HomeMy WebLinkAbout20010439.tiff MA(erl'
MEMORANDUM
To: Esther Gesick, Deputy Clerk to the Board December 15, 2000
From: Bethany Salzman, Zoning Compliance Officer, Dept. of Planning Services
COLORADO Subject: L00016
Review of the following liquor license renewal by the Department of Planning Services shows the following:
24-85307-0000
Romance, Inc.
dba Club Romance/ Lucky Star
33131 Highway 85
Lucerne, Colorado 80646
Zone District: C-3
This use is allowed through the zone district and existed prior to zoning. A "Nonconforming Use" (NCU) case
file is being initiated.
No violations are occurring on the property at this time.
SERVICE,TEAMWORK,IN]EGRITY,QUALITY
2001-0439
ESTHER Gesick Re: Club Romance Forwarded Page 1
From: Jeff Reif
To: Barker, BRUCE; Mika, MONICA; salzman, Bethany
Date: 12/29/00 7:46AM
Subject: Re: Club Romance-Forwarded
Bruce; The Building Inspection Dept has issued BC-0001151 which addresses the hazardous issues
found at this property, therefore VI-0000326 will be closed today. Please call if you have questions. Jeff
Reif.
>>> Bethany salzman 12/28/00 04:31 PM >>>
******The mobile home was permitted through a previous ZPMH-1725 (Accessory in the C-3); therefore,
there are no active zoning violations. I do not know what the "Building Department's" intentions are. I
will forward this message to Jeff Reif. Thanks, Bethany********************************
>>> BRUCE Barker 12/28/00 03:42PM >>>
I have not heard anything back from you on this. I need to let the licensee's attorney know what, if any,
zoning and building code violations are on this property. I want to send the notice tomorrow for a
probable cause hearing on the liquor license renewal application to be held January 15, 2000. Please
respond. Bruce.
CC: Gesick, ESTHER; Harding, CAROL
ESTHER Gesick- Re: Club Romance-Forwarded Page 1
From: Bethany salzman
To: Barker, BRUCE; Mika, MONICA
Date: 12/28/00 4:31 PM
Subject: Re: Club Romance-Forwarded
******The mobile home was permitted through a previous ZPMH-1725 (Accessory in the C-3); therefore,
there are no active zoning violations. I do not know what the "Building Department's" intentions are. I
will forward this message to Jeff Reif. Thanks, Bethany********************************
>>> BRUCE Barker 12/28/00 03:42PM >>>
I have not heard anything back from you on this. I need to let the licensee's attorney know what, if any,
zoning and building code violations are on this property. I want to send the notice tomorrow for a
probable cause hearing on the liquor license renewal application to be held January 15, 2000. Please
respond. Bruce.
CC: Gesick, ESTHER; Harding, CAROL; Reif, Jeff
tfil
COLORADO 4-
October 30, 2000
Lucky Star Bar and Grill
P.O. Box 52
Lucerne, CO 80646
To Whom It May Concern:
In response to a concern expressed by the Eaton Fire Department, Reuben Rodriguez ("Club
Romance"manager), Roger Vigil (Weld County Plan Reviewer), Pat Romansik (Assistant Fire Chief,
Eaton Fire Department), Wayne Griffm (Fire Chief, Eaton Fire Department), and I, walked through
the "Club Romance" located at 33131 Hwy. 85, Lucerne, Colorado, October 27, 2000.
The Fire Department responded to a call at this location approximately two weeks ago. After arriving
they found the establishment to be greatly overcrowded. In fact, there was such a large number of
vehicles parked around the building that the Fire Department found it difficult to get up to the building.
If a true emergency had occurred, it would have been nearly impossible to properly respond to the
situation.
As a building inspection department, our concern is that the building has the necessary items in place to
assure that, in the event of an emergency, all occupants can safely get out of the building to a secure
area. The 1997 Uniform Building Code(UBC) therefore, closely examines the exiting system to make
sure it is adequate, sets a reasonable occupant load for the building, and controls the size of the area
allowed for a drinking establishment. Obviously, safety risks increase when a large number of people
assembly in a confined area where physical capabilities may be impaired.
The UBC states:
1. Exit signs are required at all exit doors. Exit signs are required to be illuminated at all times.
Emergency power shall be provided to all exit lights. (Section 1003.2.8)
2. All exit and exit-access doors shall be provided with panic hardware. (Section 1007.2.5)
Service,Teamwork, integrity,Quality
Page 2
3. All exit and exit-access doors shall remain unlocked during business hours. (Section
1007.2.5)
4. The two existing gates located in the wooden privacy fence in the patio area, shall he open
and unobstructed out to the public way. (Section 1005.1)
5. Drinking establishments exceeding 5,000 square feet are required to have an automatic
sprinkler system. (Section 904.2.3.1) At this time the area serving alcoholic beverages is
larger than 5,000 square feet. To avoid installing an automatic sprinkler system, areas not
related to the area serving alcoholic beverages, (for example storage rooms, bathrooms, the
kitchen, etc.) can be separated by a one-hour fire-resistive occupancy separation. All
openings within this separation shall be protected by a fire assembly having a one-hour fire-
protection rating. This separation wall would need to be installed in such a way as to limit
the area where alcohol is served to a maximum of 5,000 square feet.
