Loading...
TC Minutes 10-31-19780 9 MINUTES OF THE SPECIAL MEETING OF THE TOWN COUNCILMEMBERS OF THE TOWN OF AVON HELD OCTOBER 31, 1978 7:00 p.m. A special meeting of the Town Councilmembers of the Town of Avon, Colorado, was held in the Town Office, Second Floor, Benchmark Shop- ping Center, Avon, Colorado. The meeting was called to order by Mayor Angelo Alpi at 7:00 p.m. Councilmembers in attendance were Richard Allen, Joyce Allred, Angelo Alpi, William Doyle, Steve Erickson, Allan Nottingham, and Carol Richards. Also present were: George Rosenberg, Town Attorney; Don Pease, owner of the Stables; John Blish, Attorney for Don Pease; Jeff Spanel and Isaac Shisler, witnesses; Deputies Al Reynolds and Dave Manning, Responding Officers; Steven M. Taylor, Laura Bellows and Lyle Carmony, interested citizens. Richard Allen moved that the Council approve the Minutes of the Reg- ular Meeting of October 24 and the Special Meeting of October 26 as submitted. Seconded by Carol Richards and so carried. The Council, sitting as the local liquor licensing authority for the Town, then proceeded with the public hearing,which began at the Reg- ular Meeting of October 24, 1978, for the purpose of considering the suspension or revocation of the liquor license held by Don Pease doing business as the Stables at Beaver Creek. Mr. Blish, representing Mr. Pease, asked that those Councilmembers having a conflict of interest disqualify themselves from the hearing. Allan Nottingham disqualified himself at the hearing of October 24, as he holds the note on the Stables. Joyce Allred disqualified her- self based on her relationship with Benchmark Companies. Mr. Blish then asked that Mr. Rosenberg disqualify himself as Town Attorney as he represents Benchmark Companies and Allan Nottingham. Mr. Rosenberg explained that he no longer repersents Benchmark Com- panies and has no personal interest in the Stables. William Doyle moved that the Council proceed with the hearing with Mr. Rosenberg as Town Attorney. Seconded by Carol Richards and unanimously carried. Mr. Rosenberg then asked that the Clerk identify the "Amended Notice of Hearing for Suspension or Revocation of the Hotel and Restaurant Liquor License Held by Don Pease D/B/A the Stables at Beaver Creek" and mark it Exhibit "B". Whereupon, Mr. Blish asked that the hearing be continued on the grounds that Exhibit "B" contained three additional incidents and two health inspection reports for which he hadn't had time to prepare. Mr. Blish also questioned the Town's authority with regard to a liquor license issued by the County. Following some discussion the Council agreed to proceed with the hearing. Witnesses Jeff Spanel and Isaac Shisler then testified to the incident and stated that they saw the alleged shooting. Sherriff's Deputies Al Reynolds and Dave Manning testified as responding officers. Mr. Blish then asked Mr. Rosenberg to disqualify himself with regard to questioning the Deputies as he is the Eagle County Attorney and this was a conflict of interest. Council again agreed to proceed and retain Mr. Rosenberg. Mr. Pease then spoke on his own behalf. He stated that he had never told his bartenders to bring guns in the bar, he didn't know that there was a gun behind the bar, and he hadn't given permission to nor had he ever seen Mr. Lazdins pull a gun on a customer. He stated that he had instructed his employees to call the police if there were any trouble in the bar. He said that he hadn't given permission to nor had he ever seen Mr. Lazdins intoxicated while on duty. Contrary to the Sherriff's repo)°t, Mr. Pease stated that a shotgun was not nor- mally kept behind the bar nor was anyone authorized to keep a shotgun behind the bar. He knew of Mr. Lazdins selling at least one gun across the bar to another dealer. Officer Manning was recalled. He stated that Mr. Lazdins had appeared to be intoxicated although he refused to take a blood alcohol test. The hearing was then opened to public. Steven M. Taylor testified that he frequented the Stables and that he had never seen a shotgun come across the bar although he had seen several hand guns. Laura Bellows testified that she had seen a bartender pull a gun on a customer at the Stables. Lyle Carmony stated that he was trying to sell the restaurant and that a restaurant will sell more easily if it is open for business. Rich Allen moved that an incident occurred October 21, 1978 at the Stables in which there was a discharge of a firearm by an employee resulting in bodily har or injury to a patron and that this was a violation o= RequlatiC47-105.1,"Conduct of Est ishment" of the Colora o -1~icuor Code. Seconded by Steve Erickson and unanimously carried. Carol Richards moved that the Council go into executive session. Seconded by William Doyle. Motion defeated. Steve Erickson moved that the suspension continue for the remainder of the fifteen day period to Saturday, November 4, 1978 at 10:00 p.m. at which time the Stables be allowed to reopen under the following conditions: no firearms allowed on the premises; the premises close no later than midnight; employees not permitted to drink on duty; and a minimum of two responsible people on duty at all times. Seconded by Carol Richards. Richard Allen moved that the motion be amended to read: the premises close no later than midnight during the week and if there is entertain- ment on Friday and Saturday nights, then the premises be allowed to remain open as long as the entertainment continues but not later than 2:00a.m.. Seconded by Carol Richards and so carried. The motion as amended was then voted upon and so carried. The next order of business was the Council's approval of vouchers. The Council approved the vouchers as submitted and decided that in the future, the purchasing committee, !Mayor Alpi and Mrs. Richards, would approve the vouchers. It was also agreed that a list of the vouchers would be submitted to the Council for their inspection. There being no further business to come before the Council, the meeting adjourned a.t 11:45 p.m.. v (Respectfully Submitted, Leslie James Allen, Town Clerk MINUTES APPROVED, NOTICE OF MEETING WAIVED: f 1