HomeMy WebLinkAbout20251964.tiffHearing Certification
Docket No. 2025-57.A
Board of County Commissioners
Weld County, Colorado
Refusal to Renew Public Hearing Phase I Regarding Tavern (County) Liquor
License — El Centenario Entertainment, LLC, dba El Centenario Nightclub
A public hearing was conducted on July 21, 2025, at 9:00 a.m., with the following present:
Commissioner Perry L. Buck, Chair
Commissioner Scott K. James, Pro-Tem
Commissioner Jason S. Maxey
Commissioner Lynette Peppler
Commissioner Kevin D. Ross
Also present:
Acting Clerk to the Board, Houstan Aragon
County Attorney, Bruce Barker
Assistant County Attorney, Matthew Conroy
The following business was transacted:
I hereby certify that pursuant to a Notice pasted July 10, 2025, a Refusal to Renew
Public Hearing Phase I was conducted to consider the Tavern (County) Liquor License of
El Centenario Entertainment, LLC, dba El Centenario Nightclub.
Matthew Conroy, Assistant County Attorney, explained that this hearing was set while the
Board considered the renewal of the liquor license on June 25, 2025, at which point the
Department of Planning Services presented concerns regarding outstanding building
permits that have expired without completion and failure to adhere to requirements of the
Mountain View Fire Rescue District. He shared there is reason to believe that the
applicant violated Section 12-2-40 of the Weld County Code and is operating in a manner
that affects the public health and safety of the neighborhood. Mr. Conroy further stated
that a sign noticing the hearing was posted on the premises ten (10) days prior to the
Refusal to Renew Public Hearing Phase I, the licensee was notified that the sign was to
remain posted until after said hearing, but on Judy 17, 2025, the Department of Planning
Services notified the Clerk to the Board's Office that the sign had been removed. He
explained staff has since reposted the sign. Mr. Conroy then provided a brief history of
the outstanding building permits and stated the Department of Planning Services
conducted an inspection on July 17, 2025, and witnessed further remodeling without
building permits. Mr. Conroy stated that a stop work order has since been placed by both
the Department of Planning Services and the Mountain View Fire Rescue District, the
latter of which also placed fire line tape and designated the building as dangerous
because the sprinkler fire line for the building was never completed, multiple fire and
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2025-1964
LC0042
Hearing Certification for Refusal to Renew Public Hearing Phase I — El Centenario
Entertainment, LLC, dba El Centenario Nightclub
Page 2
electrical hazards exist, and there is hampered egress. Mr. Conroy presented a
PowerPoint, displaying photos for the record, which included a beer bottle outside of the
licensed premises. He stated there is sufficient evidence pursuant to Section 12-2-40 of
the Weld County Code to set a Refusal to Renew Public Hearing Phase II and
recommended the Board schedule said hearing for August 11, 2025, at 9:00 a.m.
Mr. Conroy explained the licensee has the opportunity to speak at both today's hearing
and at the next hearing, and what recourse the Board could have at the next hearing.
In response to Commissioner James, Mr. Conroy further explained Refusal to Renew
Public Hearing Phase I and II processes.
Bruce Barker, County Attorney, advised the Board to inquire if the applicant or the
applicant's representative is present. Chair Buck made said inquiry to the audience and
there was no response.
Commissioner Maxey stated he cannot verify who placed the beer bottle in the photo
presented in the PowerPoint, but is concerned about the outstanding building permits and
Fire District violations. In response to Commissioner Maxey, Tom Potter, Department of
Planning Services, provided a brief history of the outstanding building permits, stating the
applicant was notified she needed to reapply and finalize inspections. Further in response
to Commissioner Maxey, Mr. Potter confirmed building permits expire after one (1) year.
Commissioner Ross echoed the comments of Commissioner Maxey regarding the
abovementioned beer bottle. In response to Commissioner Ross' question regarding the
"Takings Clause" of the Fifth Amendment of the U.S. Constitution, Mr. Conroy stated he
does not believe the applicant has recourse under said clause. Mr. Barker expanded the
Board provided due process and the applicant chose not to attend the hearing.
In response to Commissioner Maxey's earlier question regarding history of the building
permits, Mr. Conroy stated the fundamental difference between last year's renewal
hearing and this year's is that the County now has the presented evidence.
In response to Commissioner Ross, Mr. Conroy confirmed the applicant was present at
last year's renewal hearing, but chose not to speak. Commissioner Ross recalled the
Board encouraging the applicant to resolve the issues discussed regarding the
outstanding building permits.
In response to Commissioner Maxey, Mr. Potter stated the applicant needs to re -permit
the building, including the additional unit that has never been permitted, install a fire
sprinkler, and mitigate the other concerns of the Fire District. He also stated the Fire
District has recommended United Power, Inc., remove power to the building.
2025-1964
LC0042
Hearing Certification for Refusal to Renew Public Hearing Phase I — El Centenario
Entertainment, LLC, dba El Centenario Nightclub
Page 3
Maxwell Nader, Department of Planning Services, stated further recourse the Department
could pursue is the violation approach for the Site Plan Review Permit that is on -site.
Mr. Conroy explained that if the applicant continues operating, Weld County could also
pursue a temporary restraining order under the building code for a dangerous building.
Commissioner Ross stated power being removed from the building would likely prevent
sales due to the inability to cool beverages and Commissioner James agreed, stating that
would prevent the Board from considering the establishment to be a sound facility for
liquor licensing operations. Mr. Conroy concurred, stating if the applicant doesn't respond
to the concerns and the license is revoked, they could reapply, which would require the
County to conduct an inspection to ensure the building is no longer hazardous.
In response to Commissioner Maxey, Mr. Conroy advised the Board of protocol for
making a motion.
No public testimony was offered concerning this matter.
Commissioner Ross moved to set a Refusal to Renew Public Hearing Phase II on
August 11, 2025, at 9:00 a.m., based on the recommendations of staff and pursuant to
Sections 12-2-40.A and 12-2-40.C of the Weld County Code. The motion was seconded
by Commissioner Maxey and it carried unanimously. There being no further discussion,
the hearing was completed at 9:43 a.m.
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Hearing Certification, on motion duly made and seconded, by the following
vote on the 4th day of August, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppier: Aye
Kevin D. Ross: Aye
Attest:
Esther E. Gesick, Clerk to the Board
2025-1964
LC0042
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