6. Since the restaurant area in the southern part of the building also serves alcohol, it too
becomes part of the drinking area and is included in the 5,000 square foot area calculation.
During our walkthrough, Reuben Rodriguez mentioned that the restaurant would not be open
concurrently with the bar/dance area. As long as this arrangement is maintained, matters are
less complicated. If at any time the restaurant is open at the same time as the bar/dance area,
the building would be in violation of UBC regulations. The entire building would likely
require an automatic sprinkler or numerous area separation walls.
7. After the modifications have been made, an occupant load will be established. The capacity
of the room(s) shall be posted in a conspicuous place on an approved sign located near the
main exit from the room. Such signs shall indicate the number of occupants permitted for
each room. (Section 1007.2.6) Once this number is set, it will be the responsibility of the
management to insure that the capacity of the building does not exceed the posted occupant
load.
8. The 1997 Uniform Fire Code and Eaton Fire Department require the ability to get emergency
vehicles up to the building. Fire Chief, Wayne Griffin, may be contacted for specific details.
Since we are dealing with a potentially dangerous situation, a violation will be written until this matter
is resolved. Before work is started, a permit application needs to be filled out at our office located at
1555 N. 17 Avenue, Greeley, Colorado. Please bring a drawing with accurate room dimensions,
location of the proposed one-hour fire-resistive occupancy separation wall, a cross-section of the actual
construction of the wall, and location and information regarding any openings in the wall. Also, a
warranty deed is required to begin this process. A copy of the warranty deed can be obtained at the
Weld County Clerk and Recorder's office if there is not one on file at your office. Please come into
our office within the next week or by November 6, 2000, and apply for the building permit.
Service,Teamwork, Integrity,Quality
Page 3
Until all eight matters have been taken care of and a final approval is obtained from the Eaton Fire
Department and the Weld County Building Inspection Department, the occupant load is not to be
greater than 350. Again, it will be the responsibility of management to make sure this number is not
exceeded.
I am forwarding a copy of this letter to Julie Chester, the lead planner for Weld County. Ms. Chester
will contact you with any comments or concerns.
Your assistance and prompt action is appreciated in this matter.
Sin r y,
David Spr
Building Official
cc: Wayne R Griffin, Fire Chief, Eaton Fire Dept.
Julie Chester. Weld County Planning Dept.
Service,Teamwork,Integrity,Quality
ESTHER Gesick - Club Romance m Page 1
From: BRUCE Barker
To: NORTHDOMAIN.NORTHPOST.bsalzman
Date: 12/5/00 4:26PM
Subject: Club Romance
See the attached voice-mail message I received from Dave Sauter of State Liquor. Please inspect the
property regarding the mobile home. I think this will be coming up for a renewal in mid to late December.
Thanks!! Bruce.
CC: NORTHDOMAIN.NORTHPOST.MMIKA, EGESICK
ESTHERGesick ELROMANC.WPD Pagel
Voice mail received by Bruce December 5, 2000:
Hi,this message if for Bruce Barker. This is Dave Sauter with State Liquor in reference to El
Romance Night Club. I just wanted to have him check and see what the zoning is and see if they
were authorized to put a mobile trailer home on that property up there at the El Romance. They
have one in there and it looks like there are several people living in it on the north side of the
building. If you could check into it I would appreciate it. Thanks.
M:\WPFILES\DIANE\VOICEMAIN\ELROMANCE.W PD
Pursuant to CRS 12-47-901(1)(a) CRS, It is unlawful to sell, serve, give away,
dispose of, exchange, or deliver or permit the sale, serving, giving, or procuring of
any alcohol beverage to or for any person under the age of twenty-one years.
A. It is alleged that on or about October 21, 2000, Aurora Dominguez
(age 16), of Loveland, procured alcoholic beverages while on the
licensed premises. Dominguez's sister, Monica(age 18) was also
in the establishment and both gave written statements to Weld
County Deputy Vickie Harbert. For further details refer to WCSO
report WC 0005229.
