HomeMy WebLinkAbout2008 Ordinance No. 012•
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ORDI ANCE NO. i 2-
SERIES OF 2008 --
BY t\UTH OR ITY
COUNC IL BILL NO . 14
INTRODUCE D BY COUNC IL
MEMBER MOO RE
AN ORD IN ANCE AMENDING TITL E 5, CHAPTER 3A. SECTI ON 6, OF TH E
ENG LEWOOD MU NICIPAL CO DE 2000 , BY THE ADD ITION OF A NE W
SUBSECT ION D, WHI CH PERTAINS TO DI STANCE S FOR LIQ UOR LICENSES.
WHEREAS. the State cu rrentl y require s the di stance between retailers of ma h. vin ous ,,r
spirituous liquor an d any publi c or parochia l sc hoo l or the principa l campu s of any co ll ege ,
university or semina ry to be 500 fe et but there is no di stance requirement for ret ailers of
fcnnented malt bevera ges an d/o r malt li quors; and
WHEREAS . the City Co un cil of the Cit y of Englew ood, Colorad o wi shes to hav e
co nsistent distan ce requirement for all types of liquor li ce nses fr om any public or pa roc hial
school or the principal campus of any co llege , uni versit y or se minary
WHEREAS. the Englewood Liquor Licensing Auth ori ty recommended
ap prova l of this amendment at its December 19. 2007 meeting ;
WH EREAS, thi s di stancing requirem ent will affe<I only new licen se appli ca ti ons for all
liquor li censes. Establi shment s with existing licen ses would be grandfathered and would be
all owed to rem ain in th eir current loc ation;
NOW . THEREFORE , lJE IT ORDAINED BY TH E CITY COUNC IL OF Tl-I E CITY OF
ENG LEWOOD . COLO RADO . AS FOLLOWS :
Sc-c 1ion I. The City Co un cil of the Ci1y of Eng lewo od. Colorado hereby au1hori zes
ame nding Ti tl e 5, Chap1er 3A Sec 1i on 6, "Decision Rendered ; New Applic ati ons", of the
Eng lewood Municipal Code 2000, by 1he addition of a i,ew Subsecti on D. to rea d as fo ll ows :
5-3A-6 : Decision Rendered ; New Applications.
A. Fo ll ow in g the publi c hearing on new applicati ons. th e authorit y sha ll render il s
deci sion no later 1han 1hirty (3 0) days th erea fter: prov id ed , howe ve r. 1ha11he
au thorit y ma y co ntinu e th e hc-"rin g fr om time to time as ma y be req uired to ga th er
nec essary fac ts anc1 ev idence and 1~ pen11i1 witn esses to testify, and th e time
I imit ed herein shnll run from the dn,e of conclusio n of the hen ring. as co nt inu ed.
B. Before enteri ng any decis ion approvi ng or denying the applicati on, the Local
Licen sin g Authori 1y shall cons id er the fac ts and evidence addu ~cd as a result of it s
inves ti ga ti on, as we ll as any orher fac1 s, the de sires of the inha bihi:!1S of the
neighborh ood. 1he rea so nab le requi remenlS of !h e neighborh ood for th e lype of
li ce nse for which applicatioi~ has been mad e. th e number. typ e and availabili ty of
li quor outl ets loc at ed in or nea r th e nei ghborhood under co nsid era ti on. and any
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ot her pertment mnners affecting the qu nlifi ca tions of t he app licant for the conduct
of 1he 1ype of bu siness proposed.
C. Th e Ci1 y Cle rk sha ll sen d a wrin en copy of 1he decis :o n of 1he au1h ori1y and 1he
reaso ns therefo r by ce rt ified ma il to the app li cant at th e address shown on the
app lica 1io n, and to any other party in in terest upon request.
