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HomeMy WebLinkAbout1989-11-08 VLLA Agenda & MinutesPRESENT Steve Simonett Betty Neal Colleen McCarthy Bill Bishop Kevin Cassidy Pam Brandmeyer AGENDA LOCAL LICENSING AUTHORITY WEDNESDAY, NOVEMBER 8, 1989 REGULAR MEETING 10:00 A.M. ABSENT Larry Eskwith Swear in Steve Simonett, Term Expiring November 1991. 1. Consideration of the Board of a modification of Continued to 12- 13 -89. premises for Lancelot, Inc., dba, the Lancelot Restaurant. 2. Consideration of the Board of a corporate structure change for Chart House, Inc., dba, the Chart House. 3. Consideration of the Board of a Modification of premises for Slalom, Inc., dba, Nick's. 4. Consideration of the Board of a corporate structure change for Manor Vail Condominium Assocation. Continued to 12- 13 -89. Unanimously approved, 5 -0. Continued to 12- 13 -89. 5. Consideration of the Board of a manager regis- Continued to 12- 13 -89. tration for Marriott Corporation, dba, Marriott's Mark Resort - Stan Engeldorf. 6. PUBLIC HEARING - Consideration of the Board of an Unanimously approved, 5 -0. application for a Special Events Permit /Malt, Vinous, and Spirituous Beverages, by the Town of Vail, in conjunction with the Vail Public Library, on Tuesday, December 26, 1989, from 3:00 P.M. to 9:00 P.M. at the location of the Vail Public Library, 292 West Meadow Drive, Vail, Colorado. The officers are as follows: Town Manager - Ron Phillips Event Manager - Carol Ann Fox 7. PUBLIC HEARING - Consideration of the Board of an Unanimously approved, 5 -0. application for a Special Events Permit /Malt, Vinous, and Spirituous Beverages, by the Vail Chambers of Commerce, in conjunction with the Vail Valley Foundation, on Thursday, November 30, 1989, from 5:00 P.M. to 11:00 P.M., at the location of the Vail Public Library, 292 West Meadow Drive, Vail, Colorado. The officers are as follows: Executive Direction - Karen S. Morter Events Manager - Ceil Folz 8. PUBLIC HEARING - Consideration of the Board of Unanimously approved, 5 -0. a change of class of license from Arts Liquor License to a Beer /Wine License by the Vail Metropolitan Recreation District, dba, the John A. Dobson Arena, 321 East Meadow Drive, Vail, Colorado, and listing the following Board of Directors: Chairman, Tim Garton George Knox, Board Member Mery Lapin, Board Member Ken Wilson, Board Member Gail Molloy, Board Member Registered Manager, Tim Garton Unanimously approved, 5 -0. LOCAL LICENSING AUTHORITY REGULAR MEETING WEDNESDAY, NOVEMBER 8, 1989 PAGE TWO 9. PUBLIC HEARING - Consideration of the Board of an application for a Hotel /Restaurant Liquor License with Extended Hours by A. Rafih Benjelloun, an individual, dba, Mataam Fez - Vail, at the location of 1000 LionsRidge Loop. Registered Manager - A Rafih Benjelloun 10. PUBLIC HEARING- Consideration of the Board of an application for a Hotel /Restaurant Liquor License with Extended Hours by Alma Equities Corp., dba, L'Ostello, at the location of 705 West LionsHead Circle, Vail, Colorado, and listing the following officer, director, and shareholder: President /Director /1007 Shareholder - Lewis Futterman Registered Manager - Lewis Futterman Unanimously approved, 5 -0. Unanimously approved, 5 -0. Unanimously approved, 5 -0, with stipultion: Food service license, business license, & CO issued prior to liquor license issue. Continued to 11- 15 -89. 11. PUBLIC HEARING - Consideration of the Board of Licensee found guilty of a Show Cause and Notice of Hearing and Forfeiture violation. See attached Action in the matter of Koumbaros, Inc., dba, the Stipulation, Agreement, and Clocktower Cafe, to wit: Order. 12- 47- 111(1)(a)(IV) C.R.S., as amended. No license provided by this article shall be issued to or held by: Any corporation, any of whose officers, directors, or stockholders hold- ing over ten percent of the outstanding and issued capital stock thereof are not of good moral character. To wit: The corporation has failed to remit trust fund monies (tax money) to the Town of Vail in a timely fashion. 12. PUBLIC HEARING - Consideration of the Board of the following items for Koumbaros, Inc., dba, the Clocktower Cafe: 1) Renewal of Hotel /Restaurant Liquor License with Extended Hours 2) Change of location from 232 Bridge Street, Vail, Colorado, to 2211 North Frontage Road West, Vail, Colorado. 3) Corporate Structure Change a. Roger L. Riggert 5% Shareholder b. Shari A. Riggert 5% Shareholder C. Terry Evans 5% Shareholder d. Doyle W. Busskohl 85% Shareholder 4) Registered Manager - Roger L. Riggert 5) Change of trade name from Koumbaros, Inc., dba, the Clocktower Cafe, to Koumbaros, Inc., dba, CJ Capers. See attached Stipulation, Agreement, and Order. Unanimously approved, 5 -0. Unanimously approved, 5 -0. Unanimously approved, 5 -0. So noted. LICENSEE MUST APPEAR AT 11 -15 -89 SPECIAL MEETING. 