HomeMy WebLinkAboutresolution.council.078-93
'..'-"
.I','
Ii
,.L'i'.
"",,<.., .
"It'
,.0.....'..'...
p,'
'Ow
'\
"-"
!*' '
\\;,,~-
RESOLUTION NO. 1993-17~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN SITTING AS THE
LIQUOR LICENSE AUTHORITY STATING FINDINGS AND CONCLUSIONS
CONCERNING THE COMPLAINT AGAINST MOLLY AND TERRY L. SWANTON, d/b/a
DOWNTOWN SPORTS CENTER
WHEREAS, the Liquor License Authority (hereinafter
"Authority"), subsequent to a complaint received from the Aspen
Police Department, determined, on September 27, 1993, that probable
cause existed to believe that Molly and Terry L. Swanton, d/b/a
Downtown Sports Center (hereinafter "Licensees"), had violated the
Colorado Liquor Code; and
WHEREAS, pursuant to said determination, the City Clerk, on
October 5, 1993, issued an Order to Show Cause and Notice of
Hearing to the Licensee to show cause why its license should not be
suspended or revoked for the following reasons.
1. That the Licensees 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., in that the licensed premises were used for illegal
purposes, to-wit: the sale and distribution of schedule II
controlled substances (cocaine) in violation of ~18-18-405 of the
Colorado Revised Statutes.
2. That the Licensees failed to maintain possession of the
premises for which the license was issued in violation of ~12-47-
106(3) of the Colorado Revised Statutes.
3. That the Licensee, Terry L. Swanton, failed to disclose
a conviction for driving under the influence of alcohol on the
License Renewal Applications dated July 26, 1988, July 31, 1989,
June 30, 1990, June 30, 1992, June 28, 1993, and on a Liquor
License Application dated June 26, 1991, each in violation of ~12-
47-134 (2), C.R.S.
AND WHEREAS, prior to opening of the hearing, the Licensees,
through their attorney, 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 AUTHORITY OF
SAID CITY, THAT:
1. Attached hereto are the documents that constitute the
record of these proceedings.
j\
"It
x.! ....
.~.
'i.e'
...'...._..'.....
~;'
'!j
"
[(fe'
';\
"C""
2. The Authority has jurisdiction over the subject matter of
these proceedings and the Licensees.
3. The Licensees have violated Regulation 47-105.1
promulgated by the State of Colorado Department of Revenue pursuant
to the Colorado Liquor Code, !il12-47-105, C.R.S. ("Each person
licensed under this Article shall conduct his licensed premises in
a decent, orderly and respectable manner, and shall not permit on
his licensed premises the serving or loitering of an apparently
intoxicated person or habitual drunkard, nor shall he permit
profanity, rowdiness, undue noise, or other disturbances or
activity offensive to the senses of the average citizen, or to the
residents of the neighborhood in which the licensed establishment
is located. ")
4. Nothing herein shall be construed to constitute a finding
that such failure was intentional; provided, however, that it has
been acknowledged by the licensees that establishing intent is not
necessary to support a finding of a violation of regulation 47-
105.1
5. Pursuant to the foregoing findings, the license of the
Licensees, Molly and Terry L. Swanton, d/b/a Downtown Sports
Center, is suspended for a period of thirty (30) days, commencing
on October 22, 1993 and through November 20, 1993.
6 .
Colorado
required
The City Clerk shall report the foregoing
Department of Revenue, Liquor Enforcement,
by the state licensing authority.
action to the
in the manner
Done in Aspen, Colorado this /fA day of &~, 1993.
THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO
Attest: .. ~./
~JnJ~~
City Cleibk
By:
~~-
M yor t?
Approved:
a~(*# -z.o~rt)
Assistant City Attorney
tk
# 5
the Licensees
"e
~\
'-..
-.
\0_
8'
S'1
12....
1\1..
CERTIFICATE OF MAILING
I hereby certify that on this ,;:<~ day of ~ , 1993,
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:
Molly Swanton
Downtown Sports Center
P. O. Box 1403
Aspen, CO 81612
Terry L. Swanton
Downtown Sports Center
P. O. Box 1403
Aspen, CO 81612
John H. Case, Esq.
P. O. Box 4203
Aspen, CO 81612
)'~, ) 4'4
City Clerk or the City of
Aspen, Co orado
city\resolutn