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Home My WebLink About1996-12-11 VLLA Agenda & Minutes• t .LOCAL LICENSING AUTHORITY AGENDA PRESENT ABSENT 11LCEMBER 11, 1996 Don White ` 10:00 A.M. Dave Chapin Connie Knight Kathy Vieth (Arrived @ 10:10 a.m.) Mary Zarba Consideration of the Authority of a 100% Transfer of a Retail Liquor Store License for East Vail Spirits, LLC, d /b /a East Vail Spirits, at the location of 3971 Big Horn Road, Vail, Colorado. a) 100% Transfer - Stephen W. Simonett, Managing Member Steve Simonett and attorney Ross Davis, Jr. were present. APPROVED, 5 -0. b) Registered Manager - Stephen W. Simonett APPROVED, 5 -0. 2. Consideration of the Authority of a 100% Transfer of a Hotel and Restaurant License for VVI Corporation, d /b /a Vail Village Inn, at the location of 100 East Meadow Drive, Vail, Colorado. a) 100% Transfer Waldir R. Prado -President and 100% Shareholder Jo Staufer and attorney Jay Peterson were present. APPROVED, 5 -0. b) Registered Manager - Josef Staufer APPROVED, 5 -0. 3. PUBLIC HEARING - Consideration of the Authority of a new issue of a Hotel and Restaurant License (reconsidered as a Tavern License - see agenda item 8) for Emilie Y. Harrison, d /b /a L'Ostello Lodge, at the location of 705 W. Lionshead Circle, Vail, Colorado. a) New Issue - Emilie Harrison, Sole Proprietor Emilie Harrison was present. APPROVED, 5-0. b) Registered Manager - Emilie Harrison APPROVED, 5 -0. 4. Discussion of a modification of premise for V. A. Food Services, Inc., d /b /a Eagle's Nest to include the Gondola as part of an optional premise. Removed from the agenda at the request of the Applicant for re- evaluation of the request. Per phone call from Tamra Underwood and Penny Masheter 12.10.96. 5. PUBLIC HEARING - Hearing and Order to Show Cause for Suspension or Revocation and consideration of renewal of a Hotel and Restaurant License with extended hours, held by Jackalope, Inc., d /b /a Jackalope Cafe & Cantina, at the location of 2161 N. Frontage Road, W., Colorado. a) The Licensee is charged with allowing an apparently and /or visibly intoxicated person to be served, or to loiter on the licensed premises, in violation of C.R.S. 1247, Regulation 47.105.1 A, Conduct of Establishment, and 128(1)(a). Tom Moorhead advised the Authority. Karen Kleiman prosecuted for the Town. Ross Davis, Jr. defended the licensee. Testimony was received from the following individuals from the Vail P.D.:Mark Allen, Brian Hoffman, John Dodson, Steve Wright. Susan Douglas was also present. Testimony was also received from: Mark Holter, John Vincent, Kevin Foley, John Claude Pomerleau, Ralph Dockery. Owners Kathy Dockery and Tom Olsen were also present. The Authority found the licenseholder guilty on one count of allowing an apparently and /or visibly intoxicated person to be served, or to loiter on the licensed premises, in violation of C.R.S. 12-47, Regulation 47.105.1A, Conduct of Establishment, and 128(1)(a), in the case of Mark Holter. APPROVED, 3 -2, Kathy Vieth and Connie Knight voting against. The Authority then found the licenseholder not guilty on one count of allowing an apparently and /or visibly intoxicated person to be served, or to loiter on the licensed premises, in violation of C.R.S. 12- 47, Regulation 47.105.1A, Conduct of Establishment, and 128(1)(a) in the case of John Vincent. APPROVED, 3 -2, Don White and Mary Zarba voting in opposition. Holly informed the Authority that The Jackalope was found guilty of over service on June 12, 1996 and the license was suspended for five (5) days; three (3) days were held in