HomeMy WebLinkAbout911962.tiff r .
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P tr
t i OFFICE OF COUNTY ATTORNEY
` PHONE(303) 3564000 EXT. 4 391
P.O. BOX 1948
GREELEY,COLORADO 80632
II lip Cs
COLORADO
February 27 , 1991
CERTIFIED MAIL
Audon G. Vasquez
1225 1/2 4th Avenue
Greeley, CO 80631
RE : Answer to Question No . 27 on Individual History Record for
Tavern Liquor License
Dear Mr . Vasquez :
Enclosed please find copies of the following:
1 . The Individual History Record signed by you on September
7 , 1990 , which was part of your application for a Tavern
Liquor License Change of Ownership.
2 . A Disposition Sheet from the Federal Bureau of
Investigation which shows that you were convicted of a
crime in February, 1969 .
Please note that question number 27 on the Individual History
Record requires you to disclose whether or not you have ever been
convicted of a crime, fined, imprisoned, placed on probation,
received a suspended sentence, or forfeited bail for any offense in
a criminal or military court. In answer to that question you said
"no . " Given that the Disposition Sheet from the Federal Bureau of
Investigation does not correspond to the answer you gave to
question number 27 on the Individual History Record, the Board of
County Commissioners of Weld County, Colorado, desires you to
explain to the Board in written form why this discrepancy exists .
Please send your written response to : Bruce T. Barker, Assistant
Weld County Attorney, at P . O . Box 1948 , Greeley, Colorado 80632 .
911962
Audon G. Vasquez
Page 2
February 28 , 1991
If you should have any questions regarding this letter, please feel
free to call me at 356-4000 , Ext. 4391 .
Please send your response to me no later than March 13, 1991 .
Sincerely,
l ) - i
Bruce T. Barker
Assistant Weld County Attorney
BTB: rm
Enc .
xc : Gordon Lacy, Commissioner
Carol Harding, Deputy Clerk to the Board
MC.S7ER MASTER ., , tt[n
I-4 (Rev. 7-19-77)
3922 2-7—�
UNITED STATES DEPARTMENT OF JUSTICE
FEDERAL BUREAU OF INVESTIGATION
IDENTIFICATION DIVISION
WASHINGTON. D.C. 20537
Use of the following FBI record. NUMBER 291 930 G , is REGULATED BY LAW. It is furnished FOR
OFFICIAL USE ONLY and should ONLY BE USED FOR PURPOSE REQUESTED. When further explanation of arrest charge
or disposition is needed, communicate directly with the agency that contributed the fingerprints.
CONTRIBUTOR OF NAM[ AND NUMBER ARRESTED OR CHARGE DISPOSITION
FINGERPRINTS RECEIVED
SO Audon Vasquez 10-7-67 Assault (Warrant)
Greeley CO 36286
SO Audon Vasquez 2-L6-69 Disc & Resist F $15 C $5 10
Greeley CO 38042 arrest das susp
payment of fine
& costs & good
behavior for 1
yr
BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
DEPARTMENT: County Attorney DATE: February 26, 1991
PERSON REQUESTING: Bruce T. Barker
ATTACH A COPY OF ALL RELEVANT DATE (Reports, memos, letters, etc. )
BRIEF DESCRIPTION OF PROBLEM/ISSUE:
On September 24, 1990, the Board of County Commissioners granted a change of
ownership for a tavern/liquor license from June Faudoa, d/b/a La Garra, to Audon
G. Vasquez, d/b/a La Paloma. Attached you will find a copy of the Resolution
approving this change of ownership and a copy of Mr. Vasquez' Individual History
Record.
As part of any liquor license application, the applicant is required to provide
a complete set of fingerprints. The prints are taken by the Weld County
Sheriff's Office and transmitted to the Federal Bureau of Investigation and
Colorado Bureau of Investigation. Rarely do we receive back information that the
person has been convicted of any crime or is wanted pursuant, to arrest warrants.
Attached you will find a copy of the fingerprints and the disposition sheet.
These documents were sent to the Clerk to the Board's Office by the FBI and
concerning Audon Vasquez. Please note two things:
a. On Mr. Vasquez' Individual History Record, Item No. 27 asks if the
applicant has ever been convicted of a crime, fined, imprisoned, placed on
probation, received a suspended sentence, or forfeited bail for any
offense in criminal or military court. Mr. Vasquez said "no" to this
question.
b. The document sent to us by the FBI states that Mr. Vasquez was convicted
of disturbance and resisting arrest in 1969. He paid a find of $15.00
with court costs of $5.00 and was sentenced to ten days in jail. All of
this was suspended upon Mr. Vasquez' promise to behave properly for one
year.
The problem here is that Mr. Vasquez was not completely truthful in his personal
history. In that document, he signed under the statement that says "I declare
under penalty of perjury in the second degree that I have read the foregoing
application and all attachments thereto, and that all information therein is
true, correct, and complete to the best of my knowledge. "
WHAT OPTIONS EXIST FOR THE BOARD? (Include consequences, impacts, costs, etc. ,
of options) :
Before we get into the options, I might mention one specific provision of
Regulation 47-107.1 of the Colorado Liquor Code. Subparagraph D. of that
Regulation states the following:
"All information submitted to any licensing authority,
by application for license or otherwise, shall be given
fully, faithfully, truthfully, and fairly. "
I see three options for the Board. First, pursuant to Weld County Ordinance 102,
a copy of which is attached hereto, the Board could suspend Mr. Vasquez' liquor
license. The suspension would be based on a violation by the licensee o£ the
Regulation which was cited above and the "provisions under which the license was
issued, " i.e. , Mr. Vasquez' representation that he was not perjuring himself when
he filled out the History Record and signed it. Second, the Board could revoke
Mr. Vasquez' license. The choice between suspension and revocation would depend
upon the applicability of the twelve factors to be considered pursuant to
Ordinance No. 102. Finally, the Board could do nothing.
RECOMMENDATION TO THE BOARD:
I recommend that the Board notify Mr. Vasquez that the matter will be placed upon
the Board's regular agenda for a hearing to determine whether there is probable
cause that Mr. Vasquez has violated the Colorado Liquor Code or any of its rules
and regulations adopted thereto. The Board could then determine whether or not
it wishes to set the matter for a suspension or revocation hearing at a later
date.
I might note that although Mr. Vasquez was incorrect in his answer to question
number 27 in his History Record, he may not have been entirely incorrect. Please
note that the conviction occurred 23 years ago. It was heard in Greeley
Municipal Court as opposed to either Weld County Court or District Court. The
sentence was suspended pending Mr. Vasquez' good behavior. It may be that the
conviction was withdrawn after the one-year probationary period. The best way
to find out this information is to hold the probable cause hearing. With
sufficient notice, hopefully Mr. Vasquez will be at the hearing and can explain
what happened in the year 1969 (at least as to him) .
BOARD ACTION: BY REVIEW BY WORK SESSION
DATE:
COMMENTS/DIRECTION:
INITIAL: APPROVE DISAPPROVE
Lacy
Kennedy
Harbert
Kirby
Webster
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