HomeMy WebLinkAbout1991-08-14 VLLA Agenda & MinutesAGENDA
Present
Absent
LOCAL LICENSING AUTHORITY
Bishop
Simonett
REGULAR MEETING
Thomas
Cassidy
AUGUST 14, 1991
Wilson
10:00 A.M.
1. Consideration of the Authority of a modification of premises
for Clair- Boris, Inc., dba, Montauk.
Gary Boris present. Approved: 3 -0
2. Consideration of the Authority of a modification of premises
for CS of Boulder, Ltd., Dr. Alan Stormo, dba, Siamese Orchid,
Ltd.
Chai Kulvet present. Approved: 3 -0, with the following
conditions: a) must obtain Design Review Board approval
(PEC approval obtained 8/12)
b) must provide copy of lease assignment.
3. PUBLIC HEARING - Consideration of the Authority of an
application for a Special Events Permit, Malt /Vinous/
Spirituous Beverages, by the Worldwide Church of God, on
Saturday, September 21, 1991, from 3:00 P.M. to 12:00
midnight, at the location of the Vail Public Library, 292 West
Meadow Drive, Vail, Colorado. Officers for this event are as
follows:
President - Douglas Horchak
Events Manager - Gary Flesner
Gary Flesner present. Approved: 3 -0
4. PUBLIC HEARING - Consideration of the Authority of an
application for a Special Events Permit, Malt /Vinous/
Spirituous Beverages, by the Vail Resort Association, on
Friday, August 30, Saturday, August 31, Sunday, September 1,
and Monday, September 2, 1991, from 10:00 A.M. to 6:00 P.M.
each day, at the location of Lionshead Mall, Tract C, Vail,
Colorado. Officers for this event are as follows:
President - Sylvia Blount
Events Manager - Deberah Ramsey
Deberah Ramsey present. Approved: 3 -0, with the
following condition: a) must obtain food service
approval from the Environmental Health Officer.
5. PUBLIC HEARING - Consideration of the Authority of an
application for a Special Events Permit, Malt /Vinous/
Spirituous Beverages, by the Vail Resort Association, on
Saturday, September 14, and Sunday, September 15, 1991, from
11:00 A.M. to 6:00 P.M. each day, at the location of Lionshead
Mall, Tract C, area to the west of the Lifthouse Lodge and
including the Five Flags area, Vail, Colorado. Officers for
this event are as follows:
President - Sylvia Blount
Events Manager - Deberah Ramsey
Deberah Ramsey present. Approved: 3 -0, with the
following condition: a) must obtain food service
approval from the Environmental Health Officer.
6. PUBLIC HEARING - Consideration of the Authority of a 100%
transfer of ownership of the Hotel and Restaurant license held
by The Gondola Cafe, dba, Gondola Cafe, to Tonon, Inc., dba,
Gondola Cafe, at the location of 600 West Lionshead Mall,
Vail, Colorado.
Verena A. Tonon - President, Director, 50%
Stockholder, and Registered Manager
Mirco A. Tonon - Secretary /Treasurer, Director, and 50%
Stockholder
Verena A. Tonon present. Approved: 3 -0
7. PUBLIC HEARING - Consideration of the Authority of a 100%
transfer of ownership of the Hotel and Restaurant license held
by Gary Haubert, Steve Buis, etal, dba, Lionshead Bar & Grill,
to Lionshead Bar & Grill, Inc., dba, Lionshead Bar & Grill, at
the location of 616 West Lionshead Circle, Vail, Colorado.
Gary Haubert - President /Treasurer, Director, Registered
Manager, and 85% Stockholder
Vernon C. Haubert - Secretary, Director, and 15% Stockholder
Gary Haubert present. Lease assignment not provided as
of hearing date; continued to 9/11/91 meeting.
8. PUBLIC HEARING - Consideration of the Authority of an
application for a Tavern License, Extended Hours, for Palmos,
Inc., dba, Palmos Cappuccino Bar, at the location of 12 South
Frontage Road, Vail Gateway Plaza. Officers are as follows:
a. Dieter Menzel - President /Treasurer, Director, and
51% Stockholder
William F. Bergmann - Vice - President, Director, and 49%
Stockholder
Fred Butler, Attorney, and Bill Bergmann present.
