HomeMy WebLinkAbout972817.tiffHEARING CERTIFICATION
RE: PROBABLE CAUSE HEARING TO DETERMINE WHETHER TO SET A SHOW CAUSE
TO CONSIDER THE APPLICATION FOR RENEWAL OF A TAVERN LIQUOR LICENSE -
M. MONTES, INC., DBA EL RODEO NIGHT CLUB
A public hearing was conducted on October 6, 1997, at 9:00 a.m., with the following present:
Commissioner George E. Baxter, Chair
Commissioner Constance L. Harbert, Pro -Tern
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
Commissioner W. H. Webster
Also present:
Acting Clerk to the Board, Esther E. Gesick
County Attorney, Bruce Barker
Ed Jordan, Sheriff
Planning Department representative, Monica Mika
Health Department representative, Trevor Jiricek
The following business was transacted:
I hereby certify that pursuant to a notice duly mailed to the applicant's representative on
September 15, 1997, a public hearing was conducted to consider the renewal of a Tavern Liquor
License for M. Mantes, Inc., dba El Rodeo Night Club at a Probable Cause Hearing. Bruce Barker,
County Attorney, made this a matter of record and stated he had been in contact with Deputy Mark
Profitt regarding this establishment and found Deputy Profitt had a number of reports of significant
happenings; however, Mr. Barker indicated most of the incidents took place in the parking lot. He
indicated there are a total of 29 incidents. Deputy Profitt's recommendation is to require the
placement of security guards on duty in the parking lot from 9 or 10 p.m. until closing time, as well
as additional training for some of the bar employees in recognizing when to stop serving visibly
intoxicated persons. Mr. Barker did note that some of the incidents happened because an
employee did stop serving customers who were visibly intoxicated and the altercation resulted from
that. Responding to questions from the Board regarding procedure, Mr. Barker explained that
today is the actual renewal hearing and the Board should consider whether to renew the license.
If the Board does not wish to renew the license today, a Show Cause Hearing should be set based
upon the evidence presented. Responding to Chair Baxter, Mr. Barker indicated that, even if a
Show Cause Hearing would be set after the expiration date of the current license, a provision in
the State law allows the local authority to extend the time the establishment can be opened past
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LC overt
HEARING CERTIFICATION -PROBABLE CAUSE HEARING, J. MONTES, INC., DBA EL RODEO
NIGHT CLUB TAVERN LIQUOR LICENSE
PAGE 2
the date of renewal since the application was submitted well before the deadline. After discussion,
Mr. Barker reiterated the current license could be extended at the Board's pleasure. Mr. Barker
also explained a recent zoning violation has been taken care of except the Flood Hazard Permit,
which the applicant is currently working on.
Daniel W. Can; attorney representing the applicant, discussed the 29 incidents and stated a huge
percentage of them involve problems in the parking lot. He indicated he has been unable to reach
Deputy Profitt because of a conflict in schedules; however, he has talked to Mr. Barker regarding
these incidents. Mr. Carr indicated security is currently on the premises; however, the guards
spend the majority of time inside the facility and are only outside on routine patrols. He indicated
Al Loya, who provides security for the applicant, is present and agreed that Deputy Profitt's
recommendation would be followed if the Board makes it a condition of the license. Mr. Can. also
indicated an additional training session has been scheduled for all servers at the Budweiser plant
on October 8, 1998. Responding to Chair Baxter, Mr. Carr further explained several incidents
occurred after service was denied visibly intoxicated persons who then initiated altercations and
the employee called the Sheriffs Office. He also stated security escorts a problem customer to the
door, not off the property; therefore, the individual often causes other problems in the parking lot.
Mr. Can' also confirmed for Chair Baxter that no complaints are pending with the District Attorney's
Office.
Indicating a report of a security guard discharging a firearm into the air to break up a fight,
Commissioner Hall expressed concern for the health and safety of inhabitants in the area, as well
as citizens passing on the highway, with any discharge of firearms by security personnel. He
stated the discharge of a firearm was totally inappropriate. Mr. Carr responded by pointing out the
owner hires a security firm but does not have direct control over each guard's action. He stated
he discussed the incident, on behalf of the owner, and the Sheriffs Department has also addressed
the incident with the security guard. Responding to questions from Commissioner Kirkmeyer, Mr.
Barker indicated there were five conditions placed on the current license and he is unaware of any
violations; however, he does not know whether certificates of training and permits are on file. Mr.
