HomeMy WebLinkAbout990165.tiff HEARING CERTIFICATION
DOCKET NO. 98-74
RE: PUBLIC HEARING TO CONSIDER WHETHER TO RENEW TAVERN LIQUOR LICENSE
FOR J. MONTES, INC., DBA EL RODEO NIGHT CLUB
A public hearing was conducted on January 27, 1999, at 10:00 a.m., with the following present:
Commissioner Dale K. Hall, Chair
Commissioner Barbara J. Kirkmeyer, Pro-Tem - EXCUSED
Commissioner George E. Baxter
Commissioner M. J. Geile
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
County Attorney, Bruce Baker
The following business was transacted:
I hereby certify that pursuant to a notice dated December 23, 1998, and duly published
December 26, 1998, in the Fort Lupton Press, a public hearing was conducted on January 13,
1999, to consider the renewal application of J. Montes, Inc., dba El Rodeo Night Club for a Tavern
Liquor License to sell malt, vinous, and spirituous liquors, by the drink for consumption on the
premises only. At said hearing the Board deemed it advisable to continue said matter to
January 21, 1999; however, due to scheduling conflicts and pursuant to a notice dated
December 28, 1998, and duly published January 2, 1999, in the Fort Lupton Press, a public hearing
was held on January 27, 1999. Bruce Barker, County Attorney, made this a matter of record and
gave a brief description of the hearing procedures for this type of renewal hearing. He stated the
Board needs to make a motion whether to continue with the hearing although Commissioner
Kirkmeyer is absent, and stated if the Board does proceed there are two phases in which the Board
considers whether to revoke or approve the permit. Phase I includes finding that one or more of
the four factors as listed in Ordinance#102-A exist, and Phase II considers any mitigating factors.
Commissioner Geile moved to continue with this hearing. Seconded by Commissioner Vaad, the
motion carried unanimously. Mr. Barker reviewed the Resolution #982468, dated December 21,
1998, which details the reports submitted by Deputy Mark Profitt as evidence that Probable Cause
existed.
Bill Starks, District Attorney's Office, represented the Weld County Sheriff's Office, and stated the
Sheriff's Office has indicated it is not opposed to renewal of this liquor license providing some
specific concerns are mitigated, and he reviewed the types of violations reported in the above-
mentioned resolution. In response to Mr. Starks, Deputy Profitt stated he patrols the southern part
of Weld County and is the liquor enforcement officer for the district. Deputy Profitt explained
between January 1, 1998,through August 15, 1998,the Sheriff's Office conducted 166 bar checks,
and he described the various violations are explained in his reports. Responding to Mr. Starks,
Deputy Profitt stated a majority of the calls were between February through March, and since that
time the owners and the security company has been very cooperative and responsive to his
requests.
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Deputy Profitt responded to questions from Daniel Carr, attorney for the El Rodeo Night Club, and
reiterated the majority of incidents occurred within the one month period between February and
March, and since that time the bar has switched security companies twice. He clarified that bar
checks are conducted regardless of whether there are problems at a liquor establishment, and the
owners and current security company have been very cooperative. Deputy Profitt stated Mr. and
Ms. Montes are the owners of the bar and have been making improvements to the property.
Responding to Commissioner Baxter, Deputy Profitt stated several of the fights had dispersed by
the time he arrived, and he added the security company will often hold the people involved in a
dispute until he arrives. In response to Commissioner Geile, Deputy Profitt stated the current
security company was hired in May of 1998, and he described the fatality accident which occurred
November 1, 1998. In response to Commissioner Geile, Mr. Carr stated the staff is required to
attend TIPS training to help them tell when a person has had enough to drink and the El Rodeo
provides taxi service to patrons who are unable or do not wish to drive home. Mr. Barker stated
one of the DUI reports was not included as an item of Probable Cause because there has not been
a conviction. Deputy Profitt stated if this renewal application is approved, he will include the
conviction report of the DUI which is still pending. Mr. Barker stated if the Board finds that one or
more of the four factors listed in Ordinance #102-A exists, then they continue with Phase II, and
he reviewed the existing conditions of the permit.