Approved: 3 -0, with the following conditions:
a) must obtain food service license
b) must obtain sales tax license
c) must obtain business license.
b. Josette R. Elias - Registered Manager
Josette Elias present. Approved: 3 -0
9. Notification to the Authority of recent renewals:
a. Alpenrose, Inc., Confiserie Patisserie, dba, Tea Room
Alpenrose and Restaurant
b. Margaritaville, Inc., dba, Los Amigos
C. D.R.R., Inc., dba, Russell's
Approved: 3 -0
10. Any other matters the Authority wishes to discuss.
Notice to the Authority of the following:
a) Bad Attitude Cafe - Writ of Restitution received
8/7/91; possession of property has been restored to David
G. B. and Priscilla L. Lindsay; liquor license no longer
in effect.
b) Ordinance 23, Series of 1991 (Issuance of Temporary
Permits to Transferees) - passed on first reading,
8/6/91; public hearing scheduled for 8/20/91.
c) L' Ostello - redemption period expired 8/12; notice of
Treasurer's Deed has been issued; lease assignment in
effect until new license is received from the State.
Meeting adjourned at 11:15 A.M.
TOWN OF VAIL
Vail Local Licensing Authority
Ma�- Z"14.-J
Martha S. Raecker
Assistant Secretary to the Authority
I
ORDINANCE NO. 23, Series of 1991
AN ORDINANCE AMENDING CHAPTER 5.32 OF
THE MUNICIPAL CODE OF THE TOWN OF VAIL
BY THE ADDITION OF SECTION 5.32.030;
PROVIDING FOR THE ISSUANCE OF TEMPORARY PERMITS
FOR THE ISSUANCE OF ALCOHOLIC BEVERAGES
UNDER CERTAIN CIRCUMSTANCES;
AND PROVIDING DETAILS IN REGARD THERETO
WHEREAS, the State Legislature enacted 12 -46 -106.5 C.R.S. and 12 -47 -106.5 C.R.S.
which took effect on July 1, 1991, permitting a local licensing authority to issue a temporary
permit to a transferee of a fermented malt beverage license or any class of liquor license issued
by the State Licensing Authority, at the discretion of a local licensing authority;
WHEREAS, the Town of Vail wishes to authorize the issuance of such permits in certain
circumstances;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO:
Chapter 5.32 of the Municipal Code of the Town of Vail is hereby amended with the
addition of Section 5.32.030 to read as follows:
5.32.030 - TEMPORARY PERMITS
A. PURPOSE
This Section is enacted in accordance with 12 -46 -106.5 and 12 -47 -106.5 C.R.S. which
authorize a local licensing authority, at its discretion, to issue a temporary permit to a transferee
of a fermented malt beverage license or a liquor license issued by the State Licensing Authority.
B. TEMPORARY PERMIT
The Local Licensing Authority of the Town of Vail is hereby authorized to issue a
temporary permit to a transferee of a fermented malt beverage license or of any class of liquor
license which shall authorize the transferee to continue selling such fermented malt beverages
or alcoholic beverages as permitted under the permanent license during the period in which an
application to transfer the ownership of the license is pending.
C. CONDITIONS
A temporary permit shall authorize the transferee to conduct business and sell either
fermented malt beverages or alcoholic beverages, as the case may be, at retail in accordance
with the license of the transferrer subject to compliance with all of the following conditions:
1. The premises where such fermented malt beverages or alcoholic beverages are sold
shall have been previously licensed by the State and Local Licensing Authority and such license
r
1
shall have been valid at the time the application for transfer of ownership was filed with the Town
of Vail Local Licensing Authority.
2. The applicant has filed with the Local Licensing Authority on forms provided by the
Department of Revenue a completed application for the transfer of the fermented malt beverage
license or the liquor license.
3. The application for a temporary permit shall be filed no later than thirty (30) days after
the filing of the application for transfer of ownership and shall be accompanied by a temporary
permit fee of one hundred dollars ($100.00).
