HomeMy WebLinkAbout940365.tiff RESOLUTION
RE: HEARING TO DETERMINE WHETHER OR NOT TO ENTER INTO A STIPULATION WITH THE
APPLICANT FOR THE RENEWAL OF THE TAVERN LIQUOR LICENSE - HENRY L. WALKER,
DBA BEARS SPORTS SALOON
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 of Weld County, Colorado, held
a public hearing on April 18, 1994, at the hour of 11:00 a.m. in the Chambers of
the Board for the purpose of determining whether or not to enter into a
Stipulation with Henry L. Walker, dba Bears Sports Saloon, 2519 8th Avenue,
Greeley, Colorado 80631-3859, for the renewal of the Tavern Liquor License, with
extended hours, and
WHEREAS, the applicant, Henry L. Walker, and his Attorney, Charles Dickson,
were present at said hearing, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the
recommendations of the Weld County Attorney's Office and all of the exhibits and
evidence presented in this matter and, having been fully informed, finds that
said Stipulation and Agreement shall be approved.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Stipulation and Agreement by and between Henry L.
Walker, dba Bears Sports Saloon, 2519 8th Avenue, Greeley, Colorado 80631-3859,
and the Board of County Commissioners of Weld County, Colorado, be, and hereby
is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said Stipulation and Agreement.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 18th day of April, A.D. , 1994.
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD C/ UnI TY, CO RADO
Weld County Clerk to the Board Ckit(] 4/(12,611) /0
�• L ebster, ai n
BY: C IPM t �),� tDolti
Deputy C rk to the Board Dale . Ha 1, ro em
PROVE AS TO FORM: 4FtanceL. H::ber?V
� i�
Counttoey
/ Barbara J. Kirkm er
940365
'CZ-0(M ; r
HEARING CERTIFICATION
DOCKET NO. 94-35
RE: HEARING TO DETERMINE WHETHER OR NOT TO ENTER INTO A STIPULATION WITH
THE APPLICANT FOR THE RENEWAL OF THE TAVERN LIQUOR LICENSE - HENRY L.
WALKER, DBA BEARS SPORTS SALOON
A public hearing was conducted on April 18, 1994, at 11:00 a.m. , with the
following present:
Commissioner W. H. Webster, Chairman
Commissioner Dale K. Hall, Pro-Tem
Commissioner George E. Baxter
Commissioner Constance L. Harbert
Commissioner Barbara J. Kirkmeyer
Also present:
Acting Clerk to the Board, Shelly Miller
Assistant County Attorney, Lee Morrison
The following business was transacted:
I hereby certify that pursuant to a notice dated March 28, 1994, and duly
published April 7, 1994, in the Windsor Beacon, a public hearing was
conducted to determine whether or not to enter into a Stipulation with
Henry L. Walker, dba Bears Sports Saloon, for the renewal of the Tavern
Liquor License. Lee Morrison, Assistant County Attorney, made this a
matter of record. He indicated the Board has been provided with a copy of
the Stipulation and Agreement which was executed by Mr. Walker. The
County Attorney's Office has reviewed said stipulation and found it to be
satisfactory, and Bruce Barker, County Attorney, has also signed it.
Charles Dickson, Attorney, represented the applicant and stated Mr. Walker
volunteered to enter into the stipulation. He noted that one of the
employee's cases had subsequently been dismissed, which was in favor of
the employee. No public testimony was offered concerning this matter. At
the request of Commissioner Harbert, Mr. Walker stated for the record that
he agreed with the stipulation. Commissioner Hall stated Mr. Walker
should be applauded for entering into the agreement and his cooperation
and ability to work with the Sheriff's Office. Commissioner Hall then
moved to enter into the abovementioned Stipulation and Agreement with
Henry L. Walker, dba Bears Sports Saloon, for the renewal of the Tavern
Liquor License. The motion was seconded by Commissioner Kirkmeyer, and it
carried unanimously.
This Certification was approved on the 20th day of April, 1994.
ida/teh BORDVOD:
ATTEST: BOARD OF COUNTY COMMISSIONERS
WELMer, ha&
, CO ORADO
Weld Count Clerk to the Board Z
X4 d
Deputy Cler�to the Board
Dale/IX-11, ro m
TAPE #94-21
c-
Geo E. Baxter
DOCKET #94-35 /
40--or.,--0 J /,f0401'
Con tance L. Harbert
LCOOO9
, Barbara J. Kirk yer
940365
NOT I C E
DOCKET NO. 94-35
Pursuant to the Colorado Liquor Code and Weld County Ordinance No. 102-A, a
public hearing will be held in the Chambers of the Board of County Commissioners
of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First
Floor, Greeley, Colorado, at the time specified below. All persons in any manner
interested in the matter are requested to attend and may be heard.
