HomeMy WebLinkAbout980891.tiff RESOLUTION
RE: ACTION OF BOARD CONCERNING REQUEST TO MODIFY CONDITIONS ON
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, the Board has been presented with a request to modify conditions on
license from J. Montes, Inc., dba El Rodeo Nightclub, and
WHEREAS, a hearing before the Board was held on the 27th day of May, 1998, at
which time the Board deemed it advisable to continue said matter June 15, 1998, to allow
adequate time for the County Attorney to meet with the attorney for El Rodeo Nightclub, Mr.
Montes, and the Sheriff's Office.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the abovementioned matter be, and hereby is, continued to
June 15, 1998, at 9:00 a.m.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of May, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Constance L. Harbe , Chair
Weld County Cle to isct ,thitZeLql
r.t .
o-Tem W. H. ebster, r
BY:
• ,� , /
Deputy Clerk to J. W'\
orge . Baxter
APP AS TO AN:
Dale K. Hall
my At r y tit
Barbara J. Kirkmeyer
980891
LC0019
---a
TO: Weld County Board of County Commissioners
FROM: Bruce T. Barker, Weld County Attorney
DATE: May 19, 1998
ORE: Request to Modify Conditions on License from L. Montes,
• Inc., d/b/a El Rodeo Night Club
COLORADO
Attached is a written request to modify conditions on license and a cover letter from Daniel W. Can
on behalf of J. Moines, Inc., d/b/a El Rodeo Nightclub. The Nightclub desires to have the Board drop
the condition which requires that all patrons who are allowed inside of the premises during regular
business hours must carry on their persons "adequate, currently valid identification of age (those
documents set forth in Colorado Liquor Code Regulation 47-128.3)."' A copy of the Board's latest
resolution regarding the El Rodeo Nightclub is attached.
I set this matter on the Agenda for the Board of County Commissioners for Wednesday, May 27,
1998. I will send a copy of this Memorandum to Mr. Can and to Sheriff Ed Jordan and Deputy Mark
Profitt for their review. Specifically, I believe the Board should hear comments regarding item
number two of Mr. Carr's request.
It is my recollection that the subject condition was placed on the original license because previously
there were patrons consuming alcohol beverages who appeared to be under age, but could not
produce any valid identification when asked by Sheriffs Deputies. The condition was not intended
in any way to restrict or prohibit patrons from consuming alcohol beverages inside the premises,
except for those under age 21.
Bruce ' -Barker
WeldCourity Attorney
B TB/d b:Me m o/B O C C/E l Ro d e o
Attachment
pc: Daniel W. Carr
Sheriff Ed Jordan
Deputy Mark Profitt
Clerk to the Board
'The regulation number has changed in the past year. It is now 47-912,which states as follows:"Regulation 47-
912. Identification. Licensees may refuse to sell alcohol beverages to any person unable to produce adequate,currently
valid identification of age. Kind and type of identification deemed adequate shall be limited to the following: A)
Operators, chauffeurs, or similar type drivers license containing a picture,issued by any state. B)Identification card
containing a picture, issued by any state for the purpose of proof of age as in accordance with C.R.S. §42-2-nno r)
Military identification card. D)Passport. E)Alien registration card."
980891
Kit -6-;;;;\\ OFFICE OF COUNTY ATTORNEY
PHONE (970) 356-4000 EXT.4391
FAX (970) 352-0242
915 TENTH STREET
P.O. BOX 1948
GREELEY, CO 80632
C. May 19, 1998
COLORADO
Daniel W. Carr
Dill, Dill, Carr, Stonebraker& Hutchings
455 Sherman Street, Suite 300
Denver, CO 80203
RE: Request to Modify Conditions on License from
J. Montes, Inc., d/b/a El Rodeo Nightclub
Dear Mr. Carr:
I have received your Request to Modify Conditions on License on behalf of J. Montes, Inc., d/b/a El
Rodeo Nightclub.
Please be advised that the Request is set for the Agenda for the Board of County Commissioners for 9:00
a.m., Wednesday, May 27, 1998. The meeting will take place in the Board's First Floor Meeting Room,
Weld Centennial Center, 915 Tenth Street, Greeley, Colorado.
Also enclosed is a copy of a Memorandum which I have produced for the Board of County
Commissioners regarding the Request.
If you should have any questions or comments regarding the scheduled consideration by the Board of
County Commissioners of your request on behalf of the El Rodeo Nightclub, please feel free to call me at
(970) 356-4000, Extension 4390.
