HomeMy WebLinkAbout980268.tiff CORRECTED
RESOLUTION
RE: REVIEW OF CONDITIONS FOR RENEWAL OF TAVERN LIQUOR LICENSE -
J. MONTES, INC., DBA EL RODEO NIGHTCLUB
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, by Resolution on October 6, 1998, the Board did conditionally approve the
renewal of a Tavern Liquor License for J. Montes, Inc., dba El Rodeo Nightclub, and
WHEREAS, Condition "F" of said license renewal required the Board of County
Commissioners to review all conditions set forth in said Resolution after a six-month period to
determine whether the applicant is in compliance with the Conditions of Approval, and
WHEREAS, at the Board of County Commissioners on February 11, 1998, the Board
deemed it advisable to find that the applicant, who was represented by Daniel Carr, Attorney, has
complied with the Conditions of Approval.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, finds that J. Montes, Inc., dba El Rodeo Nightclub, be, and hereby is, in
compliance with the Conditions of Approval, as set forth in the Tavern Liquor License approval on
October 6, 1997.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 11th day of February, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: l/46177 EXCUSED DATE OF SIGNING (AYE)
" " J Constance . Har ert, Chair
Weld County ,
��ii,► . W. H. ebs er, Pro- m
BY:
Deputy��� - ''=��. -e
ty. Geor Baxter
APP ORM:
Dale K. Hall
my ore A (friu,Ea t 1„cli)( .
Barbara J. Kirkmeyer 7' a
980268
LC0019
Co
- ",, 30 n:1 2: SO
CLERK
TO Ti!.
January 26, 1998
Mr. Bruce Barker
Weld County Attorney
Mr. Barker:
Re: The El Rodeo Bar
Concerning the conditions the Commissioners set for the bar, I have been able to get with the other
deputies about their observations and I submit the following:
1. For about the first two to three weeks after the renewal I had to reaffirm that they needed two security
guards for outside the building, in the parking lot Ms Montes explained that she was having some problems
getting the security company to comply. I had a talk with the Lt. in charge of the guards at the bar and
since that time, I haven't noted any failures to meet that condition. In talkling with other deputies they have
also noted the increase in the security presence outside. The bar is also maintaining at least two guards
inside as well.
2. I have seen the door guard checking ID's as people come, but have not conducted an ID check within
the bar itself since this condition was put in place. The other deputies advised they really haven't noticed,
but will start keeping track of this condition.
3. The lighting is adequate. I have been on day shift since the first of the year, so I really can't say if
they're having a problem with the lighting. I'll be back on lates Feb.28,and I'll be able to observe that
after that time.
There have been a couple of incidents that I have heard about recently that do concern me. However, I
have to research the cases before I'll address them further.
•
>11A.
MARK T. PRO
Deputy II, Weld County S.O.
���� 980268
WELD COUNTY ATTORNEY'S OFFICE
ect
PHONE: (970) 356-4000, EXT. 4391
f FAX: (970) 352-0242
915 TENTH STREET
ip P.O. BOX 1948
WI GREELEY, COLORADO 80632
C.
COLORADO February 5, 1998
Daniel W. Carr, Esq.
Dill, Dill, Can, Stonebraker& Hutchings, P.C.
455 Sherman Street, Suite 300
Denver, CO 80203
RE: Review of Renewal of Tavern Liquor
License-J. Montes, Inc.
Dear Dan:
This letter will confirm that the Board of County Commissioners of Weld County, will review
the renewal of the Tavern Liquor License for J. Montes, Inc., at 9:00 a.m. on Wednesday,
February 11, 1998. The Board's consideration will take place during its regular meeting in the
First Floor Meeting Room, Weld County Centennial Center Complex, 915 Tenth Street, Greeley,
Colorado.
This review was originally scheduled for January 5, 1998. Mr. and Mrs. Montes and you
appeared on that date for the review; however, through an oversight the review was not
scheduled on the Board's Agenda. Enclosed you will find a copy of a Memorandum I sent to
Mark Profitt, Weld County Sheriffs Deputy, asking for an update regarding conditions A, B, C,
and E of the renewal resolution. Also enclosed is a copy of a response which I received from
Deputy Profitt on January 26, 1998. I spoke with Deputy Profitt by telephone on Monday,
February 2, 1998. He told me that he planned to review the incident reports which he refers to in
his letter by Friday, February 6, 1998. He will let me know either by telephone or in writing as
to whether or not he has any concerns after reviewing those incident reports. I will, of course,
send you copies of any writings from Deputy Profitt and/or tell you of any communications I
have with him after Friday.
It is my understanding that you will speak with your clients to see if they wish to have you be
present on February 11, 1998. I would appreciate your letting me know if you plan on attending
on that date.
980263
Daniel W. Carr, Letter
February 5, 1998
Page 2.