abeyance for a period of one year and two days were served on September 24 and 25, 1996. Prior to that, on December 19, 1994, the licenseholder was found guilty of service to a minor and the license was suspended for three (3) days, which were held in abeyance for six months. A $300 fine was also paid. The license was then suspended for twenty -five (25) days; twenty (20) days to be held in abeyance, and five (5) days to be served January 17 -21, 1997. APPROVED, 5-0. The Licenseholder was also ordered to serve three (3) days which was being held in abeyance from a prior (June, 1996) suspension. Those days are to be served December 16 -18, 1996. APPROVED, 5 -0. Licenseholder requested a payment in lieu of suspension as provided in C.R.S. 12-47- 110.3, which was denied by the Authority, as such relief was for first offenses in a two year period only. The Authority requested the renewal of the license as stated in the above - referenced agenda item, be considered under agenda item 7. 6. Consideration of the Authority of a Manager Registration for Jackalope, Inc., d /b /a Jackalope Cafe & Cantina, a Hotel /Restaurant License at the location of 2161 N. Frontage Road, W., Colorado. Thomas Olsen, Registered Manager - replacing Bob Doyle Tom Olsen was present with attorney Ross Davis, Jr. APPROVED, 5-0. 7. Consideration of the Authority of a Change of Corporate Structure for Can am of Colorado, Inc., d /b /a Sundance Saloon, a Tavern License at the location of 675 Lionshead Place, Vail, Colorado. Licenseholder Ralph Dockery presented the item. APPROVED, 5 -0, contingent upon receipt of a copy of the current, fully- executed lease. 8. Consideration of the Authority of recent renewals: L -O Vail Hotel, Inc., d /b /a Vail Cascade Hotel & Club, Lodge Properties, Inc., d /b /a The Lodge at Vail; and Jackalope Cafe & Cantina, d /b /a The Jackalope. 8. Any other matters the Authority wishes to discuss. Holly informed the Authority that agenda item number 3 was for a new issue of a TAVERN License, and the authority reconsidered the previous motion to approve the Tavern License. APPROVED, 5 -0. Authority members were reminded to attend the Town of Vail's Annual Christmas Party to be held on Saturday, 12.14.96 at the Marriott, 6:00 p.m. Next scheduled meeting January 8, 1997. Adjourned, 4:40 p.m. TOWN OF VAIL Local Licensing Authority 6 A4 ' ,t &CX_ - Holly L. McCutcheon Secretary to the Authority LOCAL LICENSING AUTHORITY AGENDA ' DECEMBER 11, 1996 10:00 A.M. REVISED 12.10.96 Consideration of the Authority of a 100% Transfer of a Retail Liquor Store License for East Vail Spirits, LLC, d /b /a East Vail Spirits, at the location of 3971 Big Horn Road, Vail, Colorado. a) 100% Transfer - Stephen W. Simonett, Managing Member b) Registered Manager - Stephen W. Simonett 2. Consideration of the Authority of a 100% Transfer of a Hotel and Restaurant License for VVI Corporation, d /b /a Vail Village Inn, at the location of 100 East Meadow Drive, Vail, Colorado. a) 100% Transfer Waldir R. Prado -President and 100% Shareholder b) Registered Manager - Josef Staufer 3. PUBLIC HEARING - Consideration of the Authority of a new issue of a Hotel and Restaurant License for Emilie Y. Harrison, d /b /a L'Ostello Lodge, at the location of 705 W. Lionshead Circle, Vail, Colorado. a) New Issue - Emilie Harrison, Sole Proprietor b) Registered Manager - Emilie Harrison 4. Discussion of a modification of premise for V. A. Food Services, Inc. 5. PUBLIC HEARING - Hearing and Order to Show Cause for Suspension or Revocation and consideration of renewal of a Hotel and Restaurant License with extended hours, held by Jackalope, Inc., d /b /a Jackalope Cafe & Cantina, at the location of 2161 N. Frontage Road, W., Colorado. a) The Licensee is charged with allowing an apparently and /or visibly intoxicated person to be served, or to loiter on the licensed premises, in violation of C.R.S. 12-47, Regulation 47.105.1A, Conduct of Establishment, and 128(1)(a). 