13. Notification of the Board of recent incident Continued to 11- 15 -89. reports. LOCAL LICENSING AUTHORITY REGULAR MEETING WEDNESDAY, NOVEMBER 8, 1989 PAGE THREE 14. Notification of the Board of recent renewals: a. Vail Village Inn, Inc., dba, the Coyote Bar b. Hard Knox, Inc., dba, the Pizza Bakery c. La Tour, Ltd., dba, La Tour d. Gasthof Gramshammer, Inc. e. P.C. Brittingham, dba, Ironworks at Vail f. Marriott Corp., dba, Marriott's Mark Resort g. Lodge Properties, Inc., dba, the Lodge at Vail h. Manor Vail Condominium Association i. Sonnenalp Properties, Inc., dba, the Chalet Bar 15. Any other matters the Board wishes to discuss. a. In December, the Slope will be undergoing two changes, which are as follows: 1) Change of class of license from Tavern Liquor License to Beer /Wine License 2) Change of ownership (1007) to Joel Gros Unanimously approved. Unanimously approved. Unanimously approved. Unanimously approved. Unanimously approved. Unanimously approved. Unanimously approved. Unanimously approved. Unanimously approved. So noted. Meeting adjourned at 1:10 P.M. � / 1 AGENDA LOCAL LICENSING AUTHORITY WEDNESDAY, NOVEMBER 8, 1989 REGULAR MEETING 10:00 A.M. Swear in Steve Simonett, Term Expiring November 1991. 1. Consideration of the Board of a modification of Continued to 12- 13 -89. premises for Lancelot, Inc., dba, the Lancelot Restaurant. 2. Consideration of the Board of a corporate Continued to 12- 13 -89. structure change for Chart House, Inc., dba, the Chart House. 3. Consideration of the Board of a Modification of premises for Slalom, Inc., dba, Nick's. a , 4. Consideration of the Board of a corporate Continued to 12- 13 -89. structure change for Manor Vail Condominium Assocation. 5. Consideration of the Board of a manager regis- Continued to 12- 13 -89. tration for Marriott Corporation, dba, Marriott's Mark Resort - Stan Engeldorf. 6. PUBLIC HEARING - Consideration of the Board of an 160-15- (yA application for a Special Events Permit /Malt, Vinous, and Spirituous Beverages, by the Town of Vail, in conjunction with the Vail Public Library, on Tuesday, December 26, 1989, from 3:00 P.M. to 9:00 P.M. at the location of the Vail Public (,((` 5%a Library, 292 West Meadow Drive, Vail, Colorado. K�liUlu. ` The officers are as follows: Town Manager - Ron Phillips /1N"A1 Event Manager - Carol Ann Fox 7. PUBLIC HEARING - Consideration of the Board of an &t `, eg&" application for a Special Events Permit /Malt, A0 Ott Vinous, and Spirituous Beverages, by the Vail Chambers of Commerce, in conjunction with the Vail Valley Foundation, on Thursday, November 30, 1989, from 5:00 P.M. to 11:00 P.M., at the location of the Vail Public Library, 292 West Meadow Drive, Vail, Colorado. The officers are as follows: ��4(.Cl/iW�1l� (� W'L(.0 - /f�L(�C w,kkA) Executive Direction - Karen S. Morter Events Manager - Ceil Folz_,P 8. PUBLIC HEARING - Consideration of the Board of (�r� a change of class of license from Arts Liquor License to a Beer /Wine License by the Vail Metropolitan Recreation District, dba, the John A. Dobson Arena, 321 East Meadow Drive, Vail, Colorado, and listing the following Board of Directors: Chairman, Tim Garton George Knox, Board Member Mery Lapin, Board Member Ken Wilson, Board Member Gail Molloy, Board Member Registered I Manager, Tim Garton A -\ ,11,,-4. - �' A. (�,X-" . S -a t k 'W LOCAL LICENSING AUTHORITY REGULAR MEETING WEDNESDAY, NOVEMBER 8, 1989 PAGE TWO 9. PUBLIC HEARING - Consideration of the Board of Lp at 6 *ic'k an application for a Hotel /Restaurant Liquor License with Extended Hours by A. Rafih Benjelloun, an individual, dba, Mataam Fez - Vail, at the location of 1000 LionsRidge Loop. Registered Man ger - A Ra; h Benjelloun Luc o 10. PUBLIC HEARING- Consideration of the Board of an application for a Hotel /Restaurant Liquor r(Hl/Kd"fNVf,NM License with Extended Hours by Alma Equities Corp., dba, L'Ostello, at the location of 705 West LionsHead Circle, Vail, Colorado, and ✓�� listing the following officer, director, and a &i4 -- G 1 4 6 shareholder: I,�PQ�, ktL "(,6( • TD V President /Director /1007 Shareholder - Lewis kA RL' Futterman �j�y,�'- ' W1 �'f4 n /P 6) Po W Avtl t d Cc Registered Manager - Lewis Futter an Cont' ued to 11- 15 -89. 11. PUBLIC HEARING - Consideration of the Board of a Show Cause and Notice of Hearing and Forfeiture o Action in the matter of Koumbaros, Inc., dba, the Clocktower Cafe, to wit: 12- 47- 111(1)(a)(IV) C.R.S., as amended. No 7 4(,1/nl/h 4 license provided by this article shall be seu issued to or held by: Any corporation, any of p _ whose officers, directors, or stockholders hold- ing over ten percent of the outstanding and issued capital stock thereof are not of good moral ,�GQ �nliM character. To wit: ��IInn di-P 0 Q The corporation has failed to remit trust fund monies (tax money) to the Town of Vail in a timely fashion. EL q 0 76 i • d 12. PUBLIC HEARING - Consideration of the Board of lt�� the following items for Koumbaros, Inc., dba, the Clocktower Cafe: 4. 