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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 2314 $~i~] ~ing NDv~mh~r l~: 1Q73 Aspen--City Cou. n~i-1 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