u. Res1rictions for Ao21ica1ions for New I icensc
L No aon lication rtlf the issuance ofanv license shall he recei ved or acted UQ,illl;
a. If the bui ldin g in which the feOPented mah beverages· mah liauors · or
mah vinous or soicituous liauor is to he so ld is located within fi ve
hund red f;er of anv oubUc or oarochia l sc hoo l or the odncinal ca mnu s of
aov colle ge universitv or semiuarv
The distances referred to in the above naramoh are to he comnuted bv
direct measurement from the nearest nmnenv li ne of 1he laud used for
schoo l oumoses to 1be neares t ooaion of the bu il d in s in whic h liauor is
to be so ld us in s a route of direc t nedestcian access
Sec ti on 2. Safety Clauses. The Ci ty Co un cil hereby find s, detem1in es, and dec lare s
that thi s Ordinance is promul gat ed und er the gen era l po lice powe r of the City of
Eng lewood, that it is pro mul gated for th e hea lth, safe ly, and wel fare of th e publ ic, and
th at th is Ord ina nce is necessary fo r th e preservati on of hea lth and sa fely and fo r the
protect ion of pu bli c co nve nience and welfa re . The Cit y Co uncil furth er detennin es thai
1he Ordinnnce bears a ra ti onal re lat ion to the pro per leg islat ive objec t so ught to be
obtained .
Scctic.1 3. Sevcrabili ty. If any cla use. sent ence. paragrap h, or pan of this Ord ina nce
or th e appli ca ti on thereof to any perso n or circ umstances shall fo r any reaso n be
adj ud ged by a co un of co mp etent juri sdic ti on inva li d, such judgment shall not affect,
imp air or in va lidat e th e re mainder of this Ordinance or it applicati on to otl,er perso ns or
circ umstances .
Secti on 4. In co nsisten t Ordi nances. All other Ordi nances or porti ons th ereof
inconsis tent or co nfli ct in g with thi s Ordin ance or any port io n hereo f are here by rl!pca led
to th e ex tent of such incons istency or co nfli ct.
Sec tio n 5. Effec 1 of repea l or modificn ti on. The re pea l or modi fi cation of any
provision of 1he Code of th e City of Eng lewood by thi s Ordina nce shall not release ,
extin gu ish, alt er, mod ify , or change in whol e or in part any penalt y, fo rfeit ure , or
li abil i1 y, eith er civ il or criminal. whi ch shall have bee n inc urred und er such provis ion,
and each provis ion shall be treated and held as sti ll remaini ng in force fo r th e purposes
of sustainin g any and all proper act ions, suit s. prat.:ecdings , an d prosecu tio ns for the
enforcement of th e pe nalt y, forfeit ure, or li abi lit y, as we ll as for 1he purpose of
sustai ning any j ud gment , dec ree , or order whic h ca n or may be rend ered , ent ered , or
made in such ac1 ions. suit s, proceedings. or prosec uti ons .
Sec tion 6. Penalt y. The Pe na ll y Provis ion of Sec 1ion 1-4•1 EMC shall ap pl y to each
and every vio lati on of th is Ordi nance .
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Int roduced , read in full. a,,d pa ss c~ on first 1 " ... ,g on the 19t h day of February. 2008 .
Publi shed as a Bill for an Ordinance on the 22nd day of February. 20J8.
Read by title and passed on final reading on the J" da y of March, 2008 .
Publi shed by title as Ordinance No . i 1--. Serie. of 008. on the 7th day of March. 2008 . -
~ OtlCrishiaA. 1:.1us.cityClerk
~1~ 'r,)-==~:J
(James K. Woodward , Mayor
I. Loucrishia A. Elli s. City Clerk of the City of Englewood, Co lorado, hereby cenify
that the above and foregoing is a true copy of the Ordinance passed on final rending and ,..,,;,_,.,,,,,,.oro,-,N,.Jbs,,;,,,~:f
Loucrishia A. Ellis
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COUN CIL COMMUN ICATIO N
Date: Age nd a It em: Subj ect :
Feb rua ry 19, 2008 9 a iii Bil l fo r an O rd inance m aki ng distances co nsistent
for all li quor li ce nsees
Init iate d By: Staff Source:
D ep artm ent of Finance and Ad min is trat ive Frank Gryglewicz, Direc tor of Finance and
Servi ce s Ad mini strative Service s
City Cl erk's O ffice Ke rry Bu sh, D eputy Ci ty Cl erk
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Coun ci l di sc usse d this issue at a St udy Sess ion held Feb ru ary 4, 2008. Coun ci l directed staff to
prep are a Bi ll for an Ordinance , c hangi ng dis tance requi rements to app ly to all ty pes of liqu or
li censes w hi ch w ill ins ure consis:e ncy in appli ca t ion and understandin ~.
RECOMMENDED ACTION
Staff recomm ends Ci t y Co unci l approve a Bi ll fo r an O rdi nan ce se tt ing th e distance requirement ior
all typ es of liq uor li ce nse s at 500 fee t from any p ublic or parochi al sc hool or the prin ci p al ca mpus of
any co ll ege, universi ty or se minary .