4 . . 10 1) Renewal of Hotel /Res aurant Liquor License Q- ,�' with Extended Hours j�1�UUC 6vt uly,".5 -0 b. OdtCIb'`ll"k 2) Change of location from 232 Bridge Street, Vail, Colorado, to 2211 North Frontage Road JJJ"' West, Vail, Colorado. '_ a- t(jy�, 6•0 3) Corporate Structure Change a. Roger L. Riggert 57 Shareholder b. Shari A. Riggert 57 Shareholder C. Terry Evans 57 Shareholder d. Doyle W. Busskohl 857 Shareholder) 4) Regi iered Manager - Roger L. Riggert, 5) Change of trade name from Koumbaros, Inc., n��( dba, the Clocktower Cafe, to Koumbaros, Inc., dba, CJ Capers. 13. Notification of the Board of recent incident Continued to 11- 15 -89. reports. LOCAL LICENSING AUTHORITY REGULAR MEETING WEDNESDAY, NOVEMBER 8, 1989 PAGE THREE 14. Notification of the Board of recent renewals: a. Vail Village Inn, Inc., dba, the Coyote - Bar b. Hard Knox, Inc., dba, the Pizza Bakery c. La Tour, Ltd., dba, La Tour d. Gasthof Gramshammer, Inc. e. P.C. Brittingham, dba, Ironworks at Vail f. Marriott Corp., dba, Marriott's Mark Resort g. Lodge Properties, Inc., dba, the Lodge at Vail h. Manor Vail Condominium Association i. Sonnenalp Properties, Inc., dba, the Chalet Bar 15. Any other matters the Board wishes to discuss. a. In December, the Slope will be undergoing two changes, which are as follows: 1) Change of class of license from Tavern Liquor License to Beer /Wine License 2) Change of ownership (100%) to Joel Gros ©$ 1� 9 Wet 4" q @ r I PiP4u,�(t' 15 '09 G7�(.(�(, - - v'_ �- �''__�• d�_� -�C'45 �^ a.�t �,c.�,,a.( �a.c� w,ux,� ?G1Wt ,u�,o BEFORE THE LOCAL LIQUOR LICENSING AUTHORITY TOWN OF VAIL STATE OF COLORADO, VAIL , COLORADO ORDER TO SHOW CAUSE AND NOTICE OF HEARING, AND FORFEITURE ACTION IN THE MATTER OF: KOUMBAROS INC. CLOCKTOWER INN CAFE 232 BRIDGE ST. VAIL, COLORADO 81657 WHEREAS, it has been made to appear to the Local Licensing Authority, Town of Vail, Liquor Licensing Board, Vail, Colorado that Koumbaros Inc., has violated the statutes or the rules and regulations of the Colorado Liquor Code governing its license in the following particulars: I.Violation of 12 -47 -111 (1)(a)(IV) No license provided by this article shall be issued to or held by: Any corporation any of whose officers, directors, or stockholders holding over ten percent of the outstanding stock thereof are not of good moral character. A. Since January of 1968 through September of 1989 there have been only two instances of timely payments for sales taxes to the Town of Vail. NOW THEREFORE, you are hereby ordered to appear before this _ authority at VAIL TOWN HALL 75 S. FRONTAGE RD VAIL COLORADO ON the 8TH day of NOVEMBER , 1989 at the hour of 10:00 o'clock A.M. or as soon thereafter as you can be heard, to show cause why your said license should not be suspended or revoked as by law provided and or the articles described should not be forfeited. A pre - hearing meeting with the Liquor Licensing Board to discuss matters relating to this Hearing may be arranged upon your request. You should contact the board as soon as possible as of the date of this Notice to arrange such a conference. You are entitled to have an attorney represent you at the hearing. If you should retain an attorney, you should do so well in advance of the hearing. If a postponement of the hearing is desired, it should be requested as soon as possible to the above - mentioned date. A postponement will not be granted except for good cause shown. If you should fail to appear at the aforementioned time and place, testimony will be taken in reference to the allegations, upon which evidence your license to operate under the terms of the Colorado Liquor code may be suspended or revoked. Page 2 Notice of Hearing Please be further advised that if the board does find you in violation of any of the above -cited section(s) of the Colorado Liquor Code, the board may consider in selecting the sanction to be imposed against you, all prior violations of the Liquor Code by you as well as any sanctions previously imposed against you. IT IS FURTHER ORDERED that a copy of this Order and Notice shall be mailed or delivered to the above - mentioned licensee. IN WITNESS WHEREOF, I have hereunto set my hand and seal of my office this day of , 14_ VAIL LIQUOR LICENSING BOARD qt kk*AY to • t 9 • c9 l( Ct >> SENATE BILL NO. 113. Winkler; also REPRESENTATIVES Ruddick, Bond, Coffman, DeHerrera, P. Hernandez, T. Hernandez, Mutzebaugh, Thiebaut, Webb, and S. Williams. BY SENATORS McCauley, Peterson, Powers, Wattenberg, and CONZERNING THE ISSUANCE OF A TEMPORARY LICENSE UNDER THE "COLORADO LIQUOR CODE" UPON EXPIRATION OF AN ANNUAL LICENSE ISSUED UNDER SAID CODE. Be it enacted �y the General Assembly of the State of Colorado SECTION 1. 