HomeMy WebLinkAbout941658.tiff 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-Tern
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,apublic 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 Profitt 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
941658
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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 amended motion,
which carried unanimously. The motion, as amended,also carried unanimously.
This Certification was approved on the 4th day of January, 1995.
,/ I ,/ APPROVED:
ATTEST L4 ./,h7/ // BOARD OF COUNTY COMMISSIONERS
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Deputy CI rk to the Boardd
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Dale 'Hall, Pro- a ,.
TAPE#9449 AND#94.30 1 %,
/Georg�Baxter /�!
Constance L. Harbert
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Barbara J. Kirk yer 1.O
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