HomeMy WebLinkAbout941312.tiff RESOLUTION
RE: ACTION OF BOARD AT HEARING TO DETERMINE IF PROBABLE CAUSE EXISTS
NOT TO RENEW TAVERN LIQUOR LICENSE,WITH EXTENDED HOURS - HELEN AND
ISAURO CHAVEZ, DBA EL ROJO LOUNGE
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 12-47-106(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, Helen and Isauro Chavez, dba El Rojo Lounge, hold 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 said license being previously approved by the Board and expiring
on February 23, 1995, and
WHEREAS, the Board did receive information from the Weld County Sheriffs Office
regarding certain facts which could bring a reasonable person to believe the existence of one of
the factors stated in Ordinance No. 102-A and concerning El Rojo Lounge, 3101 Highway 119,
Longmont, Colorado 80501-9543, and
WHEREAS, at a public hearing on December 21, 1994, at 9:00 a.m., the Board deemed
it advisable to continue said matter to December 28, 1994, to allow the presence of the applicants'
attorney, and
WHEREAS, at said public hearing on December 28, 1994, at 9:00 a.m., the Board
considered evidence in the form of testimony and written reports which gave it probable cause to
believe that the following factors exist with respect to the El Rojo Lounge and thereby require the
scheduling of a renewal hearing pursuant to the procedures of Ordinance 102-A:
1. Excessive noise, rowdiness, and/or disturbances on a continual basis, as
well as numerous criminal complaints, in the immediate area of the premise,
and involvement in certain incidents by security guards employed at said
establishment, as listed in the attached Exhibit "A".
2. Possible sale of alcohol to under-age and/or intoxicated persons, in violation of the
provisions of Section 12-47-128, C.R.S.
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RE: SET RENEWAL HEARING FOR TAVERN LIQUOR LICENSE - EL ROJO LOUNGE
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that a renewal hearing concerning the Tavern Liquor License, with extended
hours, issued to Helen and Isauro Chavez, dba El Rojo Lounge, shall be held on January 30, 1995,
at 1:30 p.m., at which time the Board will consider evidence for the determination of whether or not
at least one of the four factors listed in Weld County Ordinance 102-A exists, and if so, if there is
sufficient evidence of the existence of any of the items listed in the "Phase II" portion of Ordinance
102-A which may exacerbate or ameliorate the situation.
BE IT FURTHER RESOLVED by the Board that Helen and Isauro Chavez, licensees, shall
post the premises advising of said hearing at least ten days in advance of the hearing.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 28th day of December, A.D., 1994.
BOARD OF COUNTY COMMISSIONERS
ATTEST: /011a4ch
WELD OUNTY, COLORADO
Weld County Clerk to the Board 9.5„), ,
W H. Webster, Ch irman
BY: 12i --�- 6 ..-tit �(
Deputy Clerk to h oard Dale K. Hall, Pro-Te
AP D AS TO FORM: �7/ ._�� <!
rGeorge Baxter
J
Cou orney
Cons nce L.
Harb Lt
Barbara J. Kirkmeyer
941312
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HEARING CERTIFICATION
RE: HEARING TO DETERMINE IF PROBABLE CAUSE EXISTS NOT TO RENEW
TAVERN LIQUOR LICENSE, WITH EXTENDED HOURS - ISAURO AND HELEN
CHAVEZ, DBA EL ROJO LOUNGE
A public hearing was conducted on December 28, 1994, at 9:00 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
County Attorney, Bruce Barker
The following business was transacted:
I hereby certify that pursuant to a notice dated December 9, 1994, and duly mailed to the
applicant on December 10, 1994, a public hearing was conducted on December 21, 1994,
at 9:00 a.m., to determine if Probable Cause exists not to renew the Tavern Liquor License,
with extended hours, for Isauro and Helen Chavez, dba El Rojo Lounge. At said hearing
on December 21, 1994, the matter was continued to December 28, 1994, at 9:00 a.m., at
the request of Bob Ray, applicants' attorney. At said hearing on December 28, 1994, Bruce
Barker, County Attorney, made this a matter of record and noted said liquor license expires
February 23, 1995, and the renewal application was received November 28, 1994. He
explained the probable cause hearing was set to determine if any of the four factors in
Ordinance No. 102-A exist and stated a letter of notification and a copy of all documents
received from the Sheriffs Office were sent to the applicants on December 10, 1994. Mr.