BE IT ALSO KNOWN that the text of the proposed Stipulation may be examined in the
office of the Clerk to the Board of County Commissioners, located in the Weld
County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado.
APPLICANT: Henry L. Walker
dba Bears Sports Saloon
2519 8th Avenue
Greeley, Colorado 80631
DATE: April 18, 1994
TIME: 11:00 a.m.
REQUEST: Hearing to determine whether or not to enter into a Stipulation with
the applicant for the renewal of the Tavern Liquor License.
ISSUES: Whether or not the Board of County Commissioners should enter into
a Stipulation for the renewal of the Tavern Liquor License at Bears
Sports Saloon, or set the matter for hearing to determine if there
is good cause for refusal to renew said license.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: DONALD D. WARDEN
WELD COUNTY CLERK TO THE BOARD
BY: SHELLY K. MILLER
DEPUTY CLERK TO THE BOARD
DATED: March 28, 1994
PUBLISHED: April 7, 1994, in the Windsor Beacon
940365
N O T I C F AFFIDAVIT OF PUBLICATION
DOCKET NO.94-35
STATE OF COLORADO
Pursuant.. to the_Cgtloredo -
Liquor 14.17-4.1. WA* SS
County ColonsMo I COUNTY OF WELD
A.a public MrNp we
'held;n Me CMrtlbele et Me.
Board of County. I, ROGER A. LIPKER, of said County of Weld, being duly
'Commissioners of Weld sworn,say that I am publisher of
County, Colorado, Weld.
County Centennial Center.'
915 10th Street,First Floor, WINDSOR BEACON
Greeley,Colorado,at the
time specified below. All
persons in any manner a weekly newspaper having a general circulation in said
interested in the matter are
requested lo attend and may I County and State, published in the town of WINDSOR, in
I be heard. said County and State; and that the notice, of which the
BE IT ALSO KNOWN that annexed is a true copy, has been published in said weekly
the text of the proposed
Stipulationfor / successive weeks, that the notice was
Ship may be
examined in the o8;ce of the published in the regular and entire issue of every number of
Come o sionerrBoas,"lo County
the paper during the period and time of publication, and in
the .915 Co t 1y Cen
tennial
tr
S eStreet,eet,
Centter, the newspaper proper and not in a supplement, and that
Center.Floor, Greeley, the first publication of said notice was in said paper bearing
Colorado. 4 date of the �,/
APPLICANT: Henry L. he day of �an A.D., 199 and the
dba Walker last publication ring the date of the
251 Beers Sports Se
2519 8th Avenue,Greeley,
day of A.D., 19_ and that
Colorado 80631 _
the said WINDSOR BEACON has been published
DATE:April 18,1994 continuously and uninterruptedly for the period of 5
TIME:11:00 a.m. consecutive weeks, in said County and State, prior to the
REOUEST: Hearing to date of first publication of said notice, and the same is a
determine whether or not to newspaper within the meaning of an Act to regulate printing
enter into a Stipulation with
theapphcant for the renewal of legal notices and advertisements, approved May 18,
of the Tavern Liquor 1931, and all prior acts so far as in force.
License. /,�
Boar ISSUES:Whether not utiny
Board of for
Commissleners should enter - J
—
ietone a of the
tionTavern
for the PUB ISHER
renewal of Me Tavern Liquor
License al Beers Sports �2
Sebon,or set Ure made for Subscribed and sworn to before me this u' day of
Is o determine a to 19 qy
re good cause for refusal to.
renew said license.
BOARD OF COUNTY et6 J
COMMISSIONERS �l / ` rT1792A —_
WELD COUNTY, NOTARY PUBLIC
COLORADO
BY:DONALD D.WARDEN My commission expires 7" i'- %� '�9 `�f" •
WELD COUNTY CLERK TO L j
THE BOARD '
BY:SHELLY K.MILLER
DEPUTY CLEI Ic TO THE
BOARD
DATED:MIS,{e,ieee
IPUBLIC AS 7,ley
In Um Mods:Srteela
a
940365
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD,
COLORADO
STIPULATION AND AGREEMENT
IN THE MATTER OF:
RENEWAL APPLICATION FOR:
HENRY J. WALKER
d/b/a BEARS SPORTS SALOON
2519 8th Avenue
Greeley, Colorado 80631-3859
Weld County, Colorado
THIS STIPULATION AND AGREEMENT, by and between Henry J.