BAt:K GROUND, ANALYSI S, AND AlltRNATIVES IDENTIFIED
Colorad o Co de of Reg ulati ons Reg ulati o n 47 -326 and Colorad o Rev ise d Statut es §12-4 7-3 13
currently has dis tance of 500 fee t enfo rce d fo r se llin g malt, vin ous o r spirituous liqu or. U p o n th e
recommend ati o n of the Li q uor Li ce nsi ng Autho rity, the reques t is hereby made to incl ude
fer men ted m alt beve rages and/or malt liquors in the distance requ irement. Th e reco mmended
c han ge would p rovide dist anci ng co nsis tency fo r all liquo r license typ es.
This ch ange woul ,:f affect o nly new lice nse app lica ti ons. Ex istin g licenses would be grandfa th ered.
FINANCI AL IMPACT
U nkn own
LIST OF ATTACHMENTS
M inutes from Liqu o r Li ce nsin g Auth ori ty mee tin g of D ece m ber 19, 2007 recommendin g approva l
Bill for an O rdin ance
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1. Call to Order
ENGLEWOOD LIQUOR LICENSING AUTHORITY
Regular Meeting
December 19, 2007
The regular meeting of the En glewood Liquor Licensing Authority was called to order at
7:00 p.m ., by Chalrper~on Lunders In the City Cou ncil Chambers .
Roll Call
Prese nt : Members Buchanan, Jensen, Lunders, Reid, VanDerLeest
Absent: None
A quorum was present .
Also Pre sent : Assistant City Attorney Comer
Depu ty City Clerk Bush
City Clerk Ellis
Fina nce and Admlnlsl1 .,tlve Services Direc tor Gryglewlcz
Police Commander W~tso n, Safety Services
2. Consideration of Mlnuten
MEMBER JENSEN MOVED, AND MEMBER VANDERLEEST SECONDED, TO APPROVE THE
MINUTES OF THE TELEPHONE POLL OF DECEMBER OS, 2007.
Vote Results :
Ayes: Members Buchanan, Jensen, Lund e··~, Reid, VanDerLeest
Nays : None
The motion carried and the minu tes of the telephone poll were approve d .
3. Public Hearing
a) The Authority received an application for a new Tavern Liquor License for Arapah oe
Home Association, 3800 S. Windermere St., Englewood, CO 80110.
MEMBER VANDERLEEST MOVED, AND MEMBER JENSEN SECONDED, TO OPEN A PUBLIC
HEARING TO CONSIDER AN APPLICATION FOR A TAVERN LIQUC.,R LICENSE FOR
ARAPAHOE HOME ASSOCIATION, 3800 S. WINDERMERE STREET., ENGLEWOOD, CO
80110.
Vote Re sults :
Ayes: Members Buchanan, Jensen, Lunders, Reid, VanDerLeest
Nays: None
The motion carried and the hearing was opened.
Roll Call
Present : Members Buchanan, Jensen , Lunders, Rei d, Va nD erleest
Ab sent: None
Also Pres ent: Ass istant City Attorn ey Comer
Deputy City Clerk Bush
City Clerk Ellis
Finance and Administrative Services Director Gryglewlcz
Police Commander Watson, Safety Se rvices
Chairman Lunders said that there Is a quorum present. Chairman Lunders made the follow ing
statement: evP.ry<>ne v;l.;hl ng to s~e ak In favor of or opposition to this application wi ll be heard . •
All tho se In fav or in presentiag the application wi ll be heard first . Anyone prese nt wishing to
oppose the appl ication sh all b2 give n the opportunity to speak after th e applicant's prese ntation .
Depu ty City Clerk Bush Introduced the follo wi ng City Exhibits:
City Exhibit A
City Exhibit B
City Exhibit C
City Exhibit D
City Exhibit E
City Exhibit F
The Appli cation for Arapahoe Home Association
Individual History Records for Fred Whitehurst and Charles Connor
Floor Plan of premises and floor plan compliance statement
Financial Questionna ire
Quit Cla im Dee d
A letter from Ke rry Bush, Depu ty City Clerk for the City of
Englewood, dated December 07, 2007, to Frederick C. Whitehurst,
advising him of the status of the application and giving notice of the
public hearing .
