HomeMy WebLinkAboutminutes.council.19771116 Special Meeting Aspen City Council November 16, 1977
ASPEN BAR AND A Special Meeting of the Aspen City Council was held on NoVe~lber 16, 1977 at 12:00 in
GRILL the Council Chambers of City Hall. Those members present were Martin Hershey, George
License Ren. Parry, Michael Behrendt, John Van Ness, Steve Wishart. Also present is City Attorney
Dorothy Nuttall.
The purpose of this Special Meeting is to review the liquor license renewal for the
Aspen Bar and Grill, whose license expired on November 15th. Michael Behrendt, acting
as Mayor Pro Tem reviewed the circumstances surrounding this special meeting called at
the request of Martin Hershey and John VanNess. The Bar and Grill received approval on
their renewal application by Chuck Dotson on August 28, 1977. They were instructed by
Kathryn S. Hauter, City Clerk to renew this license prior to the expiration date of
November 15th. They did not do so. She informed them on three different ocassions that
their license was going to expire and should be renewed, on Thursday, November 10th she
informed them they were in default on their license if the license was not renewed prior
to the expiration date. Tony Mitchell, one of the owner/managers of this establishment
brought in the renewal on Monday, November 14th, asking to be put on Council Agenda for
that day. He was informed by the City Clerk that she could not do so. Mitchell replied
that they were in financial difficulty with rent and salaries to pay. Hershey stated
that he felt a special meeting was necessary because of the circumstances surrounding
this application. He continued that they are dealing with a bar and restaurant that is
trying to make it in this town during the down part of this season and decrease in income
in respect to that restaurant, wether it be one day or 48 hours or a week, would cer-
tainly work to their detrement in his opinion. Behrendt disagreed with the Council having
to "act with dispatch" since the applicant obviously had not and strongly felt that the
SPecial Meeting was unnecessary. Van Ness feels that the applicant is in a situation
where by waiting two weeks for the next Council Meeting, they will suffer irreparable
damage. If they are entitled to the license, which he would like to hear their reasons
for not getting on the stick, and if he is satisfied, then he will agree. Mitchell stated
that he did not know it was so critical, he was told the deadline was Monday the 14th.
He stated no one informed he they had to get on City Council Agenda. He continued that
they are in a difficult financial situation and didn't want to put the $500 up but wanted
to wait. He does not recall being approached three times, he was approached on Thursday
by Ms. Hauter but did not bring in the application nor attempt to bring it in by Friday.
In this he stated, he was lax. In talking by phone to the Clerks Office he was informed
on Friday that he had already missed the deadline and could not be on City Council
Agenda. Behrendt also added that Ms. Kenny had informed them they could hold the check.
Behrendt stated that in this case he would agree to approving the application, he did
not agree with the purpose nor reasons behind calling this meeting, and in the future
he will absolutley not do so. He stated "if they don't care enough I don't know why they
deserve to have a special meeting." Hershey agreed with thiS philosophy, but feels that
in the past so many exceptions to the rule have been made everyone has become lax and
the exception has almost become the rule. Behrendt stated that in the future, his will
be an automatic vote against whomever the applicant may be if this situation comes up
again. Hershey feels that this starts coming up heavy between now and January 1st. If
the City plans to adhere to the rule, then the liquor holding establishments should be
made aware of this. Behrendt stated that there has never been a meeting like this and
he will not do so in the future,"peoPle have sat without a license and we have not let
them operate".Van Ness feels that there has been some misunderstanding and confusion in
this, and obviously if these people understood they would be closed down at midnight if
they did not follow every single step they would have done it. His feeling is that they
are new inthe business, and don't have $100,000 to go out and pay lawyers to keep them
up to date on all these regulations. He feels that failure to communicate or just
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BAR AND GRILL
ignorance of the law they are in a situation where they could very easily be put out of cond.
business if Council had not called this emergency meeting. Behrendt once again stated
that if the situation occurs once again they can count on his negative vote.
Hershey moved to approve the renewal of liquor license application subject 5o any of the
terms and agreements in connection with the special license regulations and that the
licensed be issued forthwith so that they can operate as of this date. Wishart seconded
this motion.
Van Ness asked if Ms. Nuttall had any problem with what this Council is doing and she
had a negative answer. The D.eputy City Clerk replied that to her knowledge all papers
in the file were in order.
All in favor, motion carried.
Parry moved to adjourn, seconded by Wishart. The meeting adjourned at 12:20.
Ellen L. Atkins, Deputy City Clerk