Sincerely,
Bruce T.Barker
Weld County Attorney
BTB/db:Let/Elrodeo
Enclosures
pc: Clerk to the Board
Sheriff Ed Jordan
Deputy Mark Profitt
cg)/)
DILL DILL CARR STONBRAKER & HUTCHINGS
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
Daniel W.Carr Leslie Block Kaye"
John Coates Fay M.Marsukage"
H.Alan Dill
Robert A.DiJI .
CaseyPaison
Jon Stonbraker
Thomas M.Dunn
aig oner
John A.Hutchings r-T�--� ^—.... Patrick
lbol
� 1'�i��'_1� ='�i ?{ l�[>(' I '^ >'atrck D.iooley• •Lori Ann Y Fujioka
•
�; x MAY 0 7 1998 y ' 'Also licensed in"ozone anti New York
{ r ^also licensed in Nevada
'VELD COUNTY
May 5 , 1998 ATTORNEY'S OFFICE
Bruce Barker, Esq.
County Attorney' s Office
915 Tenth St .
Greeley, CO 80632
RE : J. Montes, Inc .
Dear Bruce :
Enclosed please find a request from J. Montes, Inc . to modify
Condition A associated with the liquor license of that
establishment . I wasn' t quite certain as to what form to put it
in, so I simply prepared a formal request akin to a motion.
I am hopeful that this matter can be concluded without the
necessity of my responding to Greeley, but if that is necessary, I
will be glad to comply with any request the Commissioners might
make .
After you have had an opportunity to review the request, please
give me a call if you have any comments or concerns .
Sincerely,
Daniel W. Carr
DWC/scs
Encl .
cc : J. Montes, Inc .
455 SHERMAN STREET,SUITE 300 i DENVER COLORADO 730103;FAX 1((3031 777-3813!1303) 777-3737
E- ail: dillndilleaol.com
BEFORE THE COUNTY COMMISSIONERS FOR WELD COUNTY, STATE OF COLORADO
REQUEST TO MODIFY CONDITIONS ON LICENSE
In Re the Matter of :
J. MONTES, INC . d/b/a EL RODEO NIGHTCLUB
3101 Highway 119
Longmont, Colorado 80504-9543
COMES NOW the above named Licensee, by and through its
attorney, Daniel W. Carr of the law firm of Dill Dill Carr
Stonbraker & Hutchings, P. C. , and hereby requests that the
conditions presently existing on the operation of the liquor
licensed be modified as follows :
1 . At the time of the transfer of this license, a condition
that had been placed on the prior licensee was attached to this
license . That condition reads as follows :
A. That only those patrons who are 21 years of age or
older and who are carrying on their persons
adequate, currently valid identification of age
(those documents set forth in Colorado Liquor Code
Regulation 47-128 . 3) shall be allowed inside the
premises during regular business hours, with the
exception of employees .
2 . The Licensee has abided by this condition since the
granting of its license and has not had any concerns regarding
issues relating to minors .
3 . Since the granting of this license, the climate has
changed in that additional outlets which offer similar services to
that of the Licensee have been licensed in the area, and as a
result , the competition has become much keener for the same
potential patrons .
4 . Many of the older patrons of the Licensee have voiced
objections to the procedures which are presently implemented to
comply with Condition A, and the Licensee has noticed a decline in
patronage from people in that age group .
5 . The Licensee is well aware of its responsibilities
regarding the sale and service of alcohol to minors and takes its
responsibility very seriously. However, the Licensee does not
believe that it is fair or reasonable to maintain this condition at
this time when it is affecting its ability to compete and when the
same governmental interest can be attained by maintaining an i . d.
98.0 9i
procedure for anyone who appears to be less than 30 but not for
those patrons who are obviously of age .
WHEREFORE, the Licensee respectfully requests that this
authority modify Condition A to simply require that parties under
the age of 21 not be allowed on the premises .
et-
Respectfully submitted this day of /YIA-�` , 1998 .
DILL DILL CARR STONBRAKER
�
& HUTCHINGS, P . C .
BY: (A)
Daniel W. Carr #8224
455 Sherman Street, Suite 300
Denver, CO 80203
(303) 777-3737
CERTIFICATE OF MAILING
I hereby certify that a true copy of the foregoing instrument
was placed in the U S . Mail , with suf icient postage attached
thereto, on this day of 1998,
addressed to :
Bruce T . Barker, Esq.
Weld County Attorney
915 Tenth St .
Greeley, CO 80632
V,
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