City discusses Sky Lounge liquor license

"What I am asking of the trustees is to take the building code compliance issue and the liquor license that has been tabled and separate the two issues so I can deal with the building department on my building code compliance. I can then move forward with my business with the liquor license renewal. "


CREEDE- The Creede Board of Trustees opened their mid-month work session Nov. 19 to discuss a variety of topics. Mayor Jeffery Larson opened the meeting and asked for the approval of the agenda which was passed before the Mayor.
Local business owner Kip Nagy took a moment to speak to the board in regard to a liquor license approval that had been tabled a few moths ago pending some stipulations pertaining to an egress that needed to be added to the building before the board would issue the license.
“I am coming before you guys to see if we can find a positive way to move forward. What I am asking of the trustees is to take the building code compliance issue and the liquor license that has been tabled and separate the two issues so I can deal with the building department on my building code compliance. I can then move forward with my business with the liquor license renewal. We think it is a reasonable request and I am very open to answer any questions,” stated Nagy.
In a previous meeting in September, the board decided to continue to table approving the liquor license specifically for the Sky Lounge that has recently been under construction. During the August meeting, board members voted to table the approval of the liquor license until a building code inspector could inspect the work completed on the property.
The main concern for the board was that there needed to be work done on the current emergency exit, and possibly the addition of another egress for the upper portion of the building. Due to the high concern for public safety, the board opted to once again table the approval of the liquor license and requested that the Sky Lounge be shut down until all issues brought up by the building inspector were brought up to code.
Board members asked town attorney Karen Lintott whether or not it was appropriate to respond during public comment, which is typically a portion of the agenda where the public has a chance to speak to the board, but no actions are taken. Lintott stated that it was a legal issue.
Nagy asked that Lintott explain what that statement entailed, stating that they had complied with the egress issue and the easement issue. “We have approved the liquor license since 2006, even when the construction was underway upstairs, we never failed to not approve the license,” stated Nagy.
Lintott responded by stating that, “This has been turned over to outside legal counsel and the board cannot do anything. I have explained that to Kip in writing. I appreciate that there is a misunderstanding about the connection between the two issues.”
Lintott continued to state that an attorney had sent a letter to  Nagy explaining the situation and suggested that Nagy turn to legal counsel if there was anything he did not understand. “I am very much asking the board of trustees, who can make decisions, look at the code, look at code enforcement and make changes based on certain applications. We have been working on this for five months, to renew my liquor license and separate the building code issue,” stated Nagy.
Town Manager Louis Fineberg stated that the building inspector had not yet approved any work that has been completed that was in compliance with stipulations set forth by the board in September. “The board are elected officials that are mandated to follow the law and they are following the law as instructed,” finished Lintott.
Nagy continued to state that they had not received written notification of any violation from the city and that they continue to do everything that they have been asked to do once they were made aware of the issues. “The city tabled our liquor license to get us to come into compliance with building code violations and we have complied,” said Nagy.
Nagy finished by requesting to be on the agenda for the following meeting in order to have the board make an official decision since one could not be made during the public comment portion of the night’s agenda. “There are a lot of unintended consequences occurring because of this issue and I would like it to be separated so that we can all move forward.”

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