HomeMy WebLinkAboutPACKET Town Board Special Meeting 2021-11-11The Mission of the Town of Estes Park is to provide high-quality, reliable services
for the benefit of our citizens, guests, and employees, while being good stewards
of public resources and our natural setting.
The Town of Estes Park will make reasonable accommodations for access to Town services,
programs, and activities and special communication arrangements for persons with disabilities.
Please call (970) 577-4777. TDD available.
BOARD OF TRUSTEES - TOWN OF ESTES PARK
Thursday, November 11, 2021
4:00 p.m.
In Person Meeting – Mayor, Trustees, Staff and Public
ADVANCED PUBLIC COMMENT
By Public Comment Form: Members of the public may provide written public comment on a specific
agenda item by completing the Public Comment form found at
https://dms.estes.org/forms/TownBoardPublicComment. The form must be submitted by 12:00 p.m.,
Thursday, November 11, 2021. All comments will be provided to the Board for consideration during
the agenda item and added to the final packet.
OPTIONAL REMOTE PUBLIC PARTICIPATION DURING BOARD MEETING
Remote options for participation in the meeting will be available by call-in telephone option or online
via Zoom Webinar which will be moderated by the Town Clerk’s Office. Instructions are also available
at www.estes.org/boardsandmeetings by clicking on “Virtual Town Board Meeting Participation”.
Individuals participating in the Zoom session should also watch the meeting through that site, and not
via the website, due to the streaming delay and possible audio interference.
CALL-IN (TELEPHONE OPTION):877-853-5257 (toll-free) Webinar ID: 982 1690 2040
ONLINE (ZOOM WEBINAR): https://zoom.us/j/98216902040 Webinar ID: 982-1690-2040.
LIQUOR ITEMS:
1. SHOW CAUSE LIQUOR HEARING FOR GALEX LLC DBA CHELITOS MEXICAN
RESTAURANT, 145 E. ELKHORN AVENUE, HOTEL AND RESTAURANT LIQUOR
LICENSE. Special Prosecutor Brown.
ADJOURN.
Prepared 11-04-2021
*Revised
BEFORE THE ESTES PARK LIQUOR LICENSING AUTHORITY
ESTES PARK, COLORADO
GALEX, LLC )
d/b/a Chelitos Mexican Restaurant )
145 E. Elkhorn Ave. ) FINDINGS AND ORDER
Estes Park, CO 80517 )
)
THIS MATTER came before the Estes Park Liquor Licensing Authority for hearing on
November 11, 2021, pursuant to notice. The Licensee, Galex, LLC, d/b/a Chelitos Mexican
Restaurant, was represented by counsel Brian Proffitt. Estes Park was represented by Special
Prosecutor, Kristin N. Brown.
The Liquor Authority, having received into the record the written Stipulation signed by
both counsel, and heard and received the statements of the parties, makes the following Findings
and Order:
FINDINGS
The Liquor Authority accepts the admission of the Licensee of the following violations:
a. C.R.S. 44-3-901(1)(a)(I): to sell or service any alcohol beverage to a visibly
intoxicated person;
b. C.R.S. 44-3-301(3)(a)(I): to allow any other person to exercise the privileges of
its liquor license.
ORDER
1. The Tavern license shall be suspended for fifty (50) days. Thirty-five (35) days
of the suspension to be held in abeyance for a period of one year from the date the Liquor
Licensing Authority issues these Findings and Order, on the following conditions:
a. Current and future staff (limited to owners, any registered manager, employees
involved in the sale/service of alcohol beverages and any security/bouncer employed by the
Licensee) shall successfully complete a responsible server class approved by the State Liquor
Enforcement Division or the responsible server training offered by Estes Park. Such training
shall be completed within sixty (60) days of the date the Findings and Order is issued by the
Liquor Licensing Authority. Any newly hired employee, in the category set forth above, shall
complete the responsible training class within sixty (60) days of the start of employment. Proof
of training shall be provided to the within thirty (30) days of completion of the class.
2
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b. The Licensee have no violations of the Colorado Liquor Code, the Regulations of
the Liquor Code (Colorado Code of Regulations, 1 C.C.R. 203-2), Estes Park Municipal Code
provisions related to liquor licensing matters, or other local rule related to the liquor licensing
matters, for a period of one year from the date this Stipulation is accepted by the Local Licensing
Authority.