12 -47 -106 (1) 1985 Repl. Vol., is amended, amended, is further amended PARAGRAPH, to read: (a), Colorado Revised Statutes, and the said 12 -47 -106 (1), as BY THE ADDITION OF A NEW 12 -47 -106. Licensing - general provisions (1) (a) No local licensing authority shall issue a license provided for in this article until that share of the license fee due the state has been received by the department of revenue. All licenses granted pursuant to the provisions of this article, EXCEPT TEMPORARY LICENSES ISSUED PURSUANT TO THE PROVISIONS OF PARAGRAPH (b.5) OF THIS SUBSECTION (1), shall be valid for a period of one year from the date of their issuance unless revoked or suspended pursuant to section 12 -47 -110. (b.5) Notwithstanding the provisions of paragraph (b) of this subsection (1), any licensee whose license expires and is not renewed may, upon the filing of an application for a permanent annual alcoholic beverage license, also apply to the state licensing authority or the local licensing authority for a temporary license to allow continued operation of a licensed premises, including the manufacture, distribution, sale, dispensing, or serving of alcoholic beverages, under the same terms and conditions as provided in the expired license. The Capital letters indicate new material added to existing statutes; dashes through words indicate deletions from existing statutes and such material not part of act. RECT J U N 1 9 1989 li•:• application for the permanent annual alcoholic beverage license shall require a public hearing pursuant to the provisions of section 12 -47 -136, and all other requirements of current law pertaining to permanent licenses shall be met in order for such license to be granted. Such application shall be made to the local licensing authority if the regular annual license was for a retail liquor store license, liquor licensed drugstore, hotel and restaurant license, beer and wine license, tavern license, club license, arts license, racetrack license, or optional premises license. The application to the local licensing authority shall be on forms provided by the local licensing authority and shall contain such information as is deemed necessary by such local licensing authority. For any other license issued under this article, the application shall be made to the state licensing authority. Such application shall be made no later than ninety days after the expiration of the permanent annual license. An application fee of no more than two hundred fifty dollars ($250.00) payable to the local licensing authority shall be paid with each application for a temporary license submitted to a local licensing authority. In no event shall a temporary license be issued where renewal of the original license has been denied. The state licensing authority or the local licensing authority that receives an application for such temporary license shall approve such application and issue a temporary license, when the annual license expired solely as the result of the licensee's inadvertent failure to make application for renewal or any administrative error or mistake. The licensing authority may hold a hearing to determine whether the failure to renew was inadvertent or due to administrative error or mistake. Pending the holding and outcome of such hearing, the licensee shall be allowed to continue operation of the licensed premises under the same terms and conditions as provided in the expired license. Such temporary license shall be valid until the licensee's application for a regular annual license has been processed and finally acted upon by the state and local licensing authorities; except that in no event shall such license be valid for more than one hundred twenty days. Such temporary license shall be subject to the same provisions for revocation or suspension under section 12 -47 -110 as are other licenses granted pursuant to the provisions of this article. SECTION 2. Safety clause The general assembly hereby PAGE 2- SENATE BILL NO. 113 finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety. _ '1 n n f n ( . . .. Ted L. Strickland PRESIDENT OF THE SENATE L Carl B. Bledsoe SPEAKER OF THE HOUSE OF REPRESENTATIVES ,ki hn M. Albi Lee C. A6hrych ECRETARY OF CHIEF CLERK OF 4 HOUSE THE SENATE OF REPRESENTATIVES r�� . `' • - 4 mer OR OF THE STATE OF COLORADO PAGE 3- SENATE BILL NO. 113 NO of voi 75 south frontage road vail, colorado 81657 (303) 479 -2136 TO: LIQUOR AUTHORI MEMBERS FROM: PAM BRANDME � DATE: 250CT89 RE: SPECIAL MEETING WEDNESDAY, NOVEMBER 15, 1989 Larry has requested we call a special meeting for the Local Licensing Authority on Wednesday, November 15, 1989, at either 8:00 A.M. or 11:00 A.M., in the Council Chambers of the Vail Municipal Building. As you know, Larry will be out of the office from Friday of this week and will return to these offices on November 13, 1989. We have two items that he must be in attendance for and they are as follows: 1. Optional Premises License - Steven Satterstrom, Inc., dba, Satch's Restaurant at the Golf