Lyons Den liquor license suspended by State and Town

The Lyons Den Restaurant & Tap House, 160 E. Main, Lyons, had its liquor license suspended two weeks ago due to breaking the state health rules. It was reported by the Sheriff’s office to the Town that on three consecutive days no one was seen wearing a mask and the management, co-owner of the Lyons Den, Randall Yarbrough, said it had no intention of enforcing the health rules.
 
Sergeant Bill Crist, Boulder County Sheriff’s Office, wrote a memo regarding the reason for the visits and suspension. It was addressed to the Town of Lyons — the mayor, Board of Trustees, and the Town Administrator. The Sheriff stated that Boulder County Sheriff’s Offices takes COVID-19 seriously and “it is critical that we do everything in our power to stop the spread of the virus.” The Town of Lyons set a public meeting date based on the report.

Per Sgt. Crist:
“This past Thursday, the Lyons Den lost their fight in court over all the noise issues that have occurred this past summer. Judge Brown found that our current noise ordinance is constitutional and enforceable. Mr. Yarbrough was also warned in the court by Judge Brown that he needed to comply with the up-coming public health orders that were going to be instituted the next day.

“The Boulder County Sheriff’s Office has received complaints every night since Friday about violations of the Public Health Order at the Lyons Den.”

The sheriff “observed multiple people inside eating and drinking and playing pool. No one was social distancing or wearing face coverings.”

The officer spoke to the owner that night, and the next two nights, without receiving any concession that the rules would be followed. The Sheriff talked to the county attorneys, and a (mandatory) summons and complaint was filed in state court for the violations.
 
==See Sergeant Bill Crist’s Report, dated November 23 https://www.facebook.com/photo.php?fbid=10100360123052611&set=p.10100360123052611&type=3
 
Boulder County Public Health issued a warning of violation to the restaurant on November 25. It stated that they must “immediately cease and desist from violating current public health and executive orders,” or it would face legal action to stop the violations.

Husband and wife, Randall and Denise, owners of the Lyons Den, decided the November 20 Level Red restrictions of permitting curbside pickup and outdoor dining was not enough to survive, despite owning a large, popular outdoor sandstone patio. They continued to advertise that it was open for business. Yarbrough said that they had enforced past Health rules, but not the recent Level Red rules. It offered in-door dining, did not require masks or social distancing, and served people at the bar– all items that broke the State’s orders. Two photographs in the December 4, Friday’s Longmont Times Call shows two separate photographs of the bartender and the owner working behind the bar, without a mask.
 
Colorado’s Department of Revenue, gave a Summary Suspension of their liquor license, served on December 5, 2020. This means: “These licensees cannot permit the selling, serving, giving away, or consumption of alcohol beverages on the licensed premises while their licenses are summarily suspended.“ Nor can liquor or beer companies sell them product.

The Department ordered officers to seize all alcohol from the Lyons Den because the restaurant continued to defy public health orders, even after multiple warnings from local authorities. Five sheriff’s cars and one police patrol car arrived at the premises, and officers entered the premises, and removed all liquor and beer and placed it in their truck. The owner estimates that there was $5,000 worth of merchandise removed. It was put in cold storage until the suspension ends, when the owner can take back possession of it.
 
This was not a criminal action, but an administrative action, and therefore, no warrant was needed. This type of seizure falls within the Department’s administrative powers as the licensing authority.

==See Colorado Department of Revenue report : State of CO Dept of Revenue, Liquor and Tobacco link:
https://www.colorado.gov/pacific/sites/default/files/Industry%20Update%2012.5.2020.pdf

==State of Colorado Department of Public Health & Environment: “Enforcement of Public Health Orders” page:
https://covid19.colorado.gov/enforcement-public-health-orders?fbclid=IwAR2FQ9rFcm1Si7x4adNASJflLo5P6sGYYvFxAe-JF1-KNj3doKQCkfC0TkE

==State of Colorado Department of Public Health & Environment “Compliance Statement:’’ https://www.colorado.gov/pacific/sites/default/files/Industry%20Update%2012.5.2020.pdf

On Monday, December 7, at 5 p.m. a couple dozen residents and employees had a protest in front of the restaurant/bar mainly focusing on American freedom. On Facebook “Lyons Happenings,” and “Lyons: Open Discussion,” people commented about the situation, resulting in hundreds of postings. Perhaps the biggest rash of comments on any happening in Lyons in recent years. A rough estimate of the content of the postings showed a somewhat larger percentage were in favor of the license suspension due to flagrant violation of health mandates.

Out of the nine other restaurants and cafes in Lyons, the Lyons Den is the only one breaking the COVID-19 health regulations, and singularly being reprimanded by the Town or County or State health departments.

At the Town of Lyons Board of Trustee bi-monthly meeting, on Monday (via Zoom) December 7, at 7 p.m, a special public session took place to consider the matter. The Local Licensing Authority of the Town of Lyons discussed the suspension of the (1) liquor license. The liquor license was suspended. The Town of Lyons Board of Trustees was to discuss the suspension of the (2) business license of Lyons Den. The second part was postponed till the end of the month.
 
It was announced prior to the meeting: “At said time and place, any interested person may appear to be heard for or against the license. By Order of the Local Licensing Authority.” Written comments were also allowed, filed with the Town Deputy Clerk.
 
==See Town Board Meeting video https://www.youtube.com/watch?v=_8h-SylCcFM&feature=youtu.be&fbclid=IwAR1f4lYgbEDxsDRqlir77mxxyDnfnb-iDTdGR6WtDcVY4xpC22ac0HMGrCg