Walker, d/b/a Bears Sports Saloon, 2519 8th Avenue, Greeley,
Colorado 80631-3859 , (hereinafter referred to as "Bears") and the
Board of County Commissioners of Weld County, Colorado (hereinafter
referred to as "Board" ) , is offered for the purpose of settlement
of matters detailed in the Resolution of the Board dated March 28,
1994 . This matter is set for hearing before the Board on April 18,
1994 at 9 a.m. for the purpose of determining if there is good
cause not to renew the tavern liquor license held by Bears at the
above-stated address . The parties hereto have entered into this
Stipulation and Agreement for the purpose of settling all issues to
be heard. For their Stipulation and Agreement, the parties state
as follows :
1 . That on March 23, 1994 , and as clarified on March 28,
1994 , the Board determined that probable cause exists to believe
Page 1 of 6 Pages
940365
there is sufficient evidence "showing excessive noise, rowdiness,
or disturbances on a continuous basis in the immediate area of the
licensed premise which has been substantially a result of the
operation of the licensed premise. " Such evidence may be
considered by the Board at hearing to determine if good cause
exists to not renew the tavern liquor license, pursuant to the
Colorado Liquor Code and Weld County Ordinance 102-A.
Specifically, the Board reviewed a list of eight incidence reports
relating to Bears . In two of the incidences, an employee of Bears
was cited by law enforcement authorities for assaults on patrons at
the tavern. The other incidences included situations wherein the
Weld County Sheriff 's Office was called to the licensed premises to
respond to various complaints, such as theft from an auto, assault
between patrons , and disturbances . These other incidences were
properly reported to the Weld County Sheriff ' s Office.
2 . That Bears specifically contests whether any of the
incidences reported to the Board provides probable cause of
"excessive noise, rowdiness, or disturbances on a continuous basis
in the immediate area of the licensed premise which has been
substantially a result of the operation of the licensed premises"
to give rise to a consideration by the Board if good cause exists
not to renew the liquor license, pursuant to the Colorado Liquor
Code and Weld County Ordinance 102-A. Bears acknowledges that two
of the incidences reported to the Board ( 10-26-93 and 12-11-93)
Page 2 of 6 Pages
940365
involved an employee of Bears Sports Saloon in which the employee
used force to physically extricate patrons from the tavern, with
the employee being cited by law enforcement officials for assault
upon complaints by the patrons involved. These cases are currently
being contested by the employee in the Weld County Court. Bears
further acknowledges , however, that after the two incidences
involving the alleged assaults, the employee was counselled about
the proper method by which he is to extricate unruly patrons from
the bar. The employee involved is currently on a probationary
status .
3 . That as the liquor licensing board for the County of
Weld, Colorado, the Board of County Commissioners is concerned
about the safety and welfare of all persons who may patronize
liquor license establishments in Weld County, including, but not
limited to, Bears . As a tavern owner, Henry Walker is concerned
about the safety and welfare of the persons who patronize his
liquor licensed establishment and of his employees .
4 . That Bears has in the past and plans in the future to
have at the tavern, during business hours, sufficient security
personnel to avoid and neutralize disturbances caused by unruly
patrons . Specifically, on those evenings in which large numbers of
individuals are drawn to the tavern as a result of entertainment
offered therein ( i .e. Karaoke night, Monday Night Football, etc. ) ,
Page 3 of 6 Pages
940365
Bears will continue to post two security personnel at the main
door, three persons behind the bar, and two servers . All current
employees have been and all future employees will be trained in
identifying and dealing with potentially disruptive situations .
5 . That Bears will continue to require all employees of the
tavern to complete the "Tips for Servers" program offered by
Anheuser-Busch Brewing Company (or a similar program offered by
another company) . Said program teaches employees of liquor
licensed establishments to identify troublesome situations and
effectively deal with them.
6 . That Bears will continue to work closely with the Weld
County Sheriff ' s Office on various aspects of its liquor license.
