HomeMy WebLinkAbout950139.tiffRESOLUTION
RE: ACTION OF BOARD AT SHOW CAUSE HEARING TO DETERMINE WHETHER TO
RENEW TAVERN LIQUOR LICENSE, WITH EXTENDED HOURS - 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 Section 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 previously approved by the Board and expiring on
February 23, 1995, and
WHEREAS, at a hearing on and by resolution dated December 28, 1994, the Board
deemed it advisable to set a renewal hearing concerning the Tavern Liquor License, with extended
hours, issued to Helen and Isauro Chavez, dba El Rojo Lounge, on January 30, 1995, at 1:30 p.m.,
to allow the Board to consider evidence for the determination of whether or not at least one of the
four factors listed in Weld County Ordinance 102-A exists, and, if so, if there is sufficient evidence
of the existence of any of the items listed in the "Phase II" portion of Ordinance 102-A which may
exacerbate or ameliorate the situation, and
WHEREAS, at said hearing on January 30, 1995, neither the applicants nor their
representative was present, and
WHEREAS, the County Attorney advised the Board that said applicants did not post the
required sign in a timely manner and Bob Ray, applicants' attorney, has requested said matter be
continued to allow for said sign to be posted ten days, pursuant to State statute, and
WHEREAS, the Board deemed it advisable to continue said matter to February 9, 1995,
at 8:30 a.m., to allow the applicants to post said sign in accordance with State statute
requirements.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Show Cause Hearing to determine whether to renew the Tavern Liquor
License, with extended hours, issued to Helen and Isauro Chavez, dba El Rojo Lounge, be, and
hereby is, continued to February 9, 1995, at 8:30 a.m.
BE IT FURTHER RESOLVED by the Board that on January 30, 1995, Mark Profitt, Deputy
Sheriff, shall post the premises advising of said hearing, which is ten days in advance of the
hearing, in accordance with State statute.
950139
del ; CA5 C i1CLUe: 27 (\'C V LC0019
RE: SHOW CAUSE HEARING - CHAVEZ, DBA EL ROJO LOUNGE
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 30th day of January, A.D., 1995.
BOARD OF COUNTY COMMISSIONERS
ATTEST:
WELD COUNTY, CO RA
Dale,K. Hall, Chairan
Weld County Clerk to the Board
l 1� 11Barba? J. Kirkmeyer,rrp-Tem
BY: 4 KY vX fC
Deputy Clerk' the Board
APPROVED AS TO FORM:
ounty Attorn
George Ei4laxter
Constance L. Harbert
(
W. H. Webster \--)
t( ;,v
950139
LC0019
HEARING CERTIFICATION
RE: SHOW CAUSE HEARING TO DETERMINE WHETHER TO RENEW TAVERN
LIQUOR LICENSE, WITH EXTENDED HOURS - ISAURO AND HELEN CHAVEZ,
DBA EL ROJO LOUNGE
A public hearing was conducted on January 30, 1995, at 1:30 p.m., with the following
present:
Commissioner Dale K. Hall, Chairman
Commissioner Barbara J. Kirkmeyer, Pro -Tern
Commissioner George E. Baxter
Commissioner Constance L. Harbert
Commissioner W. H. Webster
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 resolution dated December 28, 1994, and duly mailed to
the applicant, a public hearing was conducted on January 30, 1995, at 1:30 p.m., to
determine whether to renew the Tavern Liquor License, with extended hours, for Isauro and
Helen Chavez, dba El Rojo Lounge. Bruce Barker, County Attorney, made said hearing a
matter of record and informed the Board, pursuant to State statute, a sign must be posted
ten days prior to hearings concerning renewal of liquor licenses. He also informed the
Board that said applicants were advised of said sign -posting requirement by the Board's
Resolution which set this hearing and was dated December 28, 1994. Mr. Barker further
informed the Board that Isauro Chavez, applicant, picked up and posted the sign last
Tuesday, January 24, 1995; therefore, said sign was posted only six days. He stated he
spoke with Al Dominguez, District Attorney, who was going to represent the Sheriffs Office,
and with Bob Ray, applicants' attorney, about taking evidence today and holding the matter
over for two weeks for any further testimony; however, Mr. Dominguez and Mr. Ray both
disagreed and requested the matter be continued to allow the required ten-day posting
pursuant to State statute. Mr. Barker reviewed the available dates for the Board, Mr. Ray,
and Mark Profitt, Sheriffs Office, and noted said liquor license expires February 23, 1995;
therefore, he recommended the hearing be held before the expiration date. He stated, if
the sign is posted today, the hearing could be held on February 9, 1995. (Changed to Tape
#95-05.) Deputy Profitt stated he could post said sign today. Commissioner Harbert
moved to continue said matter to February 9, 1995, at 8:30 a.m., and Commissioner
Kirkmeyer seconded the motion. Mr. Barker confirmed that Deputy Profitt would post the
necessary sign today, and the motion carried unanimously.
This Certification was approved on the 1st day of February, 1995.
APPROVED:
ATTEST: /(L / D �� BOARD OF COUNTY COMMISSIONERS
"Gf WELD COUNTY, COLORADO
Weld County Clerk to the Board
By. Atagyv
Deputy Clero the Board
TAPE #95-04 AND #95-05
LC0019
George/E. Baxter
Constance L. Harbert
till1 I(rV I` II 'f
W. H. Webster
950139
LC0019
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