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HomeMy WebLinkAbout982468.tiff RESOLUTION RE: ACTION OF BOARD AT HEARING TO DETERMINE IF PROBABLE CAUSE EXISTS NOT TO RENEW TAVERN LIQUOR LICENSE -J. MONTES, INC., DBA EL RODEO NIGHT CLUB 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 12-47-302(1), C.R.S., and Weld County Ordinance#102-A, may cause a hearing to be held on the application for renewal of any liquor license previously issued by it, and WHEREAS, J. Montes, Inc., dba El Rodeo Night Club ("The El Rodeo"), holds a Tavern Liquor License to sell malt, vinous, and spirituous liquors, by the drink for consumption on the premises only, said license expiring on October 8, 1998, and WHEREAS, The El Rodeo applied for renewal of said Tavern Liquor License on October 27, 1998, pursuant to the authority to renew after expiration and the payment of the $1,000 additional fee as set forth in Section 12-47-302(2)(a), C.R.S., and WHEREAS, on December 21, 1998, at 9:00 a.m., the Board considered evidence in the form of testimony and written reports submitted by Deputy Mark Profitt of the Weld County Sheriff's Office, which gave it probable cause to believe that the following factors exist with respect to the El Rodeo and thereby require the scheduling of a renewal hearing, pursuant to the procedures of Ordinance#102-A: 1. Violations in the last one-year period by the licensee or any of the agents, servants, or employees of the 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. Excessive noise, rowdiness, or disturbances on a continuous basis in the immediate area of the El Rodeo which has been substantially a result of the operation of the El Rodeo. a. Evidence of the existence of these factors include the information from the reports of the Weld County Sheriff's Office#WC9800184, #WC9800274, #WC9800402, #WC9800993, #WC9801002, #WC9801097, #WC9801099, #WC9801407, #WC9801422. 3. A person or person(s) convicted under Section 42-4-1301, C.R.S., of driving under the influence of alcohol or driving while ability impaired did become intoxicated at The El Rodeo. a. Evidence of the existence of these factors include the information from the report of the Weld County Sheriff's Office#WC9801101. 982468 /rA 'bail id (art- LC0019 RE: SET RENEWAL HEARING FOR TAVERN LIQUOR LICENSE - EL RODEO NIGHT CLUB PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that a renewal hearing concerning the Tavern Liquor License, issued to J. Montes, Inc., dba El Rodeo Night Club, shall be held on January 13, 1999, at 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#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 thereby require the denial of the renewal of the Tavern Liquor License. BE IT FURTHER RESOLVED by the Board that J. Montes, Inc., licensee, 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 21st day of December, A.D., 1998. BOARD OF COUNTY COMMISSIONERS W D COUNTY, COLORA ATTEST: y�Qt ///� � I (AYE) Constance L. Harbprt, Chair Weld County Clerk t.. W Webst r, no-Tem BY: /1 Deputy Clerk to th '�:: itkr eEXCUSED e ___e E. Baxter APP AS RM: Da�.. Hal unty Attorn EXCUSED DATE OF SIGNING (AYE) Barbara J. Kirkmeyer 982468 LC0019 Hello