Specifically, Bears will arrange for a time within the next
fourteen ( 14 ) days in which its employees will meet with deputies
from the Weld County Sheriff ' s Office. Said meeting will include
the opportunity for the bar employees and the Weld County Sheriff' s
deputies to become acquainted. Thereafter, Bears will ask the
Sheriff ' s Office to conduct such a meeting at a minimum of two
times per year. Additionally, Bears will request the Weld County
Sheriff ' s Office to conduct a meeting with Bears employees within
the next sixty ( 60) days to teach the employees how to de-escalate
potentially violent and/or disruptive situations . Bears has
requested covert observations by the Weld County Sheriff ' s Office
Page 4 of 6 Pages
940365
to occur in the tavern on a quarterly basis . The covert
observations are designed to provide Henry Walker with information
relating to potential problems and/or violations which the
undercover officers may observe and which will then be addressed
and corrected by Bears based upon recommendations by the Sheriff ' s
Office. Bears welcomes members of the Weld County Sheriff ' s Office
to make periodic "walk throughs" at the bar. Finally, Henry Walker
agrees to volunteer his time to assist the Weld County Sheriff ' s
Office in establishing a protocol on how to work with liquor
licensed establishments in the license renewal process . Such
protocol will enable the Sheriff ' s Office to effectively
communicate with liquor licensed establishments prior to their
renewal dates about any incidence reports and/or problems which
will then be forwarded to the Board for consideration at renewal
hearings . The communication is intended to assist both the
Sheriff ' s Office and the licensee in determining which incidences
may be categorized as being violations of the Colorado Liquor Code
and/or Weld County Ordinance 102-A and which incidences may be
categorized as proper requests for help from the Sheriff ' s Office
when disruptive and/or criminal situations occur.
7 . That Bears will continue to participate in the designated
driver program. In particular, Bears will provide soft drinks to
designated drivers . The tavern has in the past and will continue
in the future to call taxis for visibly intoxicated patrons .
Page 5 of 6 Pages
940365
8 . That the Board will contemporaneously with the adoption
of this Stipulation renew the Tavern Liquor License of Henry J.
Walker, d/b/a Bears Sports Saloon, 2519 8th Avenue, Greeley,
Colorado 80631-3859 .
THIS STIPULATION AND AGREEMENT of the parties is signed this
/sit- day of i t, , 1994 .
LICE SEE: /72Hen Wa ker
d/b/ ears Sports Saloon
ATTEST: 0444/� '„44/ 4 7 BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY, COLORADO
CLERK TO THE BOARD OF
� i
COUNTY COMMISSIONERS l//,e TOO iv t r
W. 4'Webster, Chairman 0 ao/gel
,
BY: pl nn C„
Deputy e to the Board
APPRO S TO FO BSTANCE:
ardtt T. Barker I
Weld County Attorney
d/b/a Bears Sports Saloon
sbears.gjb
Page 6 of 6 Pages
940365
?I `, OFFICE OF COUNTY ATTORNEY
ft qP 1\y PHONE(303)356-4000 EXT.4391
R`�\ "PR P.O. BOX 1948
GREELEY, COLORADO 80632
WI C.
COLORADO April 13, 1994
Chuck Dickson, Esq.
821 9th Street, # 101
Greeley, CO 80631
RE: Time for Hearing on April 18 ,
1994 for Henry Walker, d/b/a
Bears Sports Saloon
Dear Chuck:
Enclosed please find a corrected Notice for the hearing to take
place on April 18, 1994 for the renewal of the liquor license for
Henry Walker, d/b/a Bears Sports Saloon. The Notice which I
brought to you on Wednesday, April 6 , 1994 stated that the time was
to be 10 a.m. Unfortunately, I was incorrect in my dictation of
the Notice, and the correct time for the hearing is 11 a .m.
Also enclosed is the notice from American Eagle Distributing
Company and its envelope which Mr. Walker left with me on March 28,
1994 .
It is my understanding that Mr. Walker stopped by the Clerk to the
Board ' s Office and delivered the signed Stipulation to them this
morning (April 13 , 1994 ) .
I will be out of town on Monday, April 18, 1994 . The hearing will
be handled by Lee Morrison, Assistant Weld County Attorney. I have
talked with Lee about all of the particulars of the case . If you
have any questions regarding the proposed Stipulation or the
hearing on the Stipulation which will take place on April 18, 1994 ,
please feel free to call Lee at 356-4000, Extension 4391 .
Thank you for your attention to this matter.
Very ruly yours,'
1
rB "uce T. Barker
Weld County Attorney
BTB/gb:dickson
Enclosures
pc Lee Morrison
Clerk to the Board ✓ 940365
American Eagle Distributing Co.