Can- reiterated that all personnel have appropriate training and certificates and all servers have
gone through training. Responding to Commissioner Harbert, he stated that new employees are
sent for training without waiting for a full class. Commissioner Kirkmeyer discussed appropriate
hours for security guards to remain in the parking lot, and Mr. Carr responded the applicant will
comply with any hours the Board deems necessary. Commissioner Harbert stated her concerns
regarding this renewal and pointed out the packets for most liquor license renewals are two pages
in length; however, for the past eight years whenever this license comes up for renewal, a ream
of paperwork is attached because of all the incident reports included. Commissioner Kirkmeyer
stated she agrees with Commissioner Harbert; however, it appears the incidents are not as sever
as they were last year. She encouraged the applicant to continue to call the Sheriffs Department
if help is needed handling an incident, instead of security guards trying to handle it.
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HEARING CERTIFICATION -PROBABLE CAUSE HEARING, J. MONTES, INC., DBA EL RODEO
NIGHT CLUB TAVERN LIQUOR LICENSE
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Al Loya, who handles the security at the bar, stated he handles security at a number of bars and
this one is no better or worse than many others. He indicated he works closely with the Sheriffs
Department and knows if something does happen they will respond. He also stated that if the
customer knows the Sheriff will be called security is better able to maintain order. Responding to
questions from Chair Baxter and Commissioner Hall, Mr. Loya stated the type of action occurring
is the determining factor in the amount of force used to solve the problem. He stated his guards
are trained to use one force higher than the person involved, consequently, if the individual is using
fists, a chemical or baton should be used. Mr. Loya reiterated that the presence of a security guard
in the parking lot instead of walking out every 15 to 30 minutes, will curb the number of incidences.
Mr. Carr reiterated the owner is doing everything possible to resolve problem situations and is
willing to work with the Sheriff whenever necessary.
Commissioner Hall again expressed his concern about the manner in which security guards are
dealing with problem situations and stated he is not comfortable renewing the license at this time.
Ed Jordan, Sheriff, stated the department works with bar owners through community policing efforts
and he backs Deputy Proftt's recommendation since he is the officer on the scene most often. Mr.
Barker responded to Commissioner Webster's question that the Sheriff does have the authority to
pull a license if a violation occurs and bring the matter to the Board to make a determination on
whether to revoke the license. After further discussion, Sheriff Jordan stated there are a number
of reasons to shut down an establishment and the deputies work closely with the liquor
enforcement division when they believe various things are occurring. Responding to Commissioner
Kirkmeyer, Mr. Barker stated there is a requirement that any establishment applying for a liquor
license comply with all local ordinances, which would include the Zoning Ordinance. Mr. Barker
also stated it is possible to add conditions to the approval; however, a renewal is for a one-year
period of time. Responding to further questions from the Board, Mr. Barker stated the conditions
can be reviewed at a certain interval to see if the additional conditions have had an effect on the
situation; however, if a problem still exists at that time, a Show Cause Hearing would be the proper
procedure to follow to revoke the license. After further discussion, Mr. Barker stated if the desire
of the Board is to allow enough time to evaluate whether extra conditions solve the problems, it
could renew the license at this time and review the conditions in a three or six-month timeframe.
Commissioner Kirkmeyer, based upon information received at this hearing and from Mr. Carr,
moved to renew the Tavern Liquor License for J. Mantes, Inc., dba El Rodeo Night Club, with five
conditions as set forth in the resolution dated October 2, 1996; with the additional condition that two
additional security guards be present in the parking lot from 10:00 p.m. to 2:30 a.m. on the nights
the bar is open; additional language that, not only does the applicant have to show present staff
has copies of successful completion of TIPS or similar training, but also that any future staff be
required to present their certificates within 30 days of employment; and a hearing be scheduled
in three months to review the conditions. At Mr. Barkers suggestion, Commissioner Kirkmeyer
amended the motion to state all certificates shall be sent to the Sheriffs Department with copies
to the Clerk to the Board. The motion was seconded by Commissioner Webster, and the Board
reiterated concerns. The motion carried three to two, with Chair Baxter and Commissioners
Kirkmeyer and Webster in favor and Commissioners Hall and Harbert against.
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HEARING CERTIFICATION - PROBABLE CAUSE HEARING, J. MONTES, INC., DBA EL RODEO
NIGHT CLUB TAVERN LIQUOR LICENSE
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This Certification was approved on the 13th day of October, 1997.
ATTEST:
Weld Cou
BY:
Deputy Cler
TAPE #97-25
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Georges. Baxter, Chair
and J=�say,2
Constance L. Harbert ,,,Pro -Tern
Dale K
t/
arbara J. Kirkmeyer -64-1/2
Q:W #Jb�
W. H. We ster
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LC0019
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