2. The total period of suspension, fifteen (15) days, is to be served on the following
dates:
December 5, 2021 at 12:00 a.m. – December 19, 2021 at 11:59 p.m. (hereinafter
“Active Suspension”) unless otherwise stayed by Order of the LLA.
3. During the term of Active Suspension, the Licensee shall post two notices in
conspicuous places, one on the exterior and one on the interior of the premises for the duration of
the suspension, consistent with Colorado Department of Revenue, Liquor Enforcement Division
Regulation 47-600(F).
4. Ms. Ericka Santana Gonzalez, the sole member/officer currently registered with
the Liquor Licensing Authority, shall sign the Stipulation at Town Hall no later than Wednesday,
November 17, 2021, at 4:00 p.m. Counsel for Licensee represents that he has conferred with his
client, explained the available options to it, and that its decision to accept the terms and
conditions of this Stipulation is knowing, voluntary and intelligent.
5. The charge of CRS 44-3-413(9), failure to register manager, shall be dismissed.
SHALL BE SO ORDERED this _____ day of November, 2021.
ESTES PARK LIQUOR LICENSING AUTHORITY
By_______________________________________
Wendy Koenig, Chair
1
LIQUOR LICENSING AUTHORITY
ESTES PARK, COLORADO
____________________________________________________________________________________
STIPULATION
____________________________________________________________________________________
GALEX, LLC
d/b/a Chelitos Mexican Restaurant
145 E. Elkhorn Ave.
Estes Park, CO 80517
Estes Park License No.: 42-68041-0000
__________________________________________________________________________________
THIS STIPULATION, by and between the Town of Estes Park, Colorado ("Town"), represented by
Kristin N. Brown, Special Prosecutor, and Galex, LLC d/b/a Chelitos Mexican Restaurant ("Licensee"),
represented by Brian Proffitt, is offered for the purpose of stipulating to a disposition of alleged violations
of the Colorado Liquor Code and Regulations described in the Order to Show Cause dated August 10,
2021 (as amended on October 12, 2021).
1. Licensee admits the following violations:
a. C.R.S. 44-3-901(1)(a): to sell or serve any alcohol beverage to a visibly intoxicated person;
b. C.R.S. 44-3-301(3)(a): to allow any other person to exercise the privileges of its liquor
license.
2. Licensee’s Tavern liquor license issued by the Town shall be suspended for fifty (50) days.
Thirty-five (35) days of the suspension shall be held in abeyance for a period of one year from the date this
Stipulation is accepted by the Local Licensing Authority (“LLA”), subject to the following conditions:
a. Current and future staff (limited to owners, any registered manager, employees involved in
the sale/service of alcohol beverages and any security/bouncer employed by the Licensee) shall
successfully complete a responsible server class approved by the State Liquor Enforcement Division or the
responsible server training offered by Estes Park. Such training shall be completed within sixty (60) days
of the date the Findings and Order is issued by the Liquor Licensing Authority. Any newly hired
employee, in the category set forth above, shall complete the responsible training class within sixty (60)
days of the start of employment. Proof of training shall be provided to the within thirty (30) days of
completion of the class.
b. Licensee shall have no violations of the Colorado Liquor Code, the Regulations of the
Liquor Code (Colorado Code of Regulations, 1 C.C.R. 203-2), Estes Park Municipal Code provisions
2
related to liquor licensing matters, or other local rule related to the liquor licensing matters, for a period of
one year from the date this Stipulation is accepted by the Liquor Licensing Authority.
4. So long as Licensee complies with the conditions set forth above, those days in abeyance
shall be permanently stayed following the expiration of one year from the date this Stipulation is accepted
by the Liquor Licensing Authority.
5. The remaining period of suspension, fifteen (15) days, shall be served on the following
dates;
December 5, 2021 at 12:00 a.m. – December 19, 2021 at 11:59 p.m. (hereinafter “Active
Suspension”) unless otherwise stayed by Order of the LLA.
6. During the period of Active Suspension, Licensee shall post two notices in conspicuous
places, one on the exterior and one on the interior of the premises for the duration of the suspension,
consistent with Colorado Department of Revenue, Liquor Enforcement Division Regulation 47-600(F).
7. Ms. Ericka Santana Gonzalez, the sole member/officer currently registered with the Liquor
Licensing Authority, shall sign the Stipulation at Town Hall no later than Wednesday, November 17, 2021,
at 4:00 p.m. Counsel for Licensee represents that he has conferred with his client, explained the available
options to it, and that its decision to accept the terms and conditions of this Stipulation is knowing,
voluntary and intelligent.
