HomeMy WebLinkAboutresolution.council.017-94 RESOLUTION NO. 1994-1~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN SITTING AS THE
LIQUOR LICENSE AUTHORITY STATING FINDINGS AND CONCLUSIONS
CONCERNING THE COMPLAINT AGAINST DAVID HAN AND SUSAN TAN, d/b/a
EASTERN WINDS (State License No. 04-74186; City of Aspen License
No. 2290)
WHEREAS, the Liquor License Authority (hereinafter
"Authority"), subsequent to a complaint received from the
Environmental Health Department, determined, on February 14, 1994,
that probable cause existed to believe that David Hah and Susan
Tan, d/b/a Eastern Winds (hereinafter "Licensees"), have violated
the Colorado Liquor Code; and
WHEREAS, pursuant to said determination, the City Clerk, on
February 16, 1994, issued an Order to Show Cause and Notice of
Hearing to the Licensees to show cause why the license should not
be suspended or revoked for the following reason:
Licensees, on February 1, 1994, failed to maintain the
premises in a clean and sanitary condition and in full
compliance with the requirements for restaurants under
the supervision of the State Board of Health, in
violation of Regulation No. 47-119.1.D. of the Colorado
Liquor Code, §12-47-119, C.R.S.
WHEREAS, the Authority did conduct a hearing on March 1, 1994,
at which time evidence was submitted in support and in opposition
to the complaint made, as well as in aggravation and mitigation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, SITTING AS THE LIQUOR LICENSING AUTHORITY OF
SAID CITY, THAT:
1. Attached hereto as Exhibit A is a list of documents
constituting the record of these proceedings.
2. The Authority has jurisdiction over the subject matter of
these proceedings and the Licensees.
3. The Licensees have violated Regulation 47-t19.t.D.
promulgated by the State of Colorado Department of Revenue pursuant
to the Colorado Liquor Code, ~12-47-119, C.R.S., as charged.
4. Pursuant to the foregoing finding, the license of the
Licensees, David Han and Susan Tan, d/b/a Eastern Winds, is
suspended for a period of ten (10) days, provided that the
suspension be deferred for a period of one (1) year conditioned
that, during said one-year period:
(a) No critical item health code violations (in the
opinion of the Department of Health) occur on the
licensed premises; and
(b) Ail management and kitchen staff attend a food
training course within 5 weeks of this hearing and show
proof of satisfactory course completion; and
(c) Ail new employees attend a food training course
and show proof of satisfactory completion as soon as
possible after being hired; and
(d) When necessary, trainees be accompanied by an
interpreter.
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.
Done in Aspen, Colorado this /~ day of March, 1994.
THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO
City Cle~' ~~-- M y~or /~'~'~----
Approved:
j0h~. ~rcester ~20610
City Attorney
CERTIFICATE OF ~ILING
I hereby certify that on this /~ day of March, 199~, I
placed true and correct copies of the foregoing Resolution in the
United States mail, postage prepaid, certified, return receipt
requested, and addressed as follows:
David Hah
520 East Cooper Avenue
Aspen, CO 81611
Susan Tan
520 East Cooper Avenue
Aspen, CO 81611~~~
Exhibit A
DOCUMENTS OF RECORD
1. Complaint filed by the Aspen/Pitkin County Environmental
Health Department.
2. Order dated February 14, 1994, ordering a hearing and
directing the City Clerk to provide notice to the Licensees of
the same.
3. Order to Show Cause and Notice of Hearing dated February 16,
1994, addressed to the Licensees and advising them of the
hearing and the liquor code violations alleged to have been
committed.
4. Copy of a Notice of Hearing directed to the Licensees dated
February 14, 1994.
5. A Certificate of Service executed by the City Clerk evidencing
compliance with the notice requirements for the hearing as
required by the Colorado Liquor Code.
6. A Certificate of Posting executed by the City Clerk evidencing
compliance with the posting requirements for the hearing as
called for under the Colorado Liquor Code.
7. A letter from the City Attorney to David Hah, owner of Eastern
Winds, enclosing copies of the Authority's Policies and
Procedures relating to show cause proceedings.
8. Authority exhibits:
EXHIBIT 1 Inspection Report 3/5/87
EXHIBIT 2 Inspection Report 12/15/88
EXHIBIT 3 Inspection Report 6/25/90
EXHIBIT 4 Inspection Report 12/3/90
EXHIBIT 5 Inspection Report 3/7/91
EXHIBIT 6 Inspection Report 12/10/91
EXHIBIT 7 Inspection Report 6/30/92
EXHIBIT 8 Inspection Report 9/30/92
EXHIBIT 9 Inspection Report 10/14/92
EXHIBIT 10 Inspection Report 12/3/92
EXHIBIT 11 Inspection Report 5/16/93
EXHIBIT 12 Letter dated 8/27/93 from Nancy MacKenzie to
Eastern Winds
EXHIBIT 13 Inspection Report 8/23/93
EXHIBIT 14 Follow Up Inspection Report 9/9/93
EXHIBIT 15 Inspection Report 11/30/93
EXHIBIT 16 12/8/93 Environmental Health Department Hear-
ing on Eastern Winds Food Service License
EXHIBIT 17 1/7/94 Notes Re: Follow Up Inspection from
Nancy MacKenzie
EXHIBIT 18 Inspection Report 2/1/94
EXHIBIT 19 Reinspection report/MacKenzie - 2/9/94
Exhibit A
Page 2
EXHIBIT 20 Reinspection report/Cassin - 2/9/94
EXHIBIT 22 Blank form of inspection report
EXHIBIT 23 Picture board (17 photos from February 1994
reinspections)
EXHIBIT 24 February 16, 1994 letter from City Attorney to
David ~an
Licensees' exhibits:
EXHIBITS A-W Photos
EXHIBITS X-GG Invoices and food temperature chart
city~resolutn. 2