6. Consideration of the Authority of a Manager Registration for Jackalope, Inc., d /b /a Jackalope Cafe & Cantina, a Hotel /Restaurant License at the location of 2161 N. Frontage Road, W., Colorado. Thomas Olsen, Registered Manager - replacing Bob Doyle 7. Consideration of the Authority of a Change of Corporate Structure for Can am of Colorado, Inc., d /b /a Sundance Saloon, a Tavern license at the location of 675 Lionshead Place, Vail, Colorado. Ralph L. Dockery, Sole Officer, Director and 100% Shareholder 8. Consideration of the Authority of recent renewals: L -O Vail Hotel, Inc., d /b /a Vail Cascade Hotel & Club; and Lodge Properties, Inc., d /b /a The Lodge at Vail. 9. Any other matters the Authority wishes to discuss. 10. Next scheduled meeting January 8, 1997. TOWN OF VAIL L I Licensing Authority Holly L. McCutcheon Secretary to the Authority a r LOCAL LICENSING AUTHORITY AGENDA REVISED 12.08.96 DECEMBER 11, 1996 10:00 A.M. 1. Consideration of the Authority of a 100% Transfer of a Retail Liquor Store License for East Vail Spirits, LLC, d /b /a East Vail Spirits, at the location of 3971 Big Horn Road, Vail, Colorado. a) 100% Transfer - Stephen W. Simonett, Managing Member b) Registered Manager - Stephen W. Simonett 2. Consideration of the Authority of a 100% Transfer of a Hotel and Restaurant License for VVI Corporation, d /b /a Vail Village Inn, at the location of 100 East Meadow Drive, Vail, Colorado. a) 100% Transfer Waldir R. Prado -President and 100% Shareholder b) Registered Manager - Josef Staufer 3. PUBLIC HEARING - Consideration of the Authority of a new issue of a Hotel and Restaurant License for Emilie Y. Harrison, d /b /a L'Ostello Lodge, at the location of 705 W. Lionshead Circle, Vail, Colorado. a) New Issue - Emilie Harrison, Sole Proprietor b) Registered Manager - Emilie Harrison 4. Discussion of a modification of premise for V. A. Food Services, Inc., d /b /a Eagle's Nest to include the Gondola as part of an optional premise. 5. PUBLIC HEARING - Hearing and Order to Show Cause for Suspension or Revocation and consideration of renewal of a Hotel and Restaurant License with extended hours, held by Jackalope, Inc., d /b %a Jackalope Cafe & Cantina, at the location of 2161 N. Frontage Road, W.. Colorado. a) The Licensee is charged with allowing an apparently and /or visibly intoxicated person to be served, or to loiter on the licensed premises, in violation of C.R.S. 12- 47, Regulation 47.105.1A, Conduct of Establishment, and 128(1)(a). 6. Consideration of the Authority of a Manager Registration for Jackalope, Inc., d /b /a Jackalope Cafe & Cantina, a Hotel /Restaurant License at the location of 2161 N. Frontage Road, W., Colorado. Thomas Olsen, Registered Manager - replacing Bob Doyle 7. Consideration of the Authority of recent renewals: L -O Vail Hotel, Inc., d /b /a Vail Cascade Hotel & Club; and Lodge Properties, Inc., d /b /a The Lodge at Vail. 8. Any other matters the Authority wishes to discuss. 