D. PROCESS
The temporary permit set forth in this Section may be granted by the Clerk of the Town
of Vail with the verbal approval of the Chairman of the Town of Vail Local Licensing Authority and
if the Chairman is not available such approval may be given by any member of the Local
Licensing Authority. If so granted, the temporary permit shall be issued within three (3) working
days after the receipt of the completed application. A temporary permit issued in accordance with
this Section shall be valid until such time as the application to transfer ownership of the license
to the applicant is granted or for one hundred twenty (120) days, whichever shall occur first;
except that, if the application to transfer the license has not been granted within the one hundred
twenty (120) day period and the transferee demonstrates good cause, the local licensing authority
may extend, in its discretion, the validity of said permit for an additional period not to exceed sixty
(60) days.
E. BANKRUPTCY
A temporary permit may also be authorized in the event of a transfer of possession of the
licensed premises by operation of law, a petition in bankruptcy pursuant to Federal bankruptcy
law, the appointment of a receiver, a foreclosure action by a secured party, or a court order
dispossessing the prior licensee of all rights of possession pursuant to Article 40 of Title 13,
C.R.S.
F. CANCELLATION
A temporary permit issued in accordance with this Section may be canceled, revoked, or
summarily suspended if the Local or State Licensing Authority determines that there is probable
cause to believe that the transferee has violated any provision of this Article or has violated any
rule or regulation adopted by the Local or State Licensing Authority or has failed to truthfully
disclose those matters required pursuant to the application forms required by the Department of
Revenue.
f
INTRODUCED, READ AND APPROVED ON FIRST READING this - day of o_
1991, and a public hearing shall be held on this Ordinance on the 20 A- day of , 1991, at 7:30
P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Ordered published in full this 0 day of �, 1991.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
INTRODUCED, READ, AND APPROVED ON SECOND READING AND ORDERED
PUBLISHED
this — day of , 1991.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
CAORD.23
PA"O t A bsc"
a fat ,SI
AGENDA T how" Ca S( itd
LOCAL LICENSING AUTHORITY Wj MIA,
REGULAR MEETING
AUGUST 14, 1991
10:00 A.M.
1. Consideration of the Authority of a modification of premises
for Clair- Boris, Inc., dba Montauk.
C% � , . &W *5 , rVA4tf ( U _ DawU d , 2' _ Mail; i V&k
2. Consideration of the Authority of a modification of premises
for CS of Boulder, Ltd., Dr. Alan Stormo, dba, Slamesie Orchid,
Ltd. afjACVCC( 01 PEG 9/12• Onto M6 is (mod 8- ga-'
a_7 "KL L a , 30 da, .�� �i AAA'iw AAVUi A)
�, Gonfivia�,f •r, d26 avid f W �; 2- _� - �1) UUAUt.
3. PUBLIC HEARING - Consideration of the Authority of an
application for a Special Events Permit, Malt /Vinous/
Spirituous Beverages, by the Worldwide Church of God, on
Saturday, September 21, 1991, from 3:00 P.M. to 12:00
midnight, at the location of the Vail Public Library, 292 West
Meadow Drive, Vail, Colorado. Officers for this event are as
follows:
President - Douglas Horchak
Events Manager - Gary Flesner
l Da,n,, � ^d - M, i f� VNW.A ..
4. PUBLIC HEARING - Consideration of the Authority of an
application for a Special Events Permit, Malt /Vinous/
Spirituous Beverages, by the Vail Resort Association, on
Friday, August 30, Saturday, August 31, Sunday, September 1,
and Monday, September 2, 1991, from 10:00 A.M. to 6:00 P.M.
each day, at the location of Lionshead Mall, Tract C, Vail,
Colorado. Officers for this gvent a �y�, as follows* ( aPt
Pr sident - Sylvia Blount �
Events Manager - Deberah Ramsey -
5. PUBLIC HEARING - Consideration of the Authority of an
application for a Special Events Permit, Malt /Vinous/
Spirituous Beverages, by the Vail Resort Association, on
Saturday, September 14, and Sunday, September 15, 1991, from
11:00 A.M. to 6:00 P.M. each day, at the location of Lionshead
Mall, Tract C, area to the west of the Lifthouse Lodge and
including the Five Flags area, Vail, Colorado. Officers for
this event are as follows:
a � t�ri,d.�d 5 �ravk, n.wQ I - Fri.