Course, applicant V iol 0� �-? IV 2. Suspension /Revocation Hearing for The Club Tavern Liquor License (OR, this can be delayed to the 12 -13 -89 regular meeting) / Please let me know at your earliest convenience if you can meet at either of these times on the 15th. Thanks! � o•a7,,pp8��p. &)A, V PO 4, At S1R 11 1544 / 1.15• &5 �b•3o C 8 00 11, 11: (o � o •d 9 f ,� 4K • N . NO of voi 75 south frontage road vall, colorado 81657 (303) 479 -2136 TO: LOCAL LICENSING UTHORITY MEMBERS FROM: PAM BRANDMEY DATE: 130CT89 RE: SUSPENSION /REVOCATION HEARING Larry has asked that each of you review the attached case report regarding The Club Tavern Liquor License. He is recommending that you call for a suspension /revocation hearing scheduled Wednesday, November 8, 1989. Please let either Georgie or me know at your earliest convenience if you wish to proceed with call this suspension /revocation hearing. Thanks! Beer burglary bust n_e_t's'1'T Three Vail men have been arrested and several juveniles issued summons in connection to a May theft of beer from the starter shack at the Vail Golf Club. Misha Moritz, 19, was ar- rested and charged with sec- ond- degree burglary and un- lawful acts pertaining to a mi- nor. Jaque Lazier, 18, of Vail, has also been charged with unlawful acts pertaining to a minor, as well as theft by re- ceiving. David Taylor Carrie, 19, also of Vail, has been charged with criminal imper- sonation and possession of a fermented beverage. Police say about 15 cases of beer were stolen from the starter shack on May 12. Entry was gained by breaking a win- dow. In the early morning hours Of May 14, a Vail police officer was on his way home when he noticed the yard of 1694 Mat- terhorn Circle littered with empty beer cans. He contacted Moritz, who lives at the home with his parents. Moritz re- portedly told police that he'd had a birthday party on May 13 while his parents were away, and that seven cases of beer were made available to his guests. He indicated that the beer was brought by several Battle Mountain High School students and that he believed the beer was stolen. But after investigation, po- lice say three 17- year -old boys, all students at Vail Mountain School, took the beer after Moritz instructed them how they could do so by breaking into the starter shack through the door or window. Although police believe Moritz took no part in the bur- glary, they think he "had enough involvement" to prove a case against him, said Vail police spokesman Rick Ono - rato. Onorato said eight juveniles have been summoned for their role in the burglary, having knowledge of the crime, or transporting the beer. If proven guilty of second - degree burglary, Moritz could face a jail sentence of two to four years and a fine of $2,000 to $500,000. Lazier's charges are misde- meanors. Carnie faces a misdemeanor charge for possessing the beer, and a felony charge of criminal impersonation because when contacted by police he tried to pretend he was someone else, said Onorato. PRESENT ABSENT Steve Simonett None Bill Bishop Kevin Cassidy Betty Neal Colleen McCarthy Larry Eskwith Pam Brandmeyer AGENDA LOCAL LICENSING AUTHORITY SPECIAL MEETING WEDNESDAY, NOVEMBER 15, 1989 11:00 A.M. 1. Notification of the Board of an application for Approved unanimously w/ Optional Premises, in conjunction with an stipulation: TOV be named existing Hotel /Restaurant Liquor License, by additional insured; raise Steven Satterstrom, Inc., dba, Satch's Restaurant insurance to $500,000.00 at the Clubhouse. 2. Consideration of the Board of a manager registra- tion for Alma Equities Corp., dba, L'Ostello - Lewis Futterman. 3. Consideration of the Board of the following items for Arizona DTM, Inc., dba, the Doubletree Hotel: a. Renewal b. Corporate Structure Change 1) Secretary /Treasurer, William C. Barnett, replacing Phillip M. Tubb 2) Director, James E. Grier, replacing James N. Schmidt 3) 100% transfer of stock to DT Management, 4. PUBLIC HEARING - Consideration of the Board of an application for a Beer /Wine License by Rita H. Wasmeier, dba, Nozawa, at the location of 2211 North Frontage Road West, Vail, Colorado. Manager Registration - Rita H. Wasmeier 5. Consideration of the Board of the following items for Koumbaros, Inc., dba, C.J. Capers: Inc. a. Review and acceptance of Findings, Conclusion, and Order, dated November 8, 1989. b. Review and acceptance of Stipulation and Agreement, dated November 8, 1989. Unanimously approved, 5 -0. Unanimously approved, 5 -0. Unanimously approved, 5 -0. Unanimously approved, 5 -0, w /stipulation re:any inter- ference from any other entity to be reported. Unanimously approved, 5 -0. Unanimously approved, 5 -0. Unanimously approved, 5 -0. AGENDA LOCAL LICENSING AUTHORITY SPECIAL MEETING WEDNESDAY, NOVEMBER 15, 1989 11:00 A.M. #v,#t6 ('1' � �Mi+tC Ord.