If you should have any questions or comments regarding this letter or the enclosed, please feel
free to call me at(970) 356-4000, extension 4390.
Sincerely,
Bruce T. Barker
Weld County Attorney
BTB/db:Let/Dancarr
Enclosures
pc: Mark Profitt
Carol Harding
Connie Harbert
980265
4011' TO: Mark Profitt, Weld County Sheriff Deputy
FROM: Bruce T. Barker, Weld County Attorney
Wage0 DATE: January 8, 1998
RE: Report Regarding Compliance with Conditions of Approval
COLORADO for El Rodeo Night Club
Attached is a copy of the Findings and Resolution of the Board of County Commissioners
regarding the renewal of the Tavern and Liquor License for J. Montez, Inc., d/b/a El Rodeo Night
Club. The Findings and Resolution has five conditions. Condition F. required the Board to
consider whether the conditions had been met at the Board meeting on January 5, 1998.
Please review conditions A., B., C., and E., to determine if Mr. and Mrs. Montez have complied.
Please report back in writing as soon as possible.
I have been given copies of the Certificates of Training in compliance with condition D. It
appears as though all of the current bartenders and wait staff have complied.
Thank you for your help. If you should have any questions regarding this Memorandum or the
attached Findings and Resolution, please feel free to call me at extension 4390.
;;r t
Bruce T. Barker;
Weld County Attorney
BTB/db:Memo/E1Rodeo
pc: Clerk to the Board
980268
TAVERN (COUNTY) LIQUOR LICENSE — RM , I NC. , DBA ROOM 119
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Site Plan Review
SPR - 267
PL STAFF REPORT RETAINED IN TYLER,
REMAINDER RETAINED IN PAPER
LIQUOR FILE .
ORIGINAL CASE FILE MAINTAINED BY
PLANNING .
see- if
44.
SITE PLAN REVIEW
Administrative Review
VIII „ie.
COLORADO
CASE NUMBER : SPR-267 PARCEL NUMBER: 1313 03 000011
APPLICANT ' Rodollo Monies
LEGAL DESCRIPTION : Pt . SW4 SW4 of Section 3 . T2N , ROSW of the 6tli P. M . , Weld
County . Colorado
ZONING : C- (Highway Commercial )
PROPOSED USE: A nightclub, three =bile homes (one utilized as storage/o ., one utilized
for a caretaker , and one as hand member residences , and a fond truck in the
Commercial (C- ) lone District within the Mixed Use Development Area_
• NcUc mobile hula used for handl member is m approved See Condom of Approval IA
Site Plan Review Standards
Meets the Intent of the
Weld County toning
Comments Ordinance .& MUD Nan
Site Plan tertilication Included in Application YES
IRetention Facilities Engineering February 6, 1997 from Don Carroll, Weld (minty Public Works YES
Dept. Approval Date
Oflscreed Parking Adequate number of spaces, see Conditions of Approval # II S !.8 'DES
Loadint Areas Sulflcient Goading nu on me 1 S
Access dens is via 1N 1 I Si, Ste Condition of Approval # I.H a ES
Setback Requirements 25 Ifig WES
Met Requirements ID Feel WES
1antl capmg Set Condition al Approval # LE, I.F, I.G & �_llt I,Ia
Trash Collection and Storage Sep Condition al Approval # 1,. 5, 6, .& TES
Potable Water Site serviced by a well, set Condition of .Approval # 1 .1 ,E U YES
•
SP R/2674 Page 2
1_W...._tY1.INVM'I'I'V♦"111/
Sewage Disposal St. Wain Sanitation District YES
Environment Standards
Noise YES
Air Quality YES
l' 'dater Qtja!its See Condition of Approval # 1.1 & I,1C YES
Radiation YES
Heat YES
Light Sign flashes, see Condition of Approval # 1.1 MO
Property l aintenance YES
This site plan review is approved with the attached conditions:
r'be following, conditions shall be performed within 30 days ole the Sit: Plan Review
Conditional Approval date (fore 17, l997) :
ff . The. mobile home used as a dwc l l i n g. for a band member shall be removed from the
site within 30 days of the date of this administrative review or be reverted into
storage, with only electricity) permitted to be connected to the mobile home. Only
one ( 1 ) mobile home used as living quarters for caretakers or security personnel
responsible .for maintaining or guarding the property is permitted in accordance with
Section 33 . 5 .3 .7 of the Weld County Zoning Ordinance. If reversed into storage, the
applicant shall apply Mr and receive annrc.wal of a huilrlini? hermit from the Weld
j applicant
1 ! c' 1 1 4d i
County Building Inspection Department, and a zoning permit from the Department
of Flaming Services for the mobile home. The mobile home shall not be utilized ott
any basis as a dwelling or as overnight or temporary housing for any persons.
