Despite concerns from the sheriff, Montezuma County commissioners voted to renew a liquor license for Mary Jane at Stoner because there had been no liquor law violations in the previous year.<\/p>\n
\u201cThere is no evidence of violations, therefore there is no good cause not to renew,\u201d said Jeff Kane, attorney for Frank McDonald, the owner-operator of the cafe.<\/p>\n
In a letter objecting to the license renewal, Sheriff Dennis Spruell cited \u201cbizarre\u201d behavior at the cafe and said deputies had been called to the property more than once because of complaints.<\/p>\n
During the renewal hearing Monday, Spruell again raised concerns about neighborhood complaints of loud machinery operating late at night, and strange reports including one of a body in a chimney. But, he added it had quieted down in recent months.<\/p>\n
\u201cStoner is far away from my deputy\u2019s regular patrols so it is extremely difficult to respond in a timely matter,\u201d Spruell said. \u201cMcDonald told The Denver Post that he plans to have his own police force which you cannot do unless a town is incorporated.\u201d<\/p>\n
The commission denied the original renewal application in July citing questions regarding the ownership of the property and information that it was in foreclosure.<\/p>\n
The original denial also triggered a public hearing with McDonald to respond to concerns about re-issuing the liquor license.<\/p>\n
When asked if the foreclosure had been resolved, McDonald responded that the \u201cnote has been caught up. It is clear. There is a notice of withdrawal for the foreclosure.\u201d<\/p>\n
County attorney John Baxter agreed that the license should not be denied if there had been no violations.<\/p>\n
\u201cDenying based on character can only be done during the original application. Without violations, it is more of a rubber-stamp process\u201d he said, adding after the hearing that \u201cwe would have lost in court if it were denied.\u201d<\/p>\n
McDonald testified at the hearing that he had been having a rough year because of illness, but had turned it around, and he was ready to move forward with his restaurant plans.<\/p>\n
The name Mary Jane at Stoner is meant to \u201chonor a neighbor named Mary Jane who has lived there all her life,\u201d McDonald said.<\/p>\n
It also alludes to Amendment 64, a Colorado law passed last year legalizing recreational use of marijuana. In an interview with The Durango Herald last year, McDonald described his venture as family-friendly, cannabis-friendly, environment friendly model for a new era.<\/p>\n
Montezuma County has banned commercial sales and cultivation of medical and recreational marijuana in unincorporated areas.<\/p>\n
When asked about his plans, McDonald and publicist Lee Hart explained they envisioned an indoor-outdoor music venue, bar and restaurant.<\/p>\n
\u201cOur plans are for an event center, because there is nothing like that around here,\u201d McDonald said. \u201cThere are a lot of reasons why we haven\u2019t opened yet, but there are a lot of good reasons to open.\u201d<\/p>\n
He plans to open the bar and grill in spring 2014.<\/p>\n
Responding to concerns that the cafe was lacking basic water and sewer service, McDonald said the systems are in working order.<\/p>\n
Regarding Spruell\u2019s concerns Kane said McDonald \u201cwants to have a good relationship with the sheriff. A lot of it was misunderstanding.\u201d<\/p>\n
McDonald\u2019s friend, Scott Lamburger, testified at the hearing that he is a changed man.<\/p>\n
\u201cHe had some trouble, but now he has good partners,\u201d he said. \u201cYou will see it go a lot better for the sheriff and the people around the area.\u201d<\/p>\n
\u201cWe had concerns, but if the issues are cleaned up then your ready to go,\u201d said Commissioner Steve Chappell before the board voted unanimously to approve the renewal.<\/p>\n