HomeMy WebLinkAboutMINUTES Town Board Special Meeting 1989-01-11Zufutt of 3Zstes 'ark, Lorimer County, Colorado,
January 11
19 89
Minutesofa..speciaL meeting of the Board of Trustees of the Town of Estes
Park, Lorimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park
on the 11 th day of January , A. D. 19. at regular meeting
hour.
Meeting called to order by Mayor H. Bernerd Dannels
Present: Mayor H. B. Dannels Trustees: Norbert L. Aldrich,
David Barker,
Milan A. Dickinson,
Polly Garrett,
Gary F. Klaphake,
Also Present: David Habecker
Town Administrator
Gregory A. White,
Town Attorney Absent: George J. Hix
14WV David J. Racine,
Police Chief
David Sauter,
Liquor Enforcement Investigator
V. Rodney Hallberg,
Special Procecutor
Mayor Dannels called a special meeting of the Board of Trustees
to order at 2:00 P.M. to conduct a "show cause" liquor hearing
for Nita S. Simmerman, dba MOUNTAIN MAN RESTAURANT, Hotel and
Restaurant Liquor License #03-42194, 366 E. Elkhorn Avenue, Estes
Park, Colorado.
Town Attorney White noted the Licensee, Nita Sue Simmerman was
not present, nor was she represented by her attorney.
Special Prosecutor V. Rodney Hallberg stated three (3) witnesses
would offer testimony, Town Clerk O'Connor, Police Chief Racine,
and Liquor Investigator David Sauter. All three witnesses were
sworn -in by Town Attorney White.
Clerk O'Connor offered testimony relative to the Licensee's
liquor license application file.
Chief Racine offered testimony relative to the criminal record of
Ted Simmerman and the alleged drug -related felony charges. Chief
Racine will request a certified copy of Mr. Simmerman's criminal
record from the State of Texas which is to be entered as evidence
in this hearing. Chief Racine also identified twelve (12)
bottles containing liquor which were confiscated by Investigator
Sauter and placed under the security of the Police Department.
Investigator Sauter offered testimony relative to his on -site
investigation of the Mountain Man Restaurant and subsequent
Investigative Report dated November 28, 1988. Mr. Sauter iden-
tified nine (9) violations to the State of Colorado Liquor Code.
Mr. Sauter also identified twelve (12) liquor bottles which he
confiscated and stated they were in the same condition as when
confiscated; various bottles were presented for inspection by the
Board of Trustees.
Prosecutor Hallberg entered the following documents for the
record of proceedings:
• Original State of Colorado Liquor License Application
submitted by Nita Sue Simmerman, dated February 1, 1988
(Form DRL 404).
• Copy of the Bill of Sale dated January 28, 1988 by and
between Ted R. Simmerman and Nita Sue Simmerman.
• Copy of the Quit Claim Deed dated February 22, 1988 by
and between Ted E. Simmerman and Nita Sue Simmerman.
Special Board of Trustees Meeting - January 11, 1989 - Page two
• Copy of the Affidavit of Source of Funds Invested.
•
Copy of the Order to Show Cause and Notice of Hearing
in the matter of Nita S. Simmerman. Attachment "B" was
a copy of Investigator Sauter's Investigative Report
dated November 28, 1988.
Original Certificate of Mailing in the matter of Nita
S. Simmerman.
• Original Certified Mail Receipt #P110709664 and execut-
ed Return Receipt.
• Original Affidavit of Service in the matter of Nita S.
Simmerman dated December 21, 1988.
• Copy of page three of the Town Board meeting dated
December 13, 1988.
• Copy of the minutes of the special Town Board meeting
dated December 20, 1988.
• Copy of the Deed of Trust dated January 4, 1988 by and
between Ted E. and Nita Sue Simmerman and Edward J.
Grueff in the amount of $70,654.92.
Copy of the Warranty Deed dated August 14, 1987 by and
between Mountain Man Restaurant, Inc. and Ted E. and
Nita Sue Simmerman.
• Copy of the Quit Claim Deed dated February 22, 1988 by
and between Ted E. Simmerman and Nita Sue Simmerman,
which included the Larimer County recording data.
• Copy of the Deed of Trust dated August 14, 1987 by and
between Ted E. and Nita Sue Simmerman and the United
Bank of Fort Collins National Association in the amount
of $350,000.00 plus interest.
Prosecutor Hallberg stated the record clearly indicates Ted E.
Simmerman was actively engaged in the business from the time the
liquor application was submitted to the present. Mr. Simmerman
worked in the restaurant, and endorsed business checks. Ms.
Simmerman was obligated to disclose Mr. Simmerman's involvement.
Prosecutor Hallberg stated sufficient grounds were presented and
evidenced and requested the Board of Trustees revoke Liquor
License #03-42194 issued to Nita Sue Simmerman, dba MOUNTAIN MAN
RESTAURANT.
Mayor Dannels recessed the hearing at 2:28 P.M. to allow consul-
tation by the Board of Trustees and Town Attorney White.