IL Regulation 47-900A, 1 C.C.R. 203-2, each person licensed under articles 46, 47,
and 48 of title 12, and any employee or agent of such licensee shall conduct the
licensed premises in a decent, orderly and respectable manner, and shall not
permit on the licensed premises the serving or loitering of a visibly intoxicated
person or habitual drunkard, nor shall the licensee, his employee or agent permit
profanity, rowdiness, undue noise, or other disturbances or activity offensive to
the senses of the average citizen, or to residents of the neighborhood in which the
licensed premises is located. It is alleged that the licensee has violated the
provisions of this regulation during the following incidents.
A. It is alleged that on or about January, 2000, to the present date, the
licensee, employee or agent of the licensee failed to conduct the licensed
premises in a decent, orderly and respectable manner and permitted
rowdiness, undue noise, or other disturbances or activity offensive to the
senses of the average citizen, or to the residents of the neighborhood in
which the licensed establishment is located. Following is a brief synopsis
of events.
On or about March 4, 2000, Colorado State Trooper J. Peters assisted
breaking up a fight at the Club Romance in Lucerne. For more details
refer to CSP trooper J. Peter's report 003A00305.
On or about February 5, 2000, Pedro Miguel Estrada(DOB 10-23-71)
became intoxicated in the bar stumbling and slurring his speech. Estrada
was kicked out and later detained by the security guard. For further details
refer to WCSO Deputy Mark Johnson, CR WC000558.
On or about April 14, 2000, A fight broke out inside the bar. The
individuals were "kicked out" of the establishment and preceded to
vandalize vehicles in the parking lot. For further details refer to WC
Deputy John Hooley's report CR0001716
On or about April 15, 2000, a fight broke out inside the bar between two
Juvenile females. For further details refer to WCSO Deputy Joshua
Noonan"s report CR0001719.
On or about June 6, 2000, a third degree assault occurred on the licensed
premises between two family members. For further details refer to WCSO
Deputy John Hooley's report CR 0002835.
On or about July 7, 2000, an assault occurred in the parking lot on an
apparently intoxicated individual. For further details refer to WCSO
Deputy John Hooley's report CR 0003199.
On or about July 23, 2000, a fight broke out inside the bar between two
patrons. One of the patrons was believed to have caused at least five
altercations in the past. For further details refer to WCSO Deputy Mark
Johnson's report CR 0003470
On or about August 12, 2000, Omar Guzman Ramos became intoxicated
and asked to leave. An ensuing fight with security guards, who again
failed to press any charges. For further details refer to WCSO Deputy
Mark Johnson's report CR 0003814.
On or about August 12, 2000, an Eaton Police officer viewed a vehicle
leave the parking lot of Cub Romance driving north in the southbound
lanes of Hwy. 85. The driver was found to be driving under the influence.
For more details refer to CSP trooper J. Peters's report 003A01200.
On or about August 20, 2000, Hector David Alvarado-Zuniga was hit over
the head with a beer bottle, while inside the establishment. Again, no
charges were filed. For further details refer to WCSO Deputy Michael
Stark's report CR 0003946.
On or about August 20, 2000, a Rodolfo Apodaca-Guadarama was
observed pulling out of the parking lot of the Club Romance and
On or about September 17, 2000, an alleged controlled substance
(cocaine) occurred on the licensed premises. For further details refer to
WCSO Deputy Mark Johnson's report CR 0004393.
On or about October 1, 2000, The establishment was found to be in
violation of several fire code regulations, as well as overcrowded. For
further details refer to WCSO Deputy Joshua Noonan"s report
CR0004661. Also refer to Eaton Fire Protection District's letter to the
owner of the establishment dated December 2, 2000.
On or about October 21, 2000 a third degree assault occurred on the
licensed premises. Dario Vasquez was hit over the head by a beer bottle.
For further details refer to WCSO Deputy Richard Condreay's report CR
0005148.
On or about October 22, 2000, a fight broke out inside the establishment,
which later involved the manager Manuel Manriquez and Tom Rizo.
Again the establishment failed to press any charges. For further details
refer to WCSO Deputy Mark Johnson's report CR 0005006.
On or about October 28, 2000, an argument that started in side the
establishment was pushed outside the bar into the parking lot. There a
major fight broke out involving several patrons. Again the establishment
failed to press any charges. For further details refer to WCSO Deputy
Gregory Broswell's report CR 0005127.
On or about November 6, 2000, an assault occurred on the licensed
premises involving a security guard and Roberto Meraz. For further details
refer to WCSO Deputy Ronald Richardson's report CR 0005296.