There was no public input concerning Phase I of this matter.
Mr. Starks stated that sufficient evidence has been given to find that factors #2 and #3 of
Ordinance#102-A exist and the hearing process should continue to Phase II. Mr. Carr stated the
word "continuous" in factor #2 does not apply to this application because those factors only
occurred during a one month period out of the entire year. He did; however, agree that factor#3
applies. Commissioners Baxter and Geile commented that there is sufficient evidence that
factor#3 exists. Commissioner Vaad stated the violations under factor#2 were continuous for one
month and moved to find that both factors exist. Commissioner Baxter seconded the motion. Chair
Hall stated he does not feel that one month out of twelve is on a continuous basis. Following
discussion, the motion failed on a on to three vote with Commissioner Vaad in favor.
Commissioner Geile moved to find that factor#3 does exist. Seconded by Commissioner Baxter,
the motion carried unanimously.
Mr. Barker clarified Phase II involves finding whether to approve or deny the application. Deputy
Profitt recommended amending one of the previous conditions and requiring two guards be inside
the building during business hours and one be stationed in the parking lot. He stated the owners
do have more guards when a larger crowd is anticipated, and reiterated that unlike the previous
owner, Mr. and Ms. Montes have been very cooperative. In response to Commissioner Baxter,
Deputy Profitt stated the two traffic accidents in the parking lot seemed to have resulted from not
paying attention and the effects of liquor, but did not feel they were a result of anger. Responding
to Chair Hall, Deputy Profitt stated the training and having more guards inside should help prevent
fights and added he does not recommend closing the establishment based on DUI's because the
owners can only do so much to prevent their customers from driving. Mr. Carr stated there is a No
Tolerance policy at the El Rodeo; however, this is often hard to enforce. He further stated Mr. and
Ms. Montes are doing a good job, are working to improve the site, and agree with changing the
condition as suggested by Deputy Profitt. In response to Commissioner Vaad, Ms. Montes stated
they do provide microwavable food. Responding to Commissioner Geile, Mr. Barker explained the
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HEARING CERTIFICATION - J. MONTES INC., DBA EL RODEO NIGHT CLUB
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renewal of a license comes up once a year; however, a suspension or revocation of a permit may
be brought before the Board at any time. Mr. Barker reviewed the conditions which have been
placed on the permit up to this point.
Deputy John Broderius stated he patrols the area during the day and stated the sudden drop in
crime reports is good as long as the security company is reporting all incidents. Mr. Barker stated
Phase II of Ordinance #102-A lists factors A through K on which the Board can make findings.
Chair Hall commented there are actions that can be taken by the license holder as stated in
factor B.
Commissioner Geile moved to approve the request of J. Montes, Inc., dba El Rodeo Night Club for
a Tavern Liquor License to sell malt, vinous, and spirituous liquors, by the drink for consumption
on the premises only, based on the recommendations and testimony of Weld County Sheriff's
Deputy Mark Profitt, with the Conditions of Approval as entered into the record. In response to
Commissioner Geile, Mr. Barker stated people under age 21 are allowed to work at the bar;
however, they cannot serve, consume, or handle the liquor. The motion was seconded by
Commissioner Vaad, and it carried unanimously.
This Certification was approved on the 1st day of February, 1999.
APPROVED:
ATTEST: , ' L. BOARD OF COUNTY COMMISSIONERS/ad/
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Weld County Clerk t• the :.
c I ; Dale K. Hall, Chair
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BY: ' n ,,%z °
Deputy Clerk to tht!r_r y� EXCUSED
Barbara J. Kirkmeyer, Pro-Tem
TAPE #99-02 f /�
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DOCKET#98-74
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Glenn Vaad —
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