• e����,yjy�,� 1. Notification o e Board of an application for %b��� Optional Premises, in conjunction with an existing Hotel /Restaurant Liquor License, by Steven Satterstrom, Inc., dba, Satch's Restaurant 7DC' �� `U, a the Clubhouse. C U'tit3tt t'►l 4 4W"# "'k ye 16 -J �.t�tukGAL s't(i = Gt,U,ux, �C�tinuoia C�• �te,Ct : �icC q�u •dcat�e. 2. Consideration of the Board of a manager gistra- K J�A tion for Alma Equ ies Corp., dba, L'Ostello - yfiaMr N6U &LA. Lewi Futterman. U,K,at . n o p ider ft ation Gti wuK,o 6.03. o the Board of the following for Arizona DTM, Inc., dba, the Doubletree Hotel: l &lit' 80�,� , e er►MD�rellc� ~fly)( a. Renewal 044tA - f J "- U44A 5O b. Corporate Structure Change 1) Secretary /Treasurer, William C. Barnett, replacing Phillip M. Tubb 2) Director, James E. Grier, replacing James( N. Schmidt e• 3) 100% transfer of stock to DT Management, Inc. 1 a 4. PUBLIC HEARING - Consideration of the Bo of J �µ U �" ✓.►N1� -O an application for a Beer /Wine License bita H. �� 5 Wasmeier, dba, Nozawa, at the location of 2211 Wk /North Frontage Road West, Vail, Colorado. 5. Consideration of the Board of the following items for Koumbaros, Inc., dba, C.J. Capers: a. Review and acceptance of Findings, Conclusion,a and Order, dated November 8, 1989. b. Review and acceptance of Stipulation and Agreement, dated November 8, 1989. &A: •(�lilMitl of �� e `a- o ��e 41 Ion of uai 75 south frontage road vail, colorado 81657 (303) 479 -2136 PUBLIC NOTICE THIS NOTICE SERVES TO ADVISE THAT A SPECIAL MEETING OF THE LOCAL LICENSING AUTHORITY FOR THE TOWN OF VAIL WILL BE CONVENED ON WEDNESDAY, NOVEMBER 15, 1989, AT 11:00 A.M., IN THE SMALL CONFERENCE ROOM OF THE VAIL MUNICIPAL BUILDING, 75 SOUTH FRONTAGE ROAD, VAIL, COLORADO. THE PUBLIC IS INVITED TO ATTEND AND BE HEARD. TOWN OF VAIL PAMELA A. BRANDMEYER SECRETARY TO THE AUTHORITY ,, .4 ..K lowl 75 south frontage road vail, Colorado 81657 (303) 476 -7000 office of the town manager BEFORE THE LOCAL LICENSING AUTHORITY 75 SOUTH FRONTAGE ROAD WEST VAIL, COLORADO 81657 TM VAIL1989 FINDINGS, CONCLUSION AND ORDER KOUMBAROS, INC. D /B /A, CJ CAPERS 2211 NORTH FRONTAGE ROAD WEST VAIL, COLORADO 81657 LICENSE #04 -62684 This matter came on for hearing on Wednesday, November 8, 1989, at 10:00 A.M., in the Council Chambers of the Vail Municipal Building, 75 South Frontage Road West, Vail, Colorado, pursuant to an Order to Show Cause and Notice of Hearing and Forfeiture Action, issued to Koumbaros, Inc., dba, the Clocktower Cafe, "Licensee." The licensee was represented at this hearing by Roger Riggert, President / Treasurer /Director /Shareholder, and Terry Evans, Shareholder /Director; the Local Licensing Authority was represented by Gary- Bates, Liquor Enforcement Agent with the State of Colorado, Department of Revenue. The Local Licensing Authority for the Town of Vail (hereinafter "Authority "), having heard all the testimony, received the exhibits, and having heard oral arguments, makes the following findings, conclusions, and order: FINDINGS OF FACT The licensee is found guilty of 12- 47- 111(1)(a)(IV), C.R.S., as amended. No license provided by this article shall be issued to or held by: Any corporation, any of whose officers, directors, or stockholders holding over ten percent of the outstanding and issued capital stock thereof r„ • I } FINDINGS, CONCLUSIONS AND ORDER BETWEEN THE LOCAL LICENSING AUTHORITY OF THE TOWN OF VAIL, COLORADO, AND KOUMBAROS, INC., DBA, THE CLOCKTOWER CAFE PAGE TWO are not of good moral character. To wit: The corporation has failed to remit trust fund monies (tax money) to the Town of Vail in a timely fashion, commencing January 1988 and continuing through September of 1989. CONCLUSIONS AND ORDER Based on the Conclusion of guilt, the Local Licensing Authority shall provide six (6) items in a Stipulation and Agreement (hereto attached as Exhibit 1), all of which must be met prior to a change of location renewal, and change of trade name for this license. DONE AND SIGNED this Wednesday, November 15, 1989. STEVE SIMONETT, CHAIRMAN LOCAL LICENSING AUTHORITY TOWN OF VAIL, COLORADO ATTEST: PAMELA A. BRANDMEYER, SECRETARY a fowl 75 south frontage road vail, Colorado 81657 (303) 476.7000 office of the town manager BEFORE THE LOCAL LICENSING AUTHORITY 75 SOUTH FRONTAGE ROAD WEST VAIL, COLORADO 81657 Im VAIL 1989 STIPULATION AND AGREEMENT IN THE MATTER OF: KOUMBAROS, INC. D /B /A, CJ CAPERS 2211 NORTH FRONTAGE ROAD WEST VAIL, COLORADO 81657 LICENSE #04 - 62684 THIS AGREEMENT BETWEEN the Local Licensing Authority for the Town of Vail, Colorado, and Koumbaros, Inc., dba, CJ Capers, is offered for the purpose of a settlement of the matters detailed in this Notice (Exhibit 1 attached hereto). The above named parties submit and agree as follows: 1. Licensee will submit to the Local Licensing Authority an accounting system by 11:00 A.M., Wednesday, November 15, 1989. 