211 30th Street, Greeley, CO 80631
2155 Midpoint Dr., Ft. Collins. CO 80525 (303)352-8161, FAX(303) 352-0137 17171 Road 21, Ft. Morgan. CO 80701
(303)493-4746, FAX(303)493-0568 (303)867-2411, FAX(303)867-4614
TIPS FOR SERVERS
Anyone in the alcohol industry
today, as an employer or em-
Its o ployee, must be aware of the message
from the courts and the public
' ..
concerning serving intoxicated
1 ..)
customers and drunk driving.
' T.I.P.S. , Training of Intervention
•reel\
Procedures for Servers of Alcohol,
I - � is an alcohol server training which
1Y_r has been very successful at reducing •
��` the risk of over-service of customers.
�
in-
n
program is recognized by the in-a" surance industry and many companies
now offer lower liability rates
ik to owners where employees have been
eir . TIPS trained. A server training
program is most effective when there
is a team effort between management
and staff on dealing with problems
and setting written guidelines and
policies. Classes are being offered
for on-premise and off premise establish-
ments. The classes cover information
about the effect of alcohol, how to identify troublesome situations and
effectively deal with them. Employees must pass a written test to be
certified. To get more information, please call Georgia Jarboe, Certified
TIPS Trainer, American Eagle Distributing Co at 352-8161 or 352-6741.
Budweiser • Bud Light • Bud Dry • Michelob • Michelob Light • Michelob Dry • Michelob Classic Dark 940365
• Busch • Busch Light • Natural Light • Carlsberg • Elephant Mall • King Cobra • O'Doul's
RESOLUTION
RE: ACTION OF BOARD CONCERNING RENEWAL OF TAVERN LIQUOR LICENSE, WITH EXTENDED
HOURS, FOR HENRY L. WALKER, DBA BEARS SPORTS SALOON
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 §12-47-106(1) (b) , CRS, and Weld
County Ordinance No. 102-A, may cause a hearing to be held on the application for
renewal of any liquor license previously issued by it, and
WHEREAS, Henry L. Walker, dba Bears Sports Saloon, holds a Tavern Liquor
License, with extended hours, to sell malt, vinous, and spirituous liquors, by
the drink for consumption on the premises only, said license was approved by the
Board and expires May 18, 1994, and
WHEREAS, the Board did receive a list of incidence reports from the
Greeley/Weld County Criminal Justice Records relating to Bears Sports Saloon,
2519 8th Avenue, Greeley, Colorado 80631, and
WHEREAS, at a public Board meeting on March 23, 1994, the Board deemed it
advisable to schedule a renewal hearing for Henry L. Walker, dba Bears Sports
Saloon, and
WHEREAS, at a public Board meeting on March 28, 1994, and pursuant to the
hereinabove stated Liquor Code and/or Ordinance, the Board clarified its finding
of probable cause to believe the following factor exists:
1. Evidence showing excessive noise, rowdiness, or disturbances on a
continuous basis in the immediate area of the licensed premise which
has been substantially a result of the operation of the licensed
premise.
WHEREAS, the Board based its finding of probable cause upon information
that an emplyee of the tavern was involved in certain physically disruptive
incidences at the tavern, two of which resulted in criminal charges being pressed
against the employee.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that a hearing concerning the renewal of the Tavern Liquor
License, with extended hours, issued to Henry L. Walker, dba Bears Sports Saloon,
shall be held on April 18, 1994, at the hour of 11:00 a.m.
BE IT FURTHER RESOLVED by the Board that Henry L. Walker, licensee, shall
post the premises advising of said hearing at least ten days in advance of the
hearing.
940294
4-‘ ,-, r- 4 ", . 940365
RE: SET RENEWAL HEARING FOR TAVERN LIQUOR LICENSE - BEARS SPORTS SALOON
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 28th day of March, A.D. , 1994.
/01
�y /Q/ BOARD OF COUNTY COMMISSIONERS
ATTEST: I� I 1144 WELD COUNTY, CO OR DO
Weld County Clerk to the Board d/t
W. . Webster, Ch irman
BY: lI
Deputy Cl to the Board Dal . Hall, P -Tem
APPRO AS TO FORM:' �9yS
.///Geo g2E. Baxter
-r-/ /INAQ-1.z� // ,,.
County Att rney Co stance L. Harbert
AEA-
Barbara J. Kirkmeye,��
940294
DICKSON AND DICKSON, P.C.