8. Upon the acceptance by the Liquor Licensing Authority of the terms and conditions of this
Stipulation, the charge of C.R.S. 44-3-413(9), failure to register manager, shall be dismissed.
Dated this _____ day of November, 2021.
KRISTIN NORDECK BROWN, PC GALEX, LLC
d/b/a Chelitos Mexican Restaurant
By_________________________________ By_____________________________________
Kristin Nordeck Brown, #19913 Ericka Santana Gonzalez
Town Prosecutor Member
P.O. Box 253 145 E. Elkhorn Ave.
Longmont, CO 80502 Estes Park, CO 80517
RUNCO & PROFFITT, PC
By_______________________________________
Brian Proffitt, #31101
Counsel for Licensee
1616 – 17th St., Ste. 362
Denver, CO 80202
Liquor Violation Guidelines 1
Liquor Violation Sentencing Guidelines for Compliance and
Non-Compliance Check Violations
(Town Board Approved - April 8, 2014)
The purpose of these sentencing guidelines is to provide philosophical, non-binding
guidance concerning negotiating stipulated agreements with licensees for liquor
violations occurring within the Town of Estes Park. The actual penalty imposed is at the
discretion of the Local Licensing Authority, and may vary under the guidelines depending
upon the circumstances of each case and any mitigating factors.
Definitions:
“Level 1” means violations including, but not limited to Procurement of Liquor from a
Prohibited Source; Failure to Meet Food Requirement; Failure to Report Change of
Manager, Trade Name, Entity Structure, or Modification of Premises.
“Level 2” means violations including, but not limited to Gambling; or Refusal to Allow
Inspection.
“Level 3” means violations pertaining to Regulation 47-900 Conduct of Establishment; or
Unlawful Ownership.
“Local Licensing Authority (Authority)” means the Town of Estes Park Board of Trustees
sitting in its capacity as the Local Licensing Authority. If the Board chooses to appoint a
separate Authority, this section would apply directly to that Authority.
“Licensee” means the person or entity holding an alcohol beverage license of any class,
or the person or entity holding an alcohol beverage permit of any type.
“Town” means the Town of Estes Park, Colorado.
Investigation of Cause for Suspension and Revocation of Licenses
An investigation may be commenced upon motion of the Authority, request of the Police
Department, or upon the Town Clerk’s own initiative. If the investigation shows
reasonable suspicion to believe that grounds for suspension or revocation exist, Show
Cause Hearing proceedings may be initiated.
Pre-Hearing Negotiated Stipulation
For liquor law violations, the Town Clerk, in conjunction with the Chief of Police and/or
the Town Attorney, is authorized to conduct a pre-hearing negotiation meeting. After
considering results of the initial investigation and considering any mitigating or
aggravating factors, the Town Clerk may offer a stipulated agreement to the licensee.
An offer of stipulation is intended to be a lesser penalty than the Local Licensing
Authority would reasonably be expected to impose after a hearing. A stipulated
agreement is not required to be offered, and both the Town Clerk and Chief of Police
reserve the right, at their discretion, to move directly to a Show Cause Hearing. If the
licensee agrees to a stipulation agreement, the agreement will be presented to the Local
Licensing Authority for final action. If a stipulated agreement includes days of
suspension, the time shall be served consecutively and immediately upon approval of
the stipulated agreement.
The range of the Town Clerk’s discretion is specified in this section and includes
providing the owner of the establishment with the option of participating in the
Liquor Violation Guidelines 2
Restorative Justice process in lieu of fulfilling the terms and conditions of the stipulation
agreement. Additionally, the employee involved in the violation may choose the
Restorative Justice option over facing criminal charges in district court. When the
Restorative Justice option is chosen the case will be referred to the Estes Valley
Restorative Justice Partnership (EVRJP).
Penalty Guidelines
Penalties for violation of any provisions of this Chapter, the Colorado Liquor Code,
Colorado Beer Code, or Colorado Special Events Code shall be as provided in the
guidelines below. Nothing in the following guidelines is meant to restrict the Local
Licensing Authority from issuing a lesser penalty, a higher penalty, or additional
penalties as allowed by this Code or state law, up to and including suspension or
revocation of a liquor license.