2. Payment for December 1988 Town of Vail sales tax must be satisfied either by a return and full payment of same or a cancelled check as proof of payment by 11:00 A.M., Wednesday, November 15, 1989. 3. Proof of two bank accounts must be presented to the Local Licensing Authority by 11:00 A.M., Wednesday, November 15, 1989, with one account being denoted as an account for deposit of all taxes due governmental agencies and the second account for operating expenses only. 6ti; ta�f STIPULATION AND AGREEMENT BETWEEN THE LOCAL LICENSING AUTHORITY, TOWN OF VAIL, COLORADO, AND KOUMBAROS, INC., DBA, CJ CAPERS NOVEMBER 8, 1989 PAGE TWO 4. Koumbaros, Inc., dba, CJ Capers, hereby designates Terry Evans as the responsible agent for payment of all taxes due governmental agencies. 5. Any delinquencies for the payment of sales tax in the Town of Vail, or any other violation of law, shall be reported to the Local Licensing Authority for the Town of Vail, Colorado, immediately, and shall be cause for an immediate call to suspension /revocation hearing. This probationary period shall continue from one year forward from the date of signing this document. 6. Any act perpetrated by any person or parties against the licensee that could cause the licensee to violate local, county, state or federal law, shall be reported in writing, specifying the perpe- tration, to this Authority within five (5) days of the act. This Stipulation, Agreement, and Order shall not be effective unless and until approved by the Local Licensing Authority for the Town of Vail; Colorado. Steve Simonett, Chairman Local Licensing Authority November 15, 1989 Koumbaros, Inc. dba, CJ Capers Roger Riggert, President November 15, 1989 CERTIFICATE OF SERVICE A VAIL POLICE OFFICER, DO HEREBY CERTIFY THAT I SERVED A SHOW CAUSE NOTICE OF HEARING - DATED November 2, 1989 ON THE FOLLOWING PERSON: f SERVICE WAS DONE ON THE �� DAY OF _�.1 �vr,r,.,�a1 , 19 c . DATED: // 5 y BY: 14 �c�v��� VAIL POLICE OFFICER STATE OF COLORADO COUNTY OF EAGLE ss. SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF 19 R -? — MY COMMISSION EXPIRES: 1012 /pD NOTARY PUBLIC BEFORE THE LOCAL LIQUOR LICENSING AUTHORITY TOWN OF VAIL STATE OF COLORADO, VAIL , COLORADO ORDER TO SHOW CAUSE AND NOTICE OF HEARING, AND FORFEITURE ACTION IN THE MATTER OF: KOUMBAROS INC. CLOCKTOWER INN CAFE 232 BRIDGE ST. VAIL, COLORADO 81657 WHEREAS, it has been made to appear to the Local Licensing Authority, Town of Vail, Liquor Licensing Board, Vail, Colorado that Koumbaros Inc., has violated the statutes or the rules and regulations of the Colorado Liquor Code governing its license in the following particulars: I.Violation of 12 -47 -111 (1)(a)(IV) No license provided by this article shall be issued to or held by: Any corporation any of whose officers, directors, or stockholders holding over ten percent of the outstanding stock thereof are not of good moral character. A. Since January of 1988 through September of 1989 there have been only two instances of timely payments for sales taxes to the Town of Vail. NOW THEREFORE, you are hereby ordered to appear before this _ authority at VAIL TOWN HALL 75 S. FRONTAGE RD VAIL.COLORADO. ON the 8TH day of NOVEMBER , 1989 at the hour of 10:00 o'clock A.M. or as soon thereafter as you can be heard, to show cause why your said license should not be suspended or revoked as by law provided and or the articles described should not be forfeited. A pre - hearing meeting with the Liquor Licensing Board to discuss matters relating to this Hearing may be arranged upon your request. You should contact the board as soon as possible as of the date of this Notice to arrange such a conference. You are entitled to have an attorney represent you at the hearing. If you should retain an attorney, you should do so well in advance of the hearing. If a postponement of the hearing is desired, it should be requested as soon as possible to the above - mentioned date. A postponement will not be granted except for good cause shown. If you should fail to appear at the aforementioned time and place, testimony will be taken in reference to the allegations, upon which evidence your license to operate under the terms of the Colorado Liquor code may be suspended or revoked. Page 2 Notice of Hearing 1 Please be further advised that if the board does find you in violation of any of the above -cited sections) of the Colorado Liquor Code, the board may consider in selecting the sanction to be imposed against you, all prior violations of the Liquor Code by you as well as any sanctions previously imposed against you. IT IS FURTHER ORDERED that a copy of this Order and Notice shall be mailed or delivered to the above - mentioned licensee. IN WITNESS WHER OF, I have hereunto set my hand and seal of my office this c> day of OV , 19 �� � IfLafisL'� ATTEST: Pamela A. Brandmeyer Secretary to the Authority INVESTIGATIVE REPORT DATE INVESTIGATOR VIOLATOR STATUTES VIOLATED OFFENSE DATES CASE NO . 