ATTORNEYS AT LAW
821 9TH ST., SUITE 101
GREELEY, COLORADO 80631
PHONE(303)356-5666
FAX#(303)356-8967
CHARLES BROWN DICKSON
JANET MEYER DICKSON March 25, 1994
Mr. Bruce Barker
Assistant County Attorney
P O Box 1948
GLeeley, Colorado 80632
Re: Liquor License Renewal - Bears Sports Saloon
April 1, 1993 through March 8, 1994
Dear Bruce:
I was very confused by the procedure that occurred with the County
Cannissioners on March 23, 1994. I realize that the Board was presented with an
assertion that there,was supposedly nine incidents that had occurred within the
last year that were unfavorable to the renewal of Henry Walker's liquor license.
As you know, other than being provided with a listing of the alleged events, we
were not provided with the police reports until the hearing was in proyiess. I
didn't have a chance to review them prior to the hearing.
I also want the board to understand my comments made at the end of
the hearing when the Board made a decision to go to what I believe is an
inappr_vpriate show cause hearing. Such a hearing necessitates sane procedural due
process, at the very least, consisting of an itemization of how the Board
believes these incidents give rise to a determination that good cause exists not
to renew the liquor license. I have reviewed all of the incidents and I believe
that many of than are totally unrelated to the issue of renewal at all and even
a couple of the incidents are a credit to the bar's employees who not only
function in an appropriate manner, but for which they should be axmmended, not
threatened with loss of license. That includes an incident with Mr. Noblitt,
where he refused to serve a visibly intoxicated individual and from the eye
witness accounts, remved the individual from the bar in an appropriate manner,
being physically assaulted in the process by the disgruntled paLiiam yet not
reacting violently in retaliation. What is significant to note, is that this
event occurred after Mr. Walker placed Mr. Noblitt on probation and of course
gave him a pretty stern lecture on what was acceptable behavior in removing
patrons from the establishment. That lecture included not engaging in any
physical retaliation, self-defense, or otherwise. Of the only two events that may
possibly have bearing, both are subject to ongoing litigation in the Weld County
Courts which have yet to determine if in fact, anyone was assaulted. If an
assault occurred, it has never been alleged that Mr. Walker assaulted anyone, and
if I'm not mistaken, in only one of those cases, is it even suggested that an
assault occurred by an on-duty employee of the bar.
Unless an individual has been in the bar business, I dare say they
would have a hard time appreciating haw seriously bars take protection of their
patrons in providing a safe and canfortable atmosphere in which to enjoy a serial
occasion. Bears Sports Saloon is no different. We don't attract customers by
presenting an atmosphere where bottles are flying through the air, or a person
may be hit or assaulted, or caught in a disturbance. It is quite to the contrary.
940365
The goal of Bears Sports Saloon is to provide an enjoyable social outlet for
appropriately aged individuals. Bears does everything in its power to insure a
safe environment. That was the purpose in having people available, such as Mr.
Noblitt, over the past many years - to break up disturbances before they occur.
Because,. of the assertion that various employees, whether on-duty or off, had
allegedly assaulted patrons. Henry Walker instituted a procedure in the middle
of December, which ,absolutely forbid any employee from retaliating in any
physical manner, regardless of what occurred to them. Employees were reminded
that there main job, if they saw an incident arising, was to assess the severity
of the incident; if the incident required the potential intervention of police
authorities, to immediately call those authorities; and, in the interim do
everything possible to separate the parties involved, or to de-escalate the
tension that exists. On almost all occasions, our employees are able to talk
people out of the bar or in leaving the bar. Only rarely are they required to
actually physically touch or direct an individual to the door. That has occurred
on occasion. As I have explained above, no longer d0 we even allow than to
protect themselves in self-defense. Henry Walker is well aware of the necessity
of providing a safe environment. It is the basis by which he enjoys a continued
and prosperous clientele. He has enjoyed that clientele for 20 years and for 19
of those years, he has never even been *sired to appear at the time of a liquor
renewal, because no incidents have arisen. He must have been doing something
right over these past many years. Again, I suggest that a close reading of the
incidents involved will show that he has continued to do something right during
the year 1993.
In conclusion therefore, I would appreciate the courtesy, as I
believe it is procedurally required, of being informed as to the basis the Board
feels exists to conclude that good cause may exist for the non-renewal of this
license.
I thank you in advance for your consideration.
S' ly,
G e
Charles B. Dickson
CBD/dmc
cc: Henry Walker
940365
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