B . The applicant shall apply for and receive approval of a building Nerrnii front the
Weld County Building Inspection Department for the mobile home to be used as an
accessory° office and storage lac ilityl.
C. The applicant shall apply for and receice approval of a Flood I••Iazard Development
permit from the Department of Planning Services.
f All mechanical or electrical appurtenances, such as revolving beacons and bashing
signs, which are designed LO compel attention, are prohibited in all zone districts as
per Section 42 .2 of' the Weld County Zoning Ordinance. The applicant shall submit
0
f f
aims
SR-267, Page 3
a letter staling that the flashing bulbs on the sign located on the property have been
either removed or switched so that they no longer flash.
E. An improvements agreement for proposed landscaping shall be submitted to and
reviewed by the Department of Planning Services and approved by the Weld County
Commissioners, and collateral tendered _
F. 'ts'he applicant shall subunit evidence to the Department of Planning Services that they
are attempting,' to meet the landscaping requirements for parking Cots in Section 2.6.3
of the Mixed Use Development Plan . This information will be reviewed by the
Department of Planning `earn ct s to determine if the proposed land scapi nu within the
parking lot meets the intent of the Mixed Use Development Plan .
G. The applicant shalt submit to the Department of Planning Services for review and
approval. a detailed landscape plan delineating proposal trees, shrubs, ground covers
and other f landscaping elements on the l site, along with 77 a maintenance schedule of
hakes,: the landscaping will be insta nt: [ !inr1 Maintained .
lf•ed
I+ ..' • i L. II. lsnl%►a?14-$lpli11b 17111 .I Ills �I4l4I %c I •ihIN •115.1jIj %%P14V%J .
l 1 '(`}fie cippliC•ctnt shall submit evidence In the Department of Planning Services that they
have reached an arc.;crneut with the Colorado Department of Transportation
addressing the concerns H their veleml dated January 28 1997 ,
I _ YThe applicant shall submit evidence w the Department of Planning Services from the
1 iv i sion of Water Resources that the well utilized for the eo m nnercial and residential
tied' ties on the site is of sufficient quantity and quality to adequately handle all uses
on the property.
.1 . Hie Site Plan Review map shall 1.4e amended to show the dimensions of €he
individual parking spaces.
K . "De water system shall comply with t}1e requirements for a "non-community" crater
system as clePaned in the Primary Drinking Water Regulations (5 C 't 1003 - 1 ). The
applicant shall submit evidence to the Weld County Health Depanment and the
Department of Planning Services that the water system meets all requirements from
the State Department of lealth .
2 . 1 'Ite following conditions shall be completed within 60 days of the Site Plan Review
Conditional Approval daft' (July 17, 1q07 }
A The portion of the lot which abuts Sit 119 shall be landscaped with a minimum 2
V2 inch caliper shade tree or 6 lout minimum height coniferous tree at a distance of
tern ( l 0) Feet, measured at a right angle from the lot line towards the interior of. the
St'R-267, Page 4
lot, 13r every 40 linear feet of street frontage. Trees may be grouped with a
maximum distance a 100 feet between trees or groupings, in accordance with the
Mixed Use Development Plan (Ordinance 191 ).
B. All parking spaces located in the middle of the lot shall be equipped with wheel
guards or curb blocks to prevent vehicles from extending beyond the boundary of the
space and from coming into contact with other vehicles.
3 . 'I `k % mobile home used as an accessory office and storage tk i 1 ity shall not be utilized on any
basis as a dwelling or as overnight or temporary housing for any persons.
4 All liquid and solid wastes shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
5 . No permanent disposal of wastes shall be permitted. at this site.
6 'astc materials shall he handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
7 Fugitive dust shall he controlled on this site .
2 The maximum permissible noise let.rf11 shall !Keg exceed the commercial,al li rn of 6C rite! ( A 1
L• • L lif. atSittsuttisa12a #.1�. LSJL1i1JLLfl ILL1L.74r 14 , V1 .1L1&tt & LLti.PL t.tvL.Lu %Lat V1 PILallll5.'Iu14►L LI ! III % L' 1 Sf1 cite! 1_s • j,
as measured according to 25 - 12- 102, Colorado Revised Statutes.
9. 'Ile nightclub shall comply u itl) the Colorado Sanitation of Food Establishment regulations
(6 OCR 1010 -2 ).
:. The e l and food
1 C I L • . food
license.
1 4J the restaurant aria food trick shall maintain a current food service establishment license.
11 . No outside storage is allowed on the site.
12. Storage within a building shall be maintained two feet or more below the ceiling of non-
sprinklered areas of buildings.
13 . Combustible material shall not be stared in exits or exit closures , boiler rooms. mechanical
rooms, or electrical equipment rooms.
Site Plan Review couditrormiy approve s'. .4 �.,. _ .. Date:
KcrrI I ) Ncbtbley, Ctarre ' ncr May 19, 1997
I
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