HomeMy WebLinkAbout20010473.tiff HEARING CERTIFICATION
DOCKET#2001-14a
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 14, 2001, at 9:00 a.m., with the following
present:
Commissioner M. J. Geile, Chair
Commissioner Glenn Vaad, Pro-Tern - EXCUSED
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 to Wednesday, February 14, 2001, at 9:00 a.m. due to a
conflict of schedules. Bruce Barker, County Attorney, made this a matter of record. Mr.
Barker stated this matter was continued to today to allow consideration of a proposed
resolution and public input.
Gene Ciancio,attorney, represented the applicant and stated the licensee is willing to enter
into an agreement with the Commissioners which will require them to follow the proposed
conditions or any modifications the Board may deem necessary. He explained if the
agreement is not accepted, then the Board will need to reset this for a full Show Cause
Hearing.
Ed Jordan, Weld County Sheriff, stated the Sheriff's Office has been working for several
years to implement community oriented policing programs. He stated due to limited
resources, it has been a slow process; however, the overall concept is to encourage
community establishments to cooperate with the Sheriffs Office to help reduce the amount
of calls. Sheriff Jordan stated the deputies work with the liquor establishments to resolve
problems before they get out of control. He stated the Sheriff's Office received Federal
money last year for the community oriented policing, which was used to hire additional
personnel for each beat to work with the communities and businesses. He explained they
are also trying to help provide resources for business owners as to how they can be
successful in recognizing intoxicated persons and false identifications, as well as provide
staff training to eliminate problems before they occur. Sheriff Jordan stated if an
establishment chooses not to cooperate, they then take enforcement action to correct the
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RE:HEARING CERTIFICATION-ROMANCE, INC., DBA CLUB ROMANCE/LUCKY STAR
PAGE 2
situation. He stated it is unrealistic to try and eliminate establishments that serve alcohol;
however,there has been a collective effort between law enforcement agencies and retailers
to educate the public as to drinking age limits and responsible consumption. (Switched to
Tape #2001-08 because Tape #2001-07 is faulty.) Responding to Commissioner Jerke,
Sheriff Jordan stated both the Sheriff's Office and the State Liquor Enforcement Division
have joint jurisdiction for enforcement. He further stated this establishment draws people
from surrounding areas, and is a concern to the local communities. This agreement also
involves problem-oriented policing in which you work to resolve the amount of calls to the
area.
Ken Poncelow,Weld County Sheriff's Office Manager, stated community policing does not
apply to neighborhoods only; there is a community of bar owners in this instance. Mr.
Poncelow stated the Sheriffs Office met for the first time with owner and manager last
November because prior to that time there were a high number of instance calls. Mr.
Poncelow stated during the meeting they identified and discussed six to eight issues at the
establishment, which resulted in the Conditions listed in the proposed Resolution. He
stated the licensee brought ten employees to their most recent training session regarding
how to serve alcohol, recognize intoxication levels, and how to report incidents to law
enforcement agencies. He stated they have been working on establishing a monthly
meeting of the Weld County bar owners to share information. Mr. Poncelow stated one of
the problems with this bar is that it is designed to be a bar and if this permit is revoked,
more than likely another liquor establishment will move in and they will have to start over.
He added the prior owner will also move somewhere else and expand the problem, so he
feels it is better to try and resolve this issue. Responding to Commissioner Jerke, Mr.
Poncelow stated he has no concern with Condition L, regarding armed security guards
because the licensee uses a licensed security company. He stated he would prefer an
armed guard to defend patrons if necessary. He further stated Condition N requires a
designated parking space for the Sheriffs Office which acts as a deterrent. Mr. Poncelow
stated Condition O ensures that patrons cannot come back into the bar once they leave.
This allows the bartender to better monitor the amount of alcohol served, which is a
technique recommended by the Colorado Restaurant Association.
Responding to Commissioner Long, Mr. Poncelow stated since the January 15, 2001,
hearing, there has been an incident involving a 19-year-old. He suggested a condition be
added to set seven-day suspension as a penalty if there are any violations of the proposed
conditions. Mr. Barker stated that request is not currently in the resolution, nor has it been
discussed with the licensee; however, he agreed there needs to be a method to ensure
compliance. Responding to Commissioner Long, Mr. Poncelow stated there have been
approximately ten reports filed since the Sheriff's Office became involved with this case,
and added this establishment generates the highest number of calls for service.
Responding to Commissioner Masden,Mr. Poncelow stated the indoor and outdoor security
is to be trained, and added the general program has been modified to ensure the staff is
adequately trained. In response to Chair Geile, Mr. Poncelow stated the applicant will be
doing some modifications to the building if the renewal is approved, which may alter the
capacity amount. He further stated the occupancy permit is posted on the wall and will
change pending any remodeling; therefore, a set amount was not included in the
Resolution.