Mayor Dannels reconvened the hearing at 2:32 P.M. Town Attorney
White read in full the following "Findings of Fact":
1. On December 20, 1988, an Order to Show Cause and Notice
of Hearing was issued to Nita S. Simmerman, dba MOUN-
TAIN MAN RESTAURANT, 366 E. Elkhorn Avenue, Estes Park,
Colorado 80517, License No. 03-42194.
2. An Affidavit of Service identified that Theodore
Simmerman was personally served at 2915 Devil's Gulch
Road on December 21, 1988.
3. A Certificate of Mailing identified that Nita S.
Simmerman was served by Certified Mail on December 21,
1988.
4. At 2:00 P.M. January 11, 1989, the Board of Trustees
convened for a show cause hearing and neither Nita Sue
Simmerman, nor her attorney, were present.
Special Board Of Trustees Meeting - January 11, 1989 - Page three
5. The Board of Trustees heard testimony from three (3)
individuals: Town Clerk O'Connor, Police Chief Racine,
and Liquor Investigator David Sauter.
Based upon the testimony, and the documents and other evidence
presented at this show cause hearing, the Board of Trustees finds
the following:
1. Statute 12-47-111(1)(A)(VI). No license provided by
this article shall be issued or held by any person
employing, assisted by, or financed in whole or in
part, by any person who is not of good character and
reputation satisfactory to the respective licensing
authorities. TO -WIT: Ted Simmerman was employed by,
assisted in, issued business checks, and had financial
interest in the Mountain Man Restaurant. Ted Simmerman
is not a person who is of good character and reputation
satisfactory to the Board of Trustees of the Town of
Estes Park in that he had committed a felony in the
State of Texas; is under a felony indictment from the
State of Colorado for drug offenses; and, with evidence
presented, found that Mr. Simmerman used the telephone
at the Mountain Man Restaurant to conduct drug
transactions.
2. 12-47-130(1)(A). In violation of Regulation
47-106.1(D), all information submitted to any licensing
authority, by application for license or otherwise,
shall be given fully, faithfully, truthfully and
fairly. TO -WIT: Nita Sue Simmerman did not reveal
that Ted Simmerman was actively involved and that he
had financial interest in the business.
3. 12-47-128(5)(f). It is unlawful for any person li-
censed to sell at retail, pursuant to this article, to
buy any malt, vinous, or spirituous liquor from any
person not licensed to sell at wholesale, as provided
by this article except as otherwise provided in this
article. TO -WIT: On November 21, 1988, Investigator
Sauter stated that an employee of the licensee advised
him that they buy a lot of liquor from The Back Forty.
4. 12-47-109. Each licensee shall keep a complete set of
books of account, invoices, and all other records
necessary to show fully the business transactions of
such licensee. TO -WIT: Investigator Sauter requested
to see business records and invoices for the licensed
premise, and was advised by the manager that there were
none on the premise.
5. 12-47-119(6). Each hotel and restaurant licensee shall
have a separate and distinct manager and shall register
the manager of each liquor -licensed premise with the
state and the local licensing authority. TO -WIT:
Investigator Sauter testified a manager was not regis-
tered with the state or local licensing authority.
6. 12-47-119(7). The registered manager for each hotel
and restaurant license or the licensee for each shall
purchase alcoholic beverages for one licensed premise
only. TO -WIT: Investigator Sauter testified the
manager advised she routinely buys alcoholic beverages
from The Back Forty Restaurant.
7. 12-47-128(5)(h). It is unlawful for any person to fail
to display at all times in a prominent place, a printed
card with a minimum height of fourteen inches (14") and
a width of eleven inches (11"), commonly referred to as
a "minor warning sign." TO -WIT: Investigator Sauter
testified the licensee did not have a "minor warning
sign" on the licensed premise.
Special Board of Trustees Meeting - January 11, 1989 - Page four
8. 12-47-130(1)(a). In violation of Regulation
47-105.4(A), no licensee for the sale of alcoholic
liquors for consumption on the premise where sold,
shall maintain thereon any container of alcoholic
liquor which contains any substance other than that
contained at the time such container was received by or
deliver to the licensee. TO -WIT: Investigator Sauter
testified and identified twelve (12) bottles of liquor
which contained insects in them.
Trustee Dickinson moved the "Findings of Fact" be adopted as
stated, and, based upon those findings of fact that the Hotel and
Restaurant Liquor License issued to Nita Sue Simmerman, dba
MOUNTAIN MAN RESTAURANT, be revoked. Trustee Barker seconded the
motion and it passed by the following votes: Those voting "Yes"
Trustees Aldrich, Barker, Dickinson, Garrett, and Habecker.
Those voting "No" none.
With regard to the twelve liquor bottles, the Police Department
will retain this evidence until such time as the appeal process
is no longer valid; the bottles will then be destroyed.
There being no further business, Mayor Dannels adjourned the
meeting at 2:40 P.M.
„e9--)c.
Town Clerk