For any offense involving Sale to a Minor or Service of a Visibly Intoxicated Person, the
Authority requires, as a condition of holding any days of suspension in abeyance, that
the licensee present timely proof of approved alcohol server training of each employee
of the establishment who sells or serves alcohol or malt beverages.
When the penalty is a result of a violation that occurred during a compliance check, the
guidelines in the Code of Regulations, 1 C.C.R. 203-2, Regulation 47-604 shall apply.
The penalties described below reflect this Regulation, and may also be applied to a
similar violation that occurs outside of a compliance check.
GUIDELINES FOR SALE AND SERVICE ALCOHOL VIOLATIONS
Violation(s):
Sale to a Minor
Sale To Visibly
Intoxicated Person
Sale or Service by
Underage Employee Penalty Range
Payment of
fine permitted
Negotiated
Stipulation
Range Additional Requirements
First offense Written warning
up to 15 day
suspension
Yes 0 to 15 days
served with
15 to 0 days
held in
abeyance for
one year
If the employee making the
sale has completed a state-
approved server training, a
written warning is
recommended in compliance
with Regulation 47-604(A)(2).
Adopt recommended
practices.
Second offense
within one year
Up to 30 day
suspension or RJ
Option
Yes, if fine was
not paid or
suspension
served for first
offense and if
there are no
other offenses
within the past
two years (12-
47-601(3)(a)(III)
10 to 20 days
served with
20 to 10 days
held in
abeyance for
up to 18
months
Any time held in abeyance
from a prior penalty must be
served. May not pay fine in
lieu of this portion of the
suspension.
Liquor Violation Guidelines 3
Third offense within
one year
Up to 45 days
suspension, RJ
Option, or
revocation
No 30 to 45 days
served
Time held in abeyance not
allowed. Time held in
abeyance from prior
offense(s) must be served.
May not pay a fine in lieu of
suspension.
Second offense
within two years
Up to 21 day
suspension or RJ
option
Yes, if fine was
not previously
paid
14 to 21 days
served with 7
to 0 days held
in abeyance
for one year.
If a second offense occurs
within one (1) year of the first
offense, any days held in
abeyance from the first
offense will be imposed in
addition to separate sanctions
for the second offense. May
not pay a fine in lieu of
suspension.
Third Offense within
two or three years
Up to 30 days
suspension, RJ
Option, or
revocation
No 20 to 30 days
served with
10 to 0 days
held in
abeyance for
one year
If a third offense occurs within
one year of an earlier offense,
any days held in abeyance
from the earlier offense(s) will
be imposed in addition to
separate sanctions for the
third offense. May not pay a
fine in lieu of suspension.
* Recommended Practices
1. Create and maintain a written sales policy – establishments should have a
written policy identifying steps that staff must take for every transaction.
2. Train staff and management on the alcohol sales policy – all staff should be
fully trained before being permitted to sell alcohol.
3. Provide tools for employees – provide appropriate tools (i.e. as ID Checking
Guides, electronic ID scanners, programmable cash registers) to help staff sell
responsibly.
4. Monitor staff conduct – monitor staff performance as a quality control strategy.
5. Keep records – in order to demonstrate company practices, document training,
compliance checks, disciplinary actions; keep an unusual occurrence log; and
appoint a high-level employee to oversee compliance with laws and company
policy.
When considering mitigating and aggravating factors, the Authority and/or Town Clerk,
Chief of Police, and Town Attorney shall consider:
Action taken by the licensee to prevent violations, i.e. server training.
Licensee’s past history of success or failure with compliance checks.
Any corrective action taken by the licensee.
Any corrective action taken for prior violations and the effectiveness of the
corrective action.
Willfulness or deliberateness of the violation.
Likelihood of recurrence of the violation.
Factors which might make the situation unique, such as:
o Prior notification that the compliance check would be forthcoming.
o The dress or appearance of the underage operative, i.e. the operative
was wearing a high school letter jacket.
o Licensee or Registered Manager is the violator or directed an employee
or other individual to violate the law.
