HomeMy WebLinkAbout981033.tiff RESOLUTION
RE: APPROVE REQUEST TO MODIFY CONDITION 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 Condition A on the
liquor license held by 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 to June 15, 1998, to allow
adequate time for the County Attorney to meet with Daniel Carr, attorney for El Rodeo
Nightclub, Mr. Montes, and the Sheriff's Office, and
WHEREAS, at said hearing on June 15, 1998, the Board of County Commissioners
heard all of the testimony and statements of those present, studied the request of J. Montes,
Inc., dba El Rodeo Nightclub, and the recommendations of the County Attorney and, having
been fully informed, finds that this request shall be approved, and the applicant shall post a sign
in English and Spanish to read as follows:
"Only those patrons who are twenty-one years of age or older shall be allowed inside
the premises during regular business hours, with the exception of employees. All
persons who appear to be thirty years of age or younger shall be required to carry on
their persons, adequate, currently valid identification of age, those documents set forth
in Colorado Liquor Code Regulation 47-128.3, while inside the premises."
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the request to modify Condition A be, and hereby is, approved,
and a sign must be posted in both English and Spanish.
981033
�� • mUn fey LC0019
CG So, /
RE: MODIFY CONDITION - J. MONTES, INC., DBA EL RODEO NIGHTCLUB
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 15th day of June, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
f WELD COUNTY, COLORADO
e�ATTEST: �� „"""I
Constance L. Harbert, Chair
Weld County Clerk t. h
� inn►` � � Lit
- Q �
W. H. -bster, Pro-Tem
BY:
Deputy Clerk to th:a�•_r,� �� ��+• ��—
��� rge . Baxter
APP T FORM:
Dale K. Hall
unty Attor ey �1 th e�yzz/L---
arbara J. Kirkmeyer (/
981033
LC0019
a
TO: Weld County Board of County Commissioners 41.4 FROM: Bruce T. Barker, Weld County Attorney
11110c) ., DATE: May 19, 1998
RE: 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. Carr
on behalf of J. Montes, 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. Carr 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 Sheriff's Deputies. The condition was not intended
in any way to restrict or prohibit patrons from consuming alc hol beverages inside the premises,
except for those under age 21.
-
Bruce L.
Weld-County Attorney
BTB/db:Memo/BOCC/ElRodeo
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. §42-2-402. C)
Military identification card. D)Passport. E)Alien registration card."
9g/tA`n. 3
(it-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
'ilC. 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, i
- Bruce T. Barker
Weld County Attorney
BTB/db:Let/Elrodeo
Enclosures
pc: Clerk to the Board
Sheriff Ed Jordan
Deputy Mark Profitt
9 .io33
DILL DILL CARR STONBRAKER & HUTCHINGS
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
Leslie Block Kaye`
Daniel C Carr Fay M..Malsukage •
Hhn I.a Coates Casey Poison
H.Alan A.
Dill
Ian 5tunbraker
Robert D Craig A.Stoner
Thomas u Dunn �.J �C j 1 ';• Patrick D.looley
John A.Hutchins ; ��jt,j i r;y ; ��
pI (( 1 7...,-.•.L..,,.Y„r-•..; Lori Ann Y.Fujinka
• • 01 Coons!
;r M Y 0 7 1998 �" �•+� �•+Isu licemei'Aran.and New Vor*
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`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,
LIAJC/) )L__
Daniel W. Carr
DWC/scs
Encl .
cc : J. Montes, Inc .
455 SHERMAN STREET,SUITE 300/DENVER.COLORADO 80.203/FAX(303)777-3823/(303)777-3737
E-mail: .
Q8,03
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.
q8/033
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 .
tt-
Respectfully submitted this S day of
1998 .
DILL DILL CARR STONBRA ER
& HUTCHINGS, P. C.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
2
97o33
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