9. Next scheduled meeting January 8, 1997. TOWN OF VAIL L Licensing Authority t t4 / orl2lab Holly L. McCutcheon Secretary to the Authority ^� moo Ccvjol-q 40 L L 14 WjR*u-b-e Don aswkq WD" EaqCoCou.rn �tNt! (ornl'i u11 3 0tfto4 (/5�QhllalUr'ct�c1 . LOCAL LICENSING AUTHORITY AGENDA DECEMBER 11, 1996 10:00 A.M. /uo u y s vt o l-e S /fa - a)rr O(@ /o: is REVISED 12.08.96 1. Consideration of the Authority of a 100% Transfer of a Retail Liquor Store License for East Vail Spirits, LLC, d /b /a East Vail Spirits, at the location Q f 3971 Big Horn Road, Vail, Colorado. Da n1 -7-4 L0&*u:e, fIPPr�raC Al —U eke, zKd - a 100% Transfer - Stephen W. Simonett, Managing Member b Registered Manager - Stephen W. Simonett ar ✓<a 5 , a kLIq, Ct a�.►.w" For the record my name is Holly McCutcheon and I'm the Secretary to the Local Licensing Authority. This application was filed on October 24, 1996. The Character investigation does not reveal or include any information that would be detrimental to the granting of the license. /s Mw2l em CBI 6pett is still pending. All documents are in order and the file is complete. The applicant filed an application for a Temporary Liquor License also on October 24 and that license was granted by the Authority on the 28th. 7 ato tlrAA -Y Coon doc s rcl /u�.� a PV b li GUO -LU'-) � d - y7 ci /00 j The applicant, Stephen Simonett is present to answer questions from the authority w /fk /COSS S, 2. Consideration of the Authority of a 100% Transfer of a Hotel and Restaurant License for VVI Corporation, d /b /a Vail Village Inn, at the location of 100 East Meadow Drive, Vail, Colorado. M hc4 60, Zkd t /(Qlk -I , APP✓vW 5 - O a) 100% Transfer Waldir R. Prado - President and 100% Shareholder M 4�1/ bd ?ud b) Registered Manager - Josef Staufer _ An application for a 100% Transfer of Ownership was filed on November 08, 1996. Character investigations do not reveal or include any information that would be detrimental to the granting of the license. CBI reports are still pending. All documents are in order and the file is complete. The applicant filed an application for a Temporary Liquor License on November 8 and that license was granted by the Authority on November 12th. Josef Staufer is present to answer questions from the authority. �-74U-/ / e d bus 4lgvm , W tip ? 3. PUBLIC HEARING - Consideration of the Authority of a new issue of a )Hott and Restauran t license for Emilie Y. Harrison, d /b /a L'Ostello Lodge, at the location of 705 W. Lions d Circle, Vail, Colorado. vu &I Dc, AW 0-v-,1Ol, - 10,kV LL, M Z uo { 6.t,, ' a) New Issue - Emilie Harrison, Sole Proprietor M Lj IcV, ?wof b)) r Reg' tered Manager - Emilie Harrison 1 wtZ This application Pas filed on November 11, Publication was made November 29, and the premise was posted also on November 29. CBI reports and the Character investigation do not reveal or include any information that would be detrimental to the granting of the license. All documents are in order and the file is complete. Applicant, Emilie Harrison is present. �' �� e "�' 2 ` 4 `� �" ' ' wQ� s n - LA ?C If This was the former licensed premise for LeBistro, whose lease and license expiresd November 19. 16 pplication for renewal was not made 45 days prior to date of expiration, as required by law, and the o rb roperty manager, Emilie Harrison informed me the lease would not be renewed. An agreement etween the parties could not be reached to transfer the license back to the property manager. Therefore, an application for a new issue was accepted by my office on November 11, approx. 1 week prior to expiration of LeBistro's license. It is my understanding the former licenseholder, LeBistro, will protest against the granting of this license, and does not feel the application should have been accepted because the LeBistro license was still in effect on that date. Copies of the application for the new issue were forwarded to the State Liquor Enforcement Division for review on 12. The state has not informed me of any problems with this application. 