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Home My WebLink Aboutresolution.council.001A-92 RESOLUTION NO. 1992- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN SITTING AS THE LIQUOR LICENSE AUTHORITY STATING FINDINGS AND CONCLUSIONS CONCERNING THE COMPLAINT FILED AGAINST ASPEN PARADISE CORP., d/b/a THE CHINA CLUB WHEREAS, the Liquor License Authority (hereinafter "Authori- ty''), subsequent to complaints received from the Aspen Police Department and Aspen Fire Protection District, determined, ion March 12, 1992, that probable cause existed to believe that the Aspen Paradise Corp., d/b/a The China Club (hereinafter "Licens- ee''), had violated the Colorado Liquor Code and Fire Code of the City of Aspen; and WHEREAS~ pursuant to said determination, the City Clerk, on March 12, 1992, issued an Order to Show Cause and Notice iof Hearing to the Licensee to show cause why its license should not be suspended or revoked for the following reasons: 1. That it failed to apply to the Authority for a transfer of ownership of the Aspen Paradise Corp., d/b/a The China ClUb, in violation of ~12-47-106(4), C.R.S.; and 2. That it failed to report a transfer or change of financial interest in the said license to the Authority within thirty (30) days after the transfer or change in violation of §12-47-106(8) ~ C.R.S.; and 3. That it failed to report a change in managers to the Authority within thirty (30) days after the change in violation of ~12-47-106(9), C.R.S. 4. That it failed to conduct the licensed premises in a decent, orderly and respectful manner in violation of Regulation 47-105.1 of the Colorado Liquor Code, §12-47-105, C.R.S., by permitting the occupation of the licensed premises to exceed the maximum limits allowed by Section 25.114 of the Uniform Fire Code adopted by the City of Aspen by virtue of Section 9-2 of the Aspen Municipal Code; and WHEREAS, pursuant to said Order, a hearing was opened on March 24w 1992, at which time the Authority determined that evidence adduced therein tended to prove guilt of the Licenseeiof additional violations, and the Licensee was so advised; and the Order to Show Cause amended to add the WHEREAS, was following additional reasons: Resolution No. 1992- Page Two 1. That the Licensee allowed another person or entity to exercise privileges granted under its license in violation of §12-47-106(3), C.R.S.; and 2. That the Licensee failed to maintain possession of the premises for which the license was issued in violation of ~12-47-106(3), C.R.S.; and WHEREAS, prior to resumption of the hearing, the Licensee, through its attorney of record, made an offer to settle the Complaint by stipulating to entry of the findings and order herein contained, which offer is acceptable to the Authority. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, SITTING AS THE LIQUOR LICENSING AUTH- ORITY OF SAID CITY, THAT: 1. Attached hereto as Exhibit A are the documents that constitute the record of these proceedings. 2. The Authority has jurisdiction over the subject matter of these proceedings and the Licensee. 3. The Licensee has committed violations of the Colorado Liquor Code and regulations and municipal ordinances of the City of Aspen in that: a. The Licensee allowed another person or entity to exercise privileges granted under its license in violation of ~12-47-106(3), C.R.S.; and b. The Licensee failed to report a change in managers to the Authority within thirty (30) days after the change in violation of ~12-47-106(9), C.R.S.; and c. The Licensee failed to conduct the licensed premises in a decent, orderly and respectful manner in violation of Regulation 47-105.1 of the Colorado Liquor Code, 512-47-105, C.R.S., by permitting the occupation of the licensed premises to exceed the maximum limits allowed by Section 25.114 of the Uniform Fire Code adopted by the City of Aspen by virtue of Section 9-2 of the Aspen Municipal Code. 4. Pursuant to the foregoing, the license of the Paradise Corp.~ d/b/a The China Club, was surrendered to the City Clerk, and said license, in addition, IS HEREBY REVOKED. 5. The City Clerk shall report the foregoing action to the Colorado Department of Revenue~ Liquor Enforcement, in the manner required by the state licensing authority. 13/SD4 -2- Resolution No. 1992- Page Three Done in Aspen~ Colorado, this ~day of ~ ~ 1992. ~ THE CITY COUNCIL OF THE CITY OF ASPENs COLORADO A~?st: ~ City Cle~ ~ Mayor CERTIFICATE OF ~ILING I hereby certify that on this day of , 1992, I placed true and correct copies of the foregoing Resolu- tion in the United States mail, postage prepaid, certified, return receipt requested, and addressed as follows: Aspen Paradise Corporation c/o Karen Mo Smith 450 S. Galena St. Aspen, CO 81611 Michael J. Herron, Esq. Garfield & Necht 60]. E. Hyman Avenue Aspen, Colorado 81611 Ann Kallgren Lincoln House, Flat 16 Basil Street London, SW3, England Timothy McFlynn, Esqo 320 W. Main Street, ~1 Aspen, CO 81611 City Ci~ ~f the City of Aspen, ~61orado 13/SD4 -3- Exhibit A DOCUMENTS OF RECORD COMPLAINT OF BETH UFKES dated March 3, 1992 COMPLAINT OF ED VAN WALRAVEN March 4~ 1992 LIQUOR LICENSE FILE consisting of: Request to Change Trade Name Liquor Renewal Application Aspen Paradise Corporation Permit to Change Trade Name to The China Club Kathryn S. Koch's Certificate and 14 attached documents constituting the investigative file. Liquor License Authority Order dated March 12, 1992 Order dated March 12, 1992 Order to Show Cause and Notice of Hearing dated March 12, 1992 Certificate of Service dated March 12~ 1992 Certificate of Posting dated March 12, 1992 Return Receipts from Garfield & Hecht and Aspen Paradise Ann Kallgren's Certified Mail returned Memorandum from John Worcester to Liquor Licensing Authority dated March 4, 1992 Supplement to Notice to Show Cause, including policies and procedures Order dated March 24, 1992 Amended Order to Show Cause dated March 30f 1992 SUBPOENAS (AND RETURNS OF SERVICE) issued to: Kim Hansen Bill Stanton Lisa Von Garmaten Daniel Kinney Karen M. Smith Ann Kallgren RETURN OF SERVICE concerning service of: Joe Laughlin SUBPOENAS DUCES TECUM issued to: Jack Lavold Michael Herron, Registered Agent Aspen Paradise Corp. James Hunting LIQUOR LICENSING AUTHORITY EXHIBITS introduced during hearing: A. Personal Financial Statement - Anthony Goble B. Signature Cards Pitkin County Bank Karen Smith; Anna Kallgren; Thomas Nalley C. Signature Cards Pitkin County Bank Barrett Hamilton; Joseph Laughlin; Beth A. Crum; Thomas F. Nally; Joseph R~ Laughlin; Beth A. Crum; Lisa Von Garmaten I. Beth Ufkes, Police Department, notes on conversation with Secretary of State's Office 15/SD4 Documents of Record Page Two LICENSEE'S EXHIBITS Introduced During Hearing Io Fire Safety II. Letter from Tatouf Mark Fleischman regarding Karen Smith III. Agreement of Purchase and Sale (with attachments Ay Bf C and D) LICENSEE'S EXHIBITS By Reference Aspen Municipal Code City of Aspen Liquor Licensing Authority Policies and Procedures Manual (January 1, 1992) State of Colorado Liquor and Beer Code Regulations March 16, 1992 Memorandum from John Worcester, Esq. (and all attachments) Uniform Fire Coder 1988 Edition TRANSCRIPTS OF PROCEEDINGS Transcript of March 24, 1992 Hearing Transcript of April 21, 1992 (Continued) Hearing 15/SD4