P ident Sy via Blount
Events Manager - Deberah Ramsey - Ful_a7f"
-
D" 2 ►�A AMF�; WAA4 ..
CM� u VA"u
T
6. PUBLIC HEARING — Consideration of the Authority of a 100%
transfer of ownership of the Hotel and Restaurant license held
by The Gondola Cafe, dba, Gondola Cafe, to Tonon, Inc., dba,
Gondola Cafe, at the location of 600 West Lionshead Mall,
Vail, Colorado.
Verena A. Tonon - President, Director, 50%
Stockholder, and Registered Manager
Mirco A. Tonon - Secretary /Treasurer, Director, and 50%
Stockholder
Q f l vi t # dku+
7. P ` r (� atic aM r �rwri and
UBLIC HEARING - Consideration of the Authority of a 100%
transfer of ownership of the Hotel and Restaurant license held
by Gary Haubert, Steve Buis, etal, dba, Lionshead Bar & Grill,
to Lionshead Bar & Grill, Inc., dba, Lionshead Bar & Grill, at
the location of 616 West Lionshead Circle, Vail, Colorado.
Gary Haubert - President /Treasurer, Director, Registered
Manager, and 85% Stockholder
Vernon C. Haubert - Secretary, Director, and 15% Stockholder
i
W" VWL4 'h U "(11 11 4. 1 y- - Pll t < n � - �Il� ��i (i(/1t �M . V Oft
8. PUBLIC HEARING - Consideration of the Authority of an
application for a Tavern License, Extended Hours, for Palmos,
F,(w uAo -, Inc., dba, Palmos Cappuccino Bar, at the location of 12 South
Frontage Road, Vail Gateway Plaza. Officers are as follows:
o� (vim - Thcu.�ly vc
a. Didte M - P "esid n t /Trearurer, Director, and
51% Stockholder
UV K�luvf -
,William F. Bergmann - Vice - President, Director, and 49%
A00 ,y� dmmi 4., a ;✓itfn,I"r Stockholder
wy" 9 . W * 'd 2 ' • Diwt y, Vofc- UAAa
b. Josette�R. Elias - Registered Manager
(�e*,,7 p� �Ta I yv/Jfruµ�f 14 IcGulvvcL
9. Notification to the Authority of recent renewals:
a. Alpenrose, Inc., Confiserie Patisserie, dba, Tea Room
Alpenrose and Restaurant
b. Margaritaville, Inc., dba, Los Amigos
C. D.R.R., Inc., dba, Russell's
1 � - D" 2 Kit - Mai f �1 V0+e,- UAI.4c.
10. Any other matters the Authority wishes to discuss.
N4 A+Hfkdc VUrif of Gsfouh
Ord, z 3, qiwo f qql ^ I v 9/4 j �w (Qli6 N 81.
L' as f eQQ t, ti t yYt?,f,;y, v, �c r7c p rY e! ff /l s ; �i.R.t C " r r.ru Ut �d tcac. 9/12-
TOWN OF VAI L un' ( ( �,e w, e c�( l t 4tfi' ( tKc. Tv e-4 s .'s
Vail Local Licensing Authority ��d is issttur(-
,'A , -nu. I t�64 u G641 !x
Mai l Wz w
Marth S. Raecker
Assistant Secretary to the Authority
at I I * 1 s
r cif - n-,+� • 5W. 1 iA
f' •.T
IN THE40UNq'Y-COURT
IN AND FOR THE
COUNTY OF Eagle
AND STATE OF COLORADO
David G. B. Lindsay
Priscilla L. Linsday
Plaintiff(s)
VS.
Bad Attitudd Development
Company, et al.