4. Discussion of a modification of premise for V. A. Food Services, Inc., d /b /a Eagle's Nest to include the Gondola as part of an optional premise. _ 13�tk «CU plc i servmd C jj tc- a f ousI Inc.✓ z LA Trab(n - 4 tjG�- Sh d kow ttarocl od TOM M , F he Jackalope was found guilty of overservice on June 12 and the license was suspended for 5 ays, 3 days were held in abeyance for a period of one year and two days were served on Sept. 24 & 5. 2.14 • q A) Pri g . to that, the licenseholder was found guilty of service to a minor and the license was suspended for three days, which was held in abeyance for 6 months. A $300 fine was also paid. ee nil AD •E S eS 2KO( kak---7 / 6. Consideration of the Authority of a Manager Registration for Jackalope, Inc., d /b /a Jackalope Cafe & Cantina, a Hotel /Restaurant License at the location of 2161 N. Frontage Road, W., Colorado. Ise move of +v o p p rvW, z u c( Cam � Sc,�B, / PY'6Wof a O . J Thomas Olsen, Registered Manager - replacing Bob Doyle , 50 Shad -t 4,:j- . This item was tabled from the last regular meeting of the Local Licensing Authority. fir: 2 bq 0K- , sippowd , 5 - rum Q ' Consideration of the Authority of a Change of Corporate Structure for Can am of Colorado, Inc., d /b /a Sundance Saloon, a Tavern license at the location of 675 Lionshead Place, Vail, Colorado. /YYhi /,,A4 4- " +i� Itr0 -a rbt.f[� 4tie Lb4- Opp, Drr� -iiv r`c wa-r 06 �kt5 (�COtt.EI - P, (C h2Ctx/ytf au-)Ot -ic thvuwao T�a CkkQ,44V t` ca i ctwez. Dcc i� �s sfic� wt �SS /n g, ,�:� S�oc�Catert, eel �b (�O -�-R � �W ockery, bole Officer, Director and 100% Shareholder Ca.0 Aux 4d Ickm back Ox a 8. Consideration of the Authority of recent renewals: L -O Vail Hotel, Inc., d /b /a Vail Cascade Hotel & Club; and Lodge Properties, Inc., d /b /a The Lodge at Vail. M CK, ZKdI /CV, Apprtiwcf , s -p sac.( <aj"— . . &*L 444A ziyu 46 a 44W4 9. Any other matter, the Authori wo es to discs • '� of >7 �t if 3 VVUA 4E:f4 . '�k. io�.fie h� 4 R [iou,a.t ,10. Next scheduled meeting January 8, 1997. Y LLca4c" as, app sect -/v aL WWI 1Icc ,/ at,- 0,^" /tic ..•, ,�;rc� , � wI+ � Moak /�6tec�- y�4D yyT��OWN OF VAIL 2 bac u�a : ,: �,�X , 2'79 Ca hjW p Lobal Licensing Authority ac�t� z ma/lt Nal ter Holly L. McCutcheon 6 ''«" Secretary to the Authority z) Z&VL 10 M - Sh9utcl - Fka uA to allft..tej iv r Gk 4 jow4 > 3 ) She u!u g(c Vail Associates has asked this item be removed from the agenda, as they are re- evaluating their request. 5. PUBLIC HEARING - Hearing and Order to Show Cause for Suspension or Revocation and consideration of of a Hotel and Restaurant License with extended hours, held by Jackalope, Inc., d /b /a Jackalope Cafe & Cantina, at the location of 2161 N. Frontage Road, W., Colorado. a) The Licensee is charged with allowing an apparently and /or visibly intoxicated person to be served, or to loiter on the licensed premises, in violation of C.R.S. 12-47, Regulation 47.105.1A, Conduct of Establishment, and 128(1)(a). l�vss kbn-i s Akacu Q jank&rn. a'12 K S'tmi- At their last meeting, the LLA was informed of two police reports generated during the month of October. Both incidents took place at the Jackalope and pertained to possible overservice. The Authority felt there was probable cause to believe a violation had occurred and ordered a show cause hearing for suspension or revocation of the license be held. At this time I would like to turn it over to Karen Kleiman, prosecuting attorney for the TOV in this matter. � - s6 rm 4 l eo1 0 � 4 c 6u kAS /- C l o ss � 4 A c« -�R Of '• - Clu - 1" 4- 1 U -) g —� �) Totw, Clan" t2iai,ko'lot Ptv�j Lt" Uc �D � tc 0. �? (°-" — (�S C� uk T p aQ rho c 2 ) Rat oh t N �u� ►� b _ Tack - � o� �o��dcs'.a r 3) � P��u.a�vu -o u� Jo K , u V1VXCeu.