 3
with the Sheriff's Office for lighting the parking lot. Mr. Ciancio stated the licensee will also
restrict the occupancy to the allowed amount, build a wall so the maximum number of
square feet will not exceed 5,000,keep the employees up-to-date with T.I.P.S.training,and
post licenses as required by the State.
Ruben Rodriguez, manager of Club Romance, stated the owners are present and they
agree with the terms of the agreement. He stated Manuel Manriquez owns 60 percent of
the business and Gerardo Manriquez owns 40 percent. He further stated they have heard
the testimony and understand the various comments and concerns. Mr. Rodriguez stated
the owners have agreed to a 14-day closure of the Nightclub starting Thursday at midnight
and they will close again in April. He stated they are concerned with the impact these terms
will have on their finances with restricting minors and having to close for two probationary
periods. He requested they be allowed to close for only one week and pay a fine in place
of the remaining probationary period. Mr. Rodriguez stated the monthly rent is $10,400.
He reiterated that prohibiting minors while alcohol is present will reduce the number of
patrons by 50 percent, but indicated this may have a positive effect and draw in a new
category of patrons. He stated they are still willing to comply with the other terms, and they
will meet with the Sheriffs Office on a weekly basis. Responding to Commissioner Vaad,
Mr. Ciancio stated the owner or president will need to sign the agreement, not the manager.
In response to Commissioner Jerke, Mr. Ciancio stated a Teen Night would not allow
alcohol, but they will consider the restaurant separate from the dance hall. If necessary,
they will also restrict the selling of alcohol in the restaurant during Teen Night. Mr.
Rodriguez stated the bar opens at 8:00 p.m., and the restaurant is closed at 9:00 p.m., so
the conflict will be minimal. Responding to Commissioner Long, Mr. Rodriguez stated they
rent the site from Heidi and Mole Terriny who own the property. In response to
Commissioner Vaad, Mr. Ciancio stated Condition O requires that once a patron leaves the
establishment, they are not allowed back in; however, they would like to clarify that would
not apply to Teen Night because alcohol would not be involved. Mr. Dickson reiterated a
license is not required for a Teen Night because no alcohol is involved. Responding to
Commissioner Masden, Mr. Rodriguez stated on Teen Night the licensee would still have
security present, but not as many guards because problems decrease without the alcohol.
Mr. Ciancio added the licensee is not certain whether there will be a Teen Night. Mr.
Rodriguez added the teens liked coming and dancing, and he feels this activity keeps them
from roaming the streets.
In response to Chair Geile, Mr. Barker stated Colorado Law does not prohibit teens from
entering an establishment while alcohol is being served; however,this is a special provision
being placed on the license in an attempt to resolve violations. He explained that if the
licensee does not serve alcohol, they can allow minors. Mr. Peek stated the attachment to
the liquor renewal application #6 was not completed and should be completed prior to
sending it to the State. Mr. Ciancio stated he has no objection. Mr. Rodriguez stated he
currently owns no liquor establishment; however, he is in the process of applying for
another establishment near Fort Lupton. He added the current owners of Club Romance
have no interest in his proposed establishment.
2001-0474
LC0016
RE:HEARING CERTIFICATION-ROMANCE, INC.,DBA CLUB ROMANCE/LUCKY STAR
PAGE 4
Mr. Barker indicated Conditions A and B should be amended to clarify the suspension is for
serving alcohol only, and the restaurant will be allowed to continue operating without the
sale of alcohol. Mr. Peek stated the liquor license shall be suspended for 14 days.
Responding to Commissioner Jerke, Mr. Ciancio stated there will not be a Teen Night this
weekend; however, while their license is suspended in April, they may consider having a
Teen Night for dancing. Mr. Peek asked who should be notified for closure. Mr. Poncelow
stated the Sheriffs Office will meet with the licensee on a weekly basis and will be aware
of the planned closures. Mr. Ciancio added they will also be required to post a sign
indicating why the license is suspended and for how long. In response to Mr. Ciancio,
Commissioner Jerke stated he does not have a problem with a Teen Night during the
suspension period if this request is approved. Mr. Dickson stated there was a general
allegation of a violation. He stated he reviewed all of the reports and there were only 23,
many of which do not mention the licensee specifically. He stated two-thirds of the police
reports were filed because the licensee called for assistance, and he wants to ensure the
Board is aware that the licensee is willing to go further than an average owner is required
to make this a better, and safer establishment. Mr. Peek stated the law enforcement writes
reports relevant to the event, and following conversations with law enforcement officers,
they have evidence that the reports are linked to the licensee in some way.
Chair Geile reviewed the Resolution and Agreement terms. He stated the testimony from
the State Patrol and Colorado Liquor Enforcement Division indicates they are in favor of the
agreement, which is significant in resolving the operation of this establishment.
Commissioner Vaad concurred, and added there now seems to be a spirit of cooperation
between the agencies and the licensee and the message as to the importance of
compliance has been sent. Commissioner Vaad stated he has not seen evidence that the
operators are the instigators of many of the incidents, this new approach seems to be
worthy of trying, and he is in favor of the agreement. Commissioner Jerke commented he
applauds all of the parties involved,this is a major improvement of the prior agreement,and
it will allow the licensee to continue generating revenue during the suspension of the liquor
license. He stated it is difficult to mix minors and alcohol, but the agreement will address
that issue and provide a safe environment. Commissioner Long thanked the agencies for
approaching new techniques,and stated these terms will help provide for a safe community
and enforcement will be in place if necessary. Commissioner Masden stated he concurs
with prior comments made by the Board and he applauds all of the agencies and the
licensee for attempting to resolve the issues. He further stated this type of resolution may
prove to be a model for other establishments which have violations. Responding to
Commissioner Vaad, Mr. Barker stated the Board needs to take action of the Draft
Resolution, which references the agreement; however, the agreement does not require
signatures by the Commissioners. Commissioner Vaad moved to approve said resolution
as discussed. Commissioner Jerke seconded the motion. Upon a call for the vote, the
motion carried unanimously.
2001-0474
LC0016
RE: HEARING CERTIFICATION-ROMANCE, INC.,DBA CLUB ROMANCE/LUCKY STAR
PAGE 5
This Certification was approved on the 26th day of February, 2001.
APPROVED:
ATTEST: ,/ � BOARD OF COUNTY COMMISSIONERS
Lail
WELD COU Y, COLORADO
1861 eel hWeld County Clerk t�� hec� r- is e, r
By: a/� G 3a•rts, r r \` A_ ,
Deputy Clerk to the B EXCUSED DATE OF APPROVAL
Glenn Vaad, Pro-Tern
TAPE #01-09
Wi ' HCJerke
^
vi E. Lon
Robert D. Masden
2001-0474
LC0016
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 21ST DAY OF FEBRUARY, 2001:
DOCKET#2001-14 - ROMANCE, INC., DBA CLUB ROMANCE/LUCKY STAR
PLEASE legibly write or print your name and complete address and the DOCKET#
(as listed above) or the name of the applicant of the hearing you are attending.
NAM AND ADDRESS(Please include City and Zip Code)DOCKET#OF HEARING ATTENDING
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