Barker said additional documents were received and copies were mailed to the applicants'
attorney on December 19, 1994. Mark Profitt, Deputy Sheriff, confirmed all materials were
forwarded to the Board for its information and reviewed the incidents which have occurred
at said establishment. Deputy Profitt answered numerous questions from the Board and
confirmed the conditions attached to the liquor license last year were complied with;
however, the number of incidents has increased. At Mr. Ray's request, Helen Chavez,
applicant, summarized each incident and answered questions from the Board. (Changed
to Tape #94-50.) Ms. Chavez confirmed the establishment is open only three nights per
week and a Sheriffs deputy does routine bar checks each night. She noted most incidents
are domestic problems, which are brought into the establishment. Commissioner Harbert
stated the majority of the liquor licenses which are renewed do not have even one violation
and noted this establishment is open only three nights per week and has 17 reports;
therefore, something must be done. Deputy Proffitt stated regular bar checks are done at
all bars once per day; however, he spends the majority of time from 1:00 a.m. until closing
at this establishment and sometimes checks two or three times per night. He also clarified
only one incident remotely resembled domestic; most of the incidents are not domestic and
occur outside the bar, which are then brought into the bar. Brent Clayton, security guard,
explained each of the incidents in which he has been involved and noted most incidents are
handled personally by the security guards. He also answered questions from the Board
and stated he is working with the Sheriffs Office concerning the communication problem.
Commissioner Hall suggested security work more directly with the patrons for better
communication. Mr. Barker clarified Ordinance No. 102-A and read the reasons justifying
the setting of a show cause hearing into the record. Mr. Ray stated that nearly all the
patrons at the establishment are Mexican and they simply dance and drink at a bar in the
middle of nowhere. He noted there have been no complaints from anyone other than the
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RE: HEARING CERTIFICATION - CHAVEZ, DBA EL ROJO LOUNGE
PAGE 2
Sheriffs Office. Commissioner Kirkmeyer clarified the bar is right off Highway 119, three
miles from 1-25, and very near Del Camino; therefore, the area is traveled by many people
and is not remote. Commissioner Kirkmeyer stated sufficient evidence exists showing
excessive noise, rowdiness, or disturbances on a continual basis in the immediate area of
the premise, as detailed in Item #2 of Ordinance No. 102-A, and she moved to set a Show
Cause Hearing. The motion was seconded by Commissioner Baxter who stated he agrees
with Commissioner Kirkmeyer. After discussion concerning an acceptable date for all
parties, Commissioner Kirkmeyer included in her motion January 30, 1995, at 1:30 p.m. as
the hearing -date and time, and Commissioner Baxter agreed. Commissioner Hall
questioned whether other reasons could be included at the Show Cause Hearing, and Mr.
Barker clarified all reasons must be established at this hearing so that they may be duly
noticed for the Show Cause Hearing. Commissioner Hall moved to amend the motion to
include Item #1 of Ordinance No. 102-A since it is possible that under-age-and intoxicated
persons may have been served. Commissioner Kirkmeyer seconded the amendedmotion,
which carried unanimously. The motion, as amended, also carried unanimously.
This Certification was approved on the 4th day of January, 1995.
A A / APPROVED:
ATTEST:J J / l/ / t�/J n BOARD OF COUNTY COMMISSIONERS
�� llL4 /DIY�UL' yGf�i� WELD COUNTY, COLORADO
Weld County Clerk to a Board J ) ,d (A1)/4):71-2-7/1
By: ,/` --r-- W. H. Webster, airm nn
Deputy CI rk to theBoard `
Dale K Hall, Pro-Te ,.
TAPE #94-49 AND #94-50 / �:
George/E. Baxter
f /- y,.72.> 6-64 6,7
Constance L. Harbert
LC0019 AL
/
Barbara J. Kirkmeyer O
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