#�ac� eve t�,�.�� /mil - Kv C� P� LI (A-" - 3 ala t� 4 I Z / 1 (#� O j 1 , bz s cr v-e ot O� Z L4 t , p fJA"( 4 Lu Vail Associates Inc. �fkd 9acax., &W P P .. ............................... ftM ' 7�arrr1iQ ' C�.i�a2ak�u�c�.. . Owners and Operators of Vail, Beaver Creek Resort and Arrowhead Mountain'' LTA December 6, 1996 o Holly McCutcheon Town Clerk Town of Vail 75 S. Frontage Road Vail, Colorado 81657 Dear Holly: This letter shall serve as our formal request for consideration by the Town of Vail Liquor License Authority regarding the liquor licensing of the Lionshead gondola (to be known as the Eagle Bahn). Vail Food Services, Inc. holds a Hotel and Restaurant Liquor License at Eagle's Nest Restaurant, issued by the Eagle County Liquor License Authority. We are proposing to add the Eagle Bahn as an optional premise of the Eagle's Nest Restaurant. The Eagle Bahn runs between two jurisdictions, the Town of Vail ( Lionshead Base Area) and Eagle County (Eagle's Nest building). It is our understanding that in order for the Eagle Bahn to be an optional premise of Eagle's Nest, an intergovernmental agreement addressing jurisdictional issues must be entered into by the Town of Vail and Eagle County. We respectfully request your recommendation directing the Town of Vail Council to negotiate an intergovernmental agreement with Eagle County. While we are proposing that the Town relinquish administration of the liquor license at the base of the Eagle Balm, we fully understand and agree that the Town shall continue to have the ability to police within all areas of the Town of Vail. We understand that you want to discuss this issue with your police department. As always, Vail Food Services, Inc. knows the importance of controlling its licensed premises. Therefore, we propose to implement the following restrictions: • Alcoholic beverages will only be served on gondola trips up the mountain, and not on any return trips. • A qualified employee of the establishment shall be on -site at the base assuring the adherance of all liquor code regulations. 1999W ILDALPINE SE CHAMPIONSHIPS 9AIl I B EAVER CEEEE 0 1 A o 0 PO Box 7 • Vail, Colorado • 81658 • phone 970 476 5601 C� Holly McCutcheon December 6, 1996 Page 2 • As no alcohol can be brought onto the optional premise while it is in use, precautions will be taken to ensure that this does not occur. • An employee of the establishment shall be on -site at the top of the gondola (Eagle's Nest Restaurant) to assure that no alcohol is taken down the gondola. • During the use of this optional premise, Vail Food Services Inc. will use its discretion to check all items believed to contain alcoholic beverages, such as coolers, backpacks, etc. • Vail Food Services, Inc., will work with both Eagle County and the Town of Vail authorities to ensure that proper elements of control are maintained Tamra Underwood and Penny Masheter of the Vail Associates Legal Department will be present at your next hearing to answer any questions you might have. They look forward to the opportunity to discuss this matter in more detail with you and to answer any questions you may have. Thank you for your consideration. Very truly yours, VAIL ASSOCIATES, INC. pnior Ma del Vice Pr esi ent General Counsel cc: Tom Moorehead JsM/jr A