HomeMy WebLinkAbout930520.tiff RESOLUTION
RE: ACTION OF BOARD CONCERNING RENEWAL OF RETAIL LIQUOR STORE LICENSE FOR
RONALD FAHRENHOLTZ, DBA CJ'S LIQUORS
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, on the 2nd day of June, 1993, the Board of County Commissioners,
as the local liquor licensing authority for Weld County, Colorado, heard
testimony concerning alleged violations of the Colorado Liquor Code and Weld
County Ordinance No. 102-A, and determined that a Renewal Hearing be scheduled
to consider the renewal of a Retail Liquor Store License for Ronald Fahrenholtz,
dba CJ's Liquors, and
WHEREAS, said Renewal Hearing was conducted on June 16, 1993, at 10:00
a.m. , at which time the Board did Find and Determine that the burden of proof was
met in showing the following:
1. There have been violations in the last one-year period by Mr.
Fahrenholtz, or by any of his agents, servants, or employees, of the
following provisions of the Colorado Liquor Code and the rules and
regulations authorized pursuant to it.
a. Serving malt, vinous, or spirituous liquor to persons under
the age of twenty-one years. Section 12-47-128(5) (a) , C.R.S.
WHEREAS, Don Hoff, Attorney representing Mr. Fahrenholtz, presented the
Board with a Stipulation and Agreement, and
WHEREAS, after study and review and hearing all testimony of those present,
the Board deems it advisable to renew the Retail Liquor Store License of Ronald
Fahrenholtz, dba CJ's Liquors, 3907 Highway 119, Longmont, Colorado, according
to the terms of said Stipulation and Agreement, a copy being attached hereto and
incorporated herein by this reference, and
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Retail Liquor Store License for Ronald Fahrenholtz,
dba CJ's Liquors, shall be renewed subject to the terms of the abovementioned
Stipulation and Agreement.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said renewal.
930520
LC.ap_p
RE: RENEWAL HEARING - CJ'S LIQUORS
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 16th day of June, A.D. , 1993.
�M BOARD OF COUNTY COMMISSIONERS/ 4 ATTEST:
WELD COUNTY, COLORADO
£714)
Weld County Clerk to the Board (p.,:e....ems.( /.1.r f//�/ stance Ha efts/vain-en n (/ � {/�p �j
BY: /� /f let .X.1"" -O
Deputy Cle o the Board W. H ebster, PTem
APPROVED AS TO FORM:
eorge . Baxter
County Attorney Dale K. Hall
arbara J. Kirkmeyer
930520
HEARING CERTIFICATION
DOCKET NO. 93-41
RE: HEARING TO DETERMINE WHETHER OR NOT THE RETAIL LIQUOR STORE LICENSE
SHALL BE RENEWED FOR RONALD FAHRENHOLTZ, DBA CJ'S LIQUORS
A public hearing was conducted on June 16, 1993 at 10:00 A.M. , with the
following present:
Commissioner Constance L. Harbert, Chairman
Commissioner W. H. Webster, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
Also present:
Acting Clerk to the Board, Shelly Miller
Assistant County Attorney, Lee Morrison
Sheriff's Office representative, Kim Fliethman
The following business was transacted:
I hereby certify that pursuant to a notice dated June 2, 1993, and duly
published June 10, 1993, in the Windsor Beacon, a public hearing was
conducted to consider whether or not to renew the Retail Liquor Store
License for Ronald Fahrenholtz, dba CJ's Liquors. Lee Morrison, Assistant
County Attorney, made this a matter of record. Mr. Morrison said Don
Hoff, Attorney representing Ronald Fahrenholtz, Mr. Fahrenholtz, and he
have discussed and agreed to a penalty through a Stipulation and
Agreement. The licensee has admitted to said violations and agreed to a
five-day suspension, with four days being held in abeyance as long as
there are no violations in the next six months. A fine of $302.97 will be
paid in lieu of suspension. Mr. Morrison stated the Stipulation and
Agreement is acceptable to the Sheriff's Office. Kim Fliethman, Sheriff's
Office representative, said there have been no other liquor violations in
the past three years. He said Mr. Fahrenholtz has cooperated very well
and requested training for all of his employees. Mr. Fliethman indicated
he had no problem with the stipulation as written. Chairman Harbert
suggested adding to the stipulation the requirement that the Sheriff's
Office check the establishment quarterly, rather than annually. Mr.