Defendants)
Date
WRIT OF RESTITUTION
r
`j The People of the State of Colorado,
to the Sheriff of said County — GREETINGS:
Whereas, DAy d G. B. Lindsa y and Pr iscilla L. Lindsay lately obtained,
a judgment, against Bad Atti tude Devglopment Company
in the above entitled action of unlawful detainer, for the restitution of
the premises following, to wit: A portion of a building commonly known as Condominium
Unit #C -6 in the Vail /Lionshead Mall, Vail, Colorado
and also for unpaid rent, f ee s &ts.
THESE ARE THEREFORE TO COMMAND YOU, in the name and by the authority of the People, to
dispossess the said Bad Attitude Development Company
it and restore the said David G. B. Li nd s ay a Prisci L. Lindsay
i�
to the possession of the said premises. j
Hereof make due and proper return accor i to law.
Given under my hand and seal, this day of
(I J e
art,.r.f ac. " -+ —
By
*Strike according to W.
E8016 Count Cow
copy of the original In my custody.
.P_ _5 5/ —
Dgx".Gerk
91 CV 332
N0. DIV.
No. 538. WRIT OF RF.CTITLMON IN FORCIBLE F.NTRY AND DETAINER A Bradford Pubtishiob. 5925 W.61h Ave.. Lakewood. C080 10.11 j
TOP
75 south frontage road
vail, Colorado 81657
(303) 479 -2136
office of the town clerk
PUBLIC NOTICE
To be published in THE VAIL TRAIL Friday, August 9, 1991.
The regular meeting of the Local Licensing Authority for the Town
of Vail will be held in the Council Chambers of the Vail Municipal
Building, 75 South Frontage Road West, Vail, Colorado, on
Wednesday, August 14, 1991, at 10:00 a.m. The agenda, to be set
the morning of the hearing, will include the following:
1. Consideration of a modification of premises for the following:
a. Clair- Boris, Inc., dba, Montauk
b. CS of Boulder, Ltd., Dr. Alan Stormo, dba, Siamese
Orchid, Ltd.
2. PUBLIC HEARING - Consideration of a Special Events Permit,
Malt /Vinous /Spirituous Beverages, for the Worldwide Church of
God, on Saturday, September 21, 1991, from 3:00 P.M. to 12:00
midnight, at the location of the Vail Public Library, 292 West
Meadow Drive, Vail, Colorado.
3. PUBLIC HEARING - Consideration of a Special Events Permit,
Malt /Vinous /Spirituous Beverages, for the Vail Resort
Association on Friday, August 30, Saturday, August 31, Sunday,
September 1, and Monday, September 2, 1991, from 10:00 A.M. to
6:00 P.M. each day, at the location of Lionshead Mall, Tract
C, Vail, Colorado.
4. PUBLIC HEARING - Consideration of a Special Events Permit,
Malt /Vinous /Spirituous Beverages, for the Vail Resort
Association on Saturday, September 14, and Sunday, September
15, 1991, from 11:00 A.M. to 6:00 P.M. each day, at the
location of Lionshead Mall, Tract C, area to the west of the
Lifthouse Lodge and including the Five Flags area, Vail,
Colorado.
5. PUBLIC HEARING - Consideration of the Authority of a 100%
transfer for the following:
a. Lionshead Bar & Grill, Inc., dba, Lionshead Bar & Grill,
currently held by Gary Haubert, Steve Buis, etal, dba,
Lionshead Bar & Grill.
b. Tonon, Inc., dba, Gondola Cafe, currently held by The
Gondola Cafe, Inc., dba, Gondola Cafe.
6. PUBLIC HEARING - Consideration of the Authority of a Tavern
License for Palmos, Inc., dba, Palmos Cappuccino Bar.
7. Notification of recent renewals:
a. Alpenrose, Inc., Confiserie Patisserie, dba, Tea Room
Alpenrose and Restaurant
b. Margaritaville, Inc., dba, Los Amigos
C. D.R.R., Inc., dba, Russell's
8. Any other matters the Authority wishes to discuss.
TOWN OF VAIL
LOCAL LICENSING AUTHORITY
W K //- �aP,�
Martha S. Raecker
Assistant Secretary to the Authority