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RE:HEARING CERTIFICATION-ROMANCE, INC., DBA CLUB ROMANCE/LUCKY STAR
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In response to Chair Geile, Mr. Barker stated Corporal Scott Copley, State Patrol, was
planning on attending and it would be wise to hear from him if he comes.
David Sauter, Colorado Department of Revenue, Liquor Enforcement Division, reiterated
that liquor establishments receive a dual license from the local and State authorities. He
explained the State Liquor Division and the Sheriff's Office have the authority to take
criminal or administrative action against any liquor establishment. This hearing is an
administrative process for review of the renewal. Mr. Sauter stated a liquor license is a
privilege, not a right, similar to a driver's license, and the State feels if there is a violation,
then appropriate action is taken. Mr. Sauter stated he spoke with Corporal Copley who will
not be able attend; however, he stated the State Patrol and Colorado Division of Liquor
Enforcement do not agree with the proposed Resolution or conditions. He stated there is
a history of repeated violations, and he requested a full Show Cause Hearing be held to
discuss the matter in detail.
Mr. Ciancio introduced Manuel Manriquez,co-owner,and Ruben Rodriguez, manager. Mr.
Ciancio stated if the State has an issue with the establishment they have every power to
hold their own hearing, and their testimony in this matter seems to be a duplication. Mr.
Ciancio stated there was a meeting among the licensee, County Attorney, State Liquor
Enforcement Division, and the Sheriffs Office. He stated the State Liquor Enforcement
was present and had every opportunity to participate in the terms of this agreement. Mr.
Ciancio stated a majority of Conditions A through S have been met in anticipation of a
favorable motion, which indicates the licensee is willing to cooperate and provide a safer
establishment. Specifically Conditions B, C, D, F, G, H, K, M, P, and Q are all being
implemented. He stated Condition E cannot be met until the renewal is approved and the
wall is constructed. Mr. Ciancio stated approximately 85 percent of the employees have
completed the T.I.P.S.training and the rest will be required to complete the training as soon
as possible. He further stated the licensee is willing to meet with the Sheriffs Office on a
weekly basis to ensure all of the conditions are being implemented and complied with. He
stated the current proposal does not provide for enforcement measures; however, this
Board has the authority to hold a hearing to determine whether the permit should be
suspended or revoked, and he feels approval of the permit with specific conditions should
be sufficient.
Responding to Commissioner Jerke, Mr. Ciancio stated he has worked on similar
agreements with other clients;however,this agreement is far more specific. Commissioner
Jerke commented some of the conditions may set the licensee up for failure. Mr. Ciancio
stated there is potential for failure due to the strictness; however, the licensee is willing to
take that risk rather than have the license revoked.
In response to Commissioner Long, Mr. Rodriguez stated he has five years of experience
with alcohol establishments; he has applied for, and been granted, other licenses. He
explained the license he held in the Town of Leadville was not renewed, and he had to
surrender the licenses in Greeley because he had more than the liquor code allows.
Responding further to Commissioner Long, Mr. Rodriguez stated the Town of Leadville did
not renew the permit because it felt the needs and desires of the Town had already been
met. He further stated his past establishments also required calls to the Sheriffs Office or
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RE: HEARING CERTIFICATION-ROMANCE, INC.,DBA CLUB ROMANCE/LUCKY STAR
PAGE 4
city police, but there is better training now, and they have good communications with the
Weld County Sheriff's Office,which has been an improvement for their establishment and
others throughout the County. Responding further to Commissioner Long, Charles
Dickson, attorney, stated the licensee applied for a license a year ago, and explained they
are required to renew annually. He stated this agreement may acknowledge there were
problems or violations; however, it also shows a willingness to correct those matters.
Responding to Commissioner Long, Mr Barker stated Stan Peek is present to represent the
Sheriff's Office, and added the prior hearing was for a renewal. Concerns were expressed
by the Sheriffs Office, which resulted in a Probable Cause Hearing; however, the license
was approved subject to two conditions requiring T.I.P.S. training for all employees, and
posting a sign at the main entrance regarding the rules for age limitations. Mr. Peek
clarified the prior hearing last January was a renewal hearing, not a new license hearing.
He further stated Mr. Dickson's comments were incorrect because they indicated the
agreement indicates an admission of wrong doing. Mr. Peek stated page two of the
Resolution needs to be corrected to state there was evidence to establish that factors A and
B do exist. Chair Geile recessed the meeting for 15 minutes to allow all parties to discuss
the proposed terms.
Upon reconvening, Mr. Barker stated he believes a violation can bring this back at any time,
which may be more effective. He stated a set penalty may limit the Board if it feels a
stronger penalty or revocation is necessary. He further stated any of the alleged violations
under this proceeding can be used in future hearings to show evidence of a pattern of
violations, and there is no preclusion of using evidence at either the County or State level.