Morrison said the requirement does not necessarily need to be part of the
stipulation, and Mr. Fliethman said the establishment will be checked
often within the next year. In response to a question from Chairman
Harbert, Mr. Morrison said the money from the fine goes into the General
Fund; however, it could be allocated to alcohol education through the
budget process. Mr. Hoff said Mr. Fahrenholtz has cooperated to the
fullest extent possible. He indicated, pursuant to the stipulation, most
employees have already completed training and the remaining employees will
complete training on June 27. In response to a question from Chairman
Harbert, Mr. Fahrenholtz said any new employees will also be trained.
There was no public testimony offered concerning this matter.
Commissioner Hall moved to accept the Stipulation and Agreement and renew
the Retail Liquor Store License for Ronald Fahrenholtz, dba CJ's Liquors,
under the terms of said stipulation, and authorize the Chairman to sign.
The motion was seconded by Commissioner Webster, and it carried
unanimously.
930520
( CEO. -D cc : /-L
RE: HEARING CERTIFICATION - CJ'S LIQUORS
PAGE 2
This Certification was approved on the 21st day of June, 1993.
APPROVED:
ATTEST BOARD OF COUNTY COMMISSIONERS
4o �4 WELD COUNTY, COLORADO
Weld County Clerk to the Board
aZr cc,`
By: Constance L Ha bert, Chairman
Deputy Clerk to the Bo
W. H. bst r, Pr�em
TAPE #93-20 9 j-ur--
eorge Baxte
DOCKET #93-41
Da I . Ha 1
LC0020
arbara J. Kirkmeyer
930520
MIME
Pursuant to the zoning
laws of the State of
Colorado and.the Weld
County Zoning Ordinance,
a public hearing will be AFFIDAVIT OF PUBLICATION
held In the Chambers of
the Board of County
Commissioners of Weld STATE OF COLORADO
County, Colorado.Weld ss
County Centennial COUNTY OF WELD
Center, 915 lath Street,
First Floor, Greeley,
Colorado, at the time I, KEITH HANSEN, of said County of Weld, being duly
specified: All persons in sworn,say that I am publisher of
any manner interested in
the matter are requested
to attend and may be WINDSOR BEACON
heard.
Should any interested a weekly newspaper having a general circulation in said
party desire the presence County and State, published in the town of WINDSOR,
of a court reporter to
make a record of the in said County and State; and that the notice, of which
proceedings,in addition to the annexed is a true copy, has been published in said
the taped record which weekly for / successive weeks, that the notice
will be kept during the
was published in the regular and entire issue of every
hearing,the Clerk to the
Board's Office shall be number of the paper during the period and time of
advised In vatting of such publication, and in the newspaper proper and not in a
action at least five days supplement, and that the first publication of said notice
prior to the hearing. The
cost of engaging a court was in said paper bearing the date of the
reporter shell be bane by p'
the requesting party'. I0 day of , A.D., 1993 and
BE IT ALSO KNOWN that the last publication anng the date of the
the text and maps may be
examined in the office of day of , A.D., 19_ and
the Clerk to the Board of
County Commissioners, that the said WINDSOR BEACON has been published
located In the Weld continuously and uninterruptedly for the period of 5
County Centennial
consecutive weeks,in said County and State, prior to the
Center,915 10th Street,
Third Floor, Greeley, date of first publication of said notice, and the same is a
Colorado. newspaper within'the meaning of an Act to regulate
DOCKET NO.93-41 printing of legal notices an advertisements, approved
May 18, 1931,and all prior is r as in force.
Ronald Fahrenholtz,dba
CJ's Liquors, 3907
Highway 119,Longmont,
CO 80504-9543
P LISHER
DATE: June 16,1993
og
1114E: 10:00 A.M. Subscri d and sworn to before me this 9 day
of 1913
REQUEST:Hearing to n
determine whether St not "�� , � �
the Retail Liquor Store
License shall be renewed. N TARP PUBLIC
ISSUES:1. Whether or
not the evidence of My commission expires C: -.0-a-7 ? /996. .
violations by the licensee 7!'
in the last one-year period
warrants sufficient 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: Carol A. Harding,
Deputy Clerk to the Board
Dated:June 2,1993
Published lo the
WI
June 10,19113.
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