89-03 -104 10 -31 -89 Gary Bates Koumbaros Inc. Clocktower Inn Cafe 232 Bridge St. Vail, Colo. 81657 G-04 -62664 12 -47 -111 (1)(a)(IV) No license provided by this article shall be issued to or held by: Any corporation, any of whose officers, directors, or stockholders holding over ten percent of the outstanding and issued capital stock therof are not of good moral character. To Wit: The corporation has failed to remit trust fund monies (tax money) to the Town of Vail in a timely fashion. From January 1988 through Sept. 1989 PLACE OF OFFENSE Eagle County, Vail, Colo. Page 2 Clocktower MONEY VALLE INVOLVED Variable depending upon the time of year, and the amount collected and not remitted to the Town of Vail. VICTIM SYNOPSIS The people of the Town of Vail and the people of the State of Colo. During the period of January of 19BB and through the month of Sept. 1989, the corporation has failed to remit it's sales taxes in a timely fashion, to the Town of Vail. There have been two instances for the period that have been paid in a timely fashion. DETAILS OF OFFENSE Starting in January of 1988 and proceeding through Sept. of 1989 Koumbaros Inc. the liquor licensee for the Clocktower Inn Cafe has been late in the remitting of sales taxes, except for two months. During the month of June 1986 and the month of Sept. 1986 the sales taxes were paid 12 days and 13 days early, respectively. The rest of the year of 1988 reflected payment's that were as little as 5 days late, to as much as December of 1988, that the town shows no record of ever receiving. This reflects, as an average of 24 days late for the 11 months of 1988; not inclusive of December of 1988. During the year 1989 there has been no record of a sales tax payment ever being on time. For the months of January through July, collection was effected on an average of 20 days late for each month. As of the date of composition of this report, there have been no payments received for either of the months of August or September. The Town of Vail is expending a great amount of it's personnel resources in the collection of deliquent sales taxes from the corporation. The taxpayer is also put into a precarious position of having to pay large penalties and interest based on the non - payment of taxes. Page 3 Koumbaros Attached please find a document titled Clocktower Cafe, Sales tax return filing history.(E -1). This was prepared by the Town of Vail finance department. As evidenced by the far right column titled, "number of days late ",it is evident that the taxpayer has no regard for his responsibility of collecting and remitting sales taxes in a timely fashion. HISTORY OF VIOLATOR• One of the provisions for holding a liquor license in the Town of Vail and the State of Colo. provides that a license may not be issued to or held by anyone who is not of good character and reputation. The non- payment of trust fund monies, that are collected for government entities, and not remitted by the collector are an indication of bad character and reputation. Since the Town of Vail has started collecting sales taxes from vendors within the Town of Vail in December of 1988, it has not enjoyed a viable and pleasant working relationship with the corporation known as Koumbaros Inc. The town has expended may man hours in efforts to bring the taxpayer current in the payment of sales taxes. It seems that no amount of education or monetary punishment has any effect on enforceing or ingraining any responsibility within the taxpayer. If the business practices of the corporation continue in the previous fashion, the corporation is not entitled to the privileges of holding a liquor license within the Town of Vail and the State of Colorado. WITNESS LIST W -1 Danielle Hecker Town of Vail Sales Tax Administrator 75 S. Frontage Rd. Vail, Colo. 81657 303 479 -2125 EXHIBIT LIST E -1 Town of Vail Sales Tax Return Filing History for the Clocktower Cafe. WITNESS EXHIBIT NUMBER CHARGES Danielle Hecker W-1 E -1 12 -47 -111 (1)(a) (IV) CONCLUSIONS AND RECOPMENDATIONS It is recommended that the Town of Vail Liquor Licensing authority hold a hearing regarding the non - compliance of law by the Corporation. The authority needs to rule as to whether the corporation should continue to enjoy the privileges of possession of a liquor license or have that privilege restricted by the local licensing authority. Exhibit E -1 October 20, 1989 CLOCKTOWER CAFE SALES TAX RETURN FILING HISTORY JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC DUE DATE 02/20 03/20 04/20 05/20 06/20 07/20 08/20 09/20 10/20 11/20 12/20 01/20/89 PAID ON 03/08 04/13 07/18 06/06 07/08 07/08 08/25 11 /01 10/07 01/09 01/09 Gft - r-- 'T 7- p # DAYS LATE 16 23 88 16 18 5 41 39 19 •O• JAN FEB MAR APR MAY JUNE JULY AUG SEPT DUE DATE 02/20 03/20 04/20 05/20 06/20 07/20 08/20 09/20 10/20 PAID ON # DAYS LATE 03/09 19 04/27 37 04/26 6 06/07 17 07/10 20 08/02 12 09/20 30 NOT PAID SUMMONS ISSUED ? ?? ? ??