Liquor Violation Guidelines 4
GUIDELINES FOR LEVEL 1 – LEVEL 3 ADMINISTRATIVE VIOLATIONS
Level 1 Violation Penalty Range
Payment of fine
permitted
Negotiated
Stipulation
Range Additional Requirements
First offense Written warning
up to 10 days
suspension
Yes 3 to 7 days
served plus 7
to 3 days held
in abeyance
for one year
Second offense
within one year
15 days
suspension
Yes, if fine was
not paid or
suspension
served for first
offense
5 to 10 days
served with
10 to 5 days
held in
abeyance for
one year
Any time held in abeyance
from a prior penalty must
be served. May not pay
fine in lieu of this portion of
the suspension.
Level 2 Violation Penalty Range
Payment of fine
permitted
Negotiated
Stipulation
Range Additional Requirements
First offense Written warning
up to 20 day
suspension
(Aggravated: 25
day suspension)
Yes 7 days served
with 13 held in
abeyance for
one year
(Aggravated:
8 days served
with 17 days
held in
abeyance)
Second offense within
one year
Hearing is set
for revocation of
license
Level 3 Violation Penalty Range
Payment of fine
permitted
Negotiated
Stipulation
Range Additional Requirements
First offense 30 days
suspension (If
first offense is
serious enough
a hearing is set
for revocation of
license)
No 10 days
served with
20 days held
in abeyance
for one year
Second offense within
one year
Hearing is set
for revocation of
license
Liquor Violation Guidelines 5
Consideration of Payment of Fine in Lieu of Suspension
The Local Licensing Authority agrees to accept and adopt the optional procedures
described in C. R. S. §12-47-601(3) through (6). This shall apply to any licensee who
violates or whose employees violate any terms of this Chapter or of Title 12, Articles 46,
47, and 48, or the rules and regulations related thereto.
A fine in lieu of suspension may be considered for suspensions of fourteen days or less.
In considering the licensee’s petition to pay a fine in lieu of suspension, the Authority
shall use the criteria set forth in C. R. S. §12-47-601(3)(a)(I) through (III), which provide
that a fine in lieu of suspension may be considered when the authority is satisfied that
the following conditions obtain:
(I) That the public welfare and morals would not be impaired by permitting the licensee
to operate during the period set for suspension and that the payment of the fine will
achieve the desired disciplinary purposes;
(II) That the books and records of the licensee are kept in such a manner that the loss of
sales of alcohol beverages that the licensee would have suffered had the suspension
gone into effect can be determined with reasonable accuracy therefrom; and
(III) That the licensee has not had his or her license or permit suspended or revoked, nor
had any suspension stayed by payment of a fine, during the two years immediately
preceding the date of the motion or complaint which has resulted in a final decision to
suspend the license or permit.
The fine shall be determined in accordance with C. R. S. §12-47-601(3) (b) and (c),
which provide as follows:
(I) The fine accepted shall be the equivalent to twenty percent of the licensee's
estimated gross revenues from sales of alcohol beverages during the period of the
proposed suspension; except that the fine shall be not less than two hundred dollars nor
more than five thousand dollars.
(II) Payment of any fine pursuant to the provisions of this subsection shall be in
the form of cash or in the form of a certified check or cashier's check made payable to
the licensing authority i.e. Town of Estes Park.
The Town Clerk is authorized to recommend payment of a fine in lieu of suspension that
meets the criteria set forth as part of a stipulated agreement.
Consideration of Restorative Justice in Lieu of Suspension
For each liquor license violation case referred to the Estes Valley Restorative Justice
Partnership, a process of identifying and repairing harm would be followed. The EVRJP
process allows for consequences to match the specific details and circumstances of
each case as opposed to the same penalty being imposed for all incidences. It also
allows the community a voice by inviting community members to be a part of the
process.
When the Restorative Justice option is chosen, the owner of the establishment and/or
the employee involved in the violation would be contacted by EVRJP staff to both learn
about the Restorative Justice process and to review the facts of the case. Facilitators
and community members would be selected to participate in a Community Group
Conference Circle in order to develop a unique contract to be fulfilled by the offender(s)
in lieu of a suspension and/or fine as agreed upon in the stipulation agreement. The
Liquor Violation Guidelines 6
contract would run for a defined period of time, generally three to six months, and
contain up to five contract items that must be completed. These items will be specific,
measureable, achievable, relevant, and timely. The contract will be monitored by
EVRJP staff for completion within the amount of time specified. If the offender(s) fail to
complete the contract, or a second offense has occurred, the owner of the establishment
would be obligated to pay the fine and/or serve the suspension defined by the stipulation
agreement. The employee involved in the violation would be referred back to court, as
he/she would be facing criminal charges.