III. Pursuant to 12-47-901 (5)(h), CRS, it shall be unlawful for any person licensed
to sell at retail pursuant to this article, to fail to display at all times in a prominent
place a printed card with a minimum height of fourteen inches and a width of
eleven inches with each letter to be a minimum of one-half inch in height, which
shall read as follows:
WARNING: IT IS ILLEGAL TO SELL WHISKEY, WINE, OR BEER
TO ANY PERSON UNDER TWENTY-ONE YEARS OF AGE AND IT
IS ILLEGAL FOR ANY PERSON UNDER TWENTY-ONE YEARS OF
AGE TO POSSESS OR ATTEMPT TO PURCHASE THE SAME.
IDENTIFICATION CARDS WHICH APPEAR TO BE FRAUDULENT
WHEN PRESENTED BY PURCHASERS MAY BE CONFISCATED
BY THE ESTABLISHMENT AND TURNED OVER TO A LAW
ENFORCEMENT AGENCY. IT IS ILLEGAL IF YOU ARE OF AGE
OR OLDER FOR YOU TO PURCHASE WHISKEY, WINE, OR BEER
FOR A PERSON UNDER TWENTY-ONE YEARS OF AGE.
FINES AND IMPRISONMENT MAY BE IMPOSED BY THE COURTS
FOR VIOLATION OF THESE PROVISIONS.
A. It is alleged that on or about December 12, 2000, Licensee failed to
display within its licensed premise the aforementioned printed
card.
IV. Pursuant to 12-47-401 (4)(a), the licenses provided pursuant to this article and
article 46 of this title shall specify the date of issuance, the period, which is
covered, the name of the licensee and the premises. The license shall be
conspicuously placed at all times on the licensed premises, and all sheriffs and
police officers shall see to it that every person selling alcohol beverages within
their jurisdiction has procured a license to do so.
A. It is alleged that on or about December 12, 2000, the licensee
failed to have any of its licenses conspicuously placed on the
licensed premises.
V. Pursuant to Regulation 47-302.A, 1 C.C.R. 203-2, after issuance of a license,
the licensee shall make no physical change, alteration or modification of the
licensed premises which materially or substantially alters the licensed premises
from the plans and specifications submitted at the time of obtaining the original
license without prior written consent of the local and state licensing authorities.
A. It is alleged that after the license was issued, the licensed premises
was altered or modified without prior written consent of the local
and state licensing authorities.
VI. Pursuant to 12-47-907, CRS, there shall be no property rights of any kind in
alcoholic liquors, vessels, appliances, fixtures, bars, furniture, implements,
wagons, automobiles, trucks, vehicles, contrivances, or other things or devices
used in or kept for the purpose of violating any of the provisions of this article.
A. It is alleged that the following items seized on or about December
12, 2000, were kept in violation of the provisions of this article.
All of the following contained insects:
1. 750 ml., 1/3 full of Sauza Tequila
2. One liter, 2/3 full of Justerin and Brooks Scotch Whisky
3. One liter, % full of Mr. Boston Apricot Brandy
4. One liter, 1/3 full of Dekuyper Spearmint Schnapps
5. One liter, 11/4 full of Claymore Scotch Whisky
6. 1.75 liter, 1/3 full of Canadian Club Whisky
7. One liter, 2/3 full of Bacardi Select Puertorican Rum
8. One liter, 1/4 full of Dekuyper Blueberry Rum
9. 1.75 liter, 3/4 full of Blackvelvet Canadian Whisky
VII. Pursuant to 12-47-701, CRS, each licensee shall keep a complete set of
books of account, invoices, copies of orders, shipping instruction,bills of
lading,weigh bills, correspondence, and all other records necessary to
show fully the business transactions of such licensee, all of which shall be
open at all times during business hours for the inspection and examination
of said state licensing authority or its duly authorized representatives. The
state licensing authority may require any licensee to furnish such
information as it considers necessary for the proper administration of this
article, and may require an audit to be made of such books of account and
records on such occasions as it may consider necessary by an auditor to be
selected by said state licensing authority who shall likewise have access to
all books and records of such licensee, and the expenses thereof shall be
paid by said licensee.
A. It is alleged that on or about December 12, 2000, Licensee did not
have adequate books and records to fully show daily transactions.
On December 22, Licensee's agent, Ruben Rodriguez admitted to
Investigator Sauter that he did not have cash register tapes or door
receipts, and did purchase over five hundred dollars from retail
liquor stores.
VIII. Pursuant to 12-47-412 (2)(a) Tavern License, Every person selling malt,
vinous, and spirituous liquors as provided in this section shall purchase
such malt, vinous and spirituous liquors only from a wholesaler licensed
pursuant to this article: except that any person selling malt, vinous, and
spirituous liquors as provided in this section may purchase not more than
five hundred dollar's worth of such malt, vinous, and spirituous liquors
during a calendar year from a retail liquor store.
A. It is alleged that the licensee has purchased in excess of five
hundred dollars during the past calendar year, as admitted by
Ruben Rodriguez, agent for the licensee.
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