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HomeMy WebLinkAbout960079.tiff RESOLUTION RE: ACTION OF BOARD AT HEARING TO DETERMINE IF PROBABLE CAUSE EXISTS NOT TO RENEW TAVERN LIQUOR LICENSE, WITH EXTENDED HOURS, FOR 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 §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 being conditionally approved by the Board and expiring on February 23, 1996, 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 certain factors stated in Ordinance No. 102-A and incidents which violate the conditions of said license for El Rojo Lounge, 3101 Highway 119, Longmont, Colorado 80501-9543, as set forth in the Board's Resolution dated February 9, 1995, and WHEREAS, at a public hearing on January 17, 1996, at 9:00 a.m., Isauro and Helen Chavez, the applicants, were present and were given the opportunity to respond, and the Board considered evidence in the form of testimony and written reports which gave it probable cause to believe that the following factors of Ordinance No. 102-A exist and the following Conditions of said license have not been complied with by the El Rojo Lounge and thereby require the scheduling of a show cause hearing pursuant to the procedures of Ordinance No. 102-A: Ordinance No. 102-A Factors: 1. Whether there have been any violations in the last one-year period by the licensee or by any of the agents, servants, or employees of this licensee of the provisions of the Colorado Liquor Code, or any of the rules or regulations authorized pursuant to the Colorado Liquor Code or any of the terms, conditions, or provisions under which the license was issued. 2. Evidence showing excessive noise, rowdiness, or disturbances on a continuous basis in the immediate area of the licensed premise which has been substantially a result of the operation of the licensed premise. 3. Evidence that a person or person(s) convicted under §42-4-1202, CRS, of driving under the influence of alcohol or driving. while ability impaired did become intoxicated at said licensed premise. Cc'_ : (-)Li So) tome?j %fie_ 960079 LC0019 RE: SET PROBABLE CAUSE HEARING FOR TAVERN LIQUOR LICENSE - EL ROJO LOUNGE PAGE 2 Conditions of Approval of Tavern Liquor License approved by the Board's Resolution dated February 9, 1995: 1. No one under 21 years of age may be allowed into the establishment except band members and staff. 2. A valid picture I.D. is required from all patrons. 4. Training is required for all security guards, bartenders, and owners. 5. The establishment may only sell alcohol on Fridays, Saturdays, and Sundays, but must stop selling alcohol at 11:59 p.m. on Sundays. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that a show cause hearing concerning the renewal of the Tavern Liquor License, with extended hours, issued to Helen and Isauro Chavez, dba El Rojo Lounge, shall be held on February 12, 1996, at the hour of 9:00 a.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 No. 102-A exists, and if at least one of the five conditions listed in the Board's Resolution dated February 9, 1995, have not been complied with; and, if so, if there is sufficient evidence of the existence of any of the items listed in the "Phase II" portion of Ordinance No. 102-A which may exacerbate or ameliorate the situation. BE IT FURTHER RESOLVED by the Board that Deputy Mark Profitt, Weld County Sheriffs Office, 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 17th day of January, A.D., 1996. BOARD OF COUNTY COMMISSIONERS (1,2 E zWFDCOUNTY, COLORADO vn� G � / Barbara J. Kirkmeyer chair � ? o ty Clerk to the Board ZZ sem. Baxter, P o-T ' Deputy Cle o the Board Dale K. Hall APPROVE /AS TO.FfRfvl Constance L. Harbert ou 9 'nf :: orney -- l l_VV7 .� r / ? .X ter 960079 LC0019 Hello