Mr. Ciancio stated the licensee is not opposed to adding a condition with a specific penalty;
however, it may not be in the best interests of the County. Mr. Sauter reiterated the
Colorado Liquor Division has not been a party to the proposed agreement because they do
not agree with the terms. Mr. Ciancio explained the State Liquor Enforcement Division has
the authority to hold its own hearing if they feel there are violations. Responding to
Commissioner Long, Mr.Ciancio stated there were issues at the last renewal hearing which
resulted in two conditions which were pretty much complied with during the past year. He
added these are new conditions, which are much more restrictive. In response to
Commissioner Long, Mr. Rodriguez stated the T.I.P.S. training consists of viewing a video;
however, at the training they recently attended with the Sheriff's Office, they were required
to take a test and received an official certification. Mr. Rodriguez stated in order to get
certified, he must score a 95 percent on the test, and he would like to sponsor bilingual
classes. Mr. Ciancio readdressed Commissioner Jerke's comments for strict conditions,
and added the licensee feels they can comply with all of the conditions.
Robert Gray,Ault resident, stated he was here for another issue on January 15, 2001, and
after listening to the testimony, he decided to visit Club Romance. Mr. Gray stated they
were greeted by professionals, he met Mr. Rodriguez,there was good service, minors had
noticeable marks on their hands, and he did not see them being served. He stated there
was a good atmosphere, the place was not smoke filled, and they had fun dancing.
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Debra Gray, Ault resident, stated she did not feel uncomfortable while at Club Romance,
although she was the only white person there. Ms. Gray stated there was adequate
security available, the waiters checked drinks to make sure minors were not consuming
alcohol,there were no fights,there was no smoke, and the Lucky Star Restaurant had good
food. Responding to Commissioner Jerke, Ms. Gray stated they went on a Sunday night;
however, she would feel comfortable going on Friday or Saturday as well. There being no
further public comment, Chair Geile closed public testimony.
Mr. Barker stated he spoke with Corporal Copley who expressed concerns regarding
whether Club Romance was requiring adequate identification. His concern was based on
a traffic stop in which some of the individuals had a stamp from Club Romance, but had no
form of I.D. Mr. Barker stated Condition C requires the licensee to check I.D.'s prior to
serving. Mr. Ciancio stated Condition C will address the problem of serving minors, and an
I.D. must have a picture.
Chair Geile commented the Board has the option of accepting the agreement, or finding
there are additional circumstances and setting a date for a formal Show Cause Hearing.
Mr. Barker stated the evidence for a Show Cause Hearing would be limited to factors A and
B cited at the Probable Cause Hearing,which are also detailed in the proposed Resolution.
In response to Chair Geile, Mr. Barker stated if the State pursues this matter, it will be put
before the local jurisdiction and then progress to the State. Responding to Commissioner
Jerke, Mr. Barker stated the next available hearing date is February 21, 2001, in the
afternoon. Chair Geile stated if that date does not work, it could be up to three or four
weeks later, which does not benefit anyone.
Commissioner Jerke moved to continue this matter to February 21, 2001, at 1:30 p.m. for
a Show Cause Hearing to discuss items A and B previously read by Mr. Barker.
Commissioner Long seconded the motion. Commissioner Jerke stated his motion is based
on the 106 Sheriff's Office reports, and he would like the opportunity to hear from the State
Patrol concerning their traffic calls to ensure the public safety issue is addressed. Upon a
call for the vote, the motion carried unanimously.
In response to Mr. Peek, Mr. Ciancio stated for purposes of a Show Cause Hearing, it is
understood that they need to address items A and B cited in the Probable Cause resolution,
and confirmed he has received sufficient notice of that hearing. Mr. Peek stated there are
various police reports that have been filed since the January 15, 2001, hearing, which will
be presented at the Show Cause Hearing including: January 22, 2001, report WC0100360;
January 28, 2001, report 3A010191; January 28, 2001, report 3A010192; and February 4,
2001, report WC0100598. Mr. Ciancio stated he has reports filed between November 6,
2000, and January 15, 2001, and requested copies of the reports reviewed by Mr. Peek.
In response to Mr. Ciancio, Chair Geile stated this matter needs to be resolved, and the
Board will continue into the evening on February 21, 2001, if necessary. Mr. Barker
clarified the review process during a Show Cause Hearing, which consists of two parts.
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RE: HEARING CERTIFICATION-ROMANCE, INC., DBA CLUB ROMANCE/LUCKY STAR
PAGE 6
This Certification was approved on the 14th day of February, 2001.
���,����N APPROVED:
ATTEST: iateW2 / f BOARD OF COUNTY COMMISSIONERS
WELD COON , COLORADO
Weld County Clerk to the Board /�
J. eile, Chair
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D-puty Clerk to t'':o:: 4 \ EXCUSED
'p Glenn Vaad, Pro-Tern
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TAPE #2001-06 an An-.; � � ' -
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Will II :tier eE
avi E. Long
Robert D. Masden
2001-0473
LC0016
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