A publisher's affidavit, verifying that the Notice of Public Hearing was
published In the Englewood Herald, on November 16, 2007.
A note, dated November 01, 2007, from Brook Bell, Planner for the
Englewood Office of Community Development, verifying compliance
with zoning and distance requirements.
Proof of Posting of Affidavit
Map of the designated neighborhood Indicating :
a) Neighborhood boundaries at Floyd Avenue on north , Stanford
Avenue on south, Zuni Street on west, Delaware Street on east.
b) The applicant's loc atio n, highlighted In green, at 3800 S. Windermere
Street
c) No other Tavern Liquor Licenses are currently lor:ated within the
neighborhood boundaries.
Applicant Exhibits
a) none
Prot~s tors Exhibits
a) none
Chairman Lund ers asked If there was anyone here to speak on behalf of this application .
Frederick C. Whitehurst was sworn In by Deputy City Clerk Bush. He said first of all, I want to
thank you guys for your time. You do a great Job and we all appreciate It. Council 3340, Knights
of Columbus, has been In this facility since 1970 under a club license . In order to facilitate some
revenue In, In order t o do this ... rent the facility, It Is easier for us to c0mply with the laws of the
state to apply for a ta vern license, so that's why we have done It. We have applied so that It
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would be easier for us to comply with state laws, liquor laws, and to rent the facility so that we •
ha ve rev enue coming In from the rentals . For that reason, we are applying for a tavern license.
Englewood Liquor Ucenslny Authority
December 19, 2007
Pag e 2 of 14
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Chair man Lund ers asked if yo u had peopl e that you wis hed to prese nt?
Mr. Wh it ehurst said not if we don 't have to .
Cha irm an Lunde rs said okay .
Mr. Wh itehurst said we are all members of the Coun cil (pointi ng to some membe rs In the
au dience). It Is t ucked away In an area that does n't...nothlng has ch anged in the way we do
bu si ness; we are Ju st chang in g the type of li ce ns e. Everything else is stayi ng the same.
Chairman Lu nders sai d ok ay.
Cha rles Connor was swo rn In. He said I just want to co mm ent about what Fred said . Th e
Arap ah oe Hom e Ass ociation is an adjunct of th e Kn ights of Columbus organ iz ation. We are a
ch arita ble organizatio n . Prev iou sly, we had pl enty of In com e co m in g in from the bi ngo situation .
We were doing very we ll wi th that. But since everything th at ha s been go ing on up in the
mountains, we've been chased out of the bingo and we're really straining for charitable money to
di stribute to our charities. To do that, at the present time, we fin d that renting our hall under our
sup ervision will bring In some money to help alleviate that . Th at's why we are asking for the
tavern license becau se the club lic ense restricts the number of eve nts we could have . Thank yo u .
Chai rman Lunders asked the Deputy City Clerk if everything was In order.
Deputy City Clerk Bush replied that everyth ing is In order. Th ey submitted all of the documents
In a timely manner, were very easy to work with and we did not receive any complaints, protest s
or oppo sit ion regarding this hearing or this application .
Chairman Lunders sai d we have two new members on th e Au th ority : Mr . Reid and Mr. Buchanan .
I am go ing to ask If anyone has any questions for th is applicant? Dan, do yo u have anything ?
Member Jensen ask ed what are your hours?
Mr . Whitehurst said we have th e hall available fo r ren ta l pretty much seve n days a week,
exc luding ti mes when our Council uses It as a private function . We don 't ha ve any per se tavern
hours. It's baslcally ... our Council meeti ngs are the first and third Tu~sdays and we are always
there th en . But as we rent It, that's going to be av ail able . Wee kends primarily . Friday, Saturday
and Sunday , mostly Saturdays.
Cha irman L~nd ers asked Ro byn If she had anything .
Memb er VanD erlees t said ye s, I have a couple of quest ions. When you allude to what's going on
In the mounta ins, I want to be cl ea r, are we talking about Black Hawk or Central City?
Mr . Whitehu rs t sa id yes.
Member VanDerlees t asked do you already have an Increase d number of events scheduled in
anticipation of rec eivi ng thi s license?
Mr . Whiteh urst rep li ed yes . We have put a pretty good effort Into renting the hall to :n lng in
so me funds . I might add that the mon ies go back to t he ch arities; we don 't kee p an ything for
ourselves. So It wi ll go Into Englewood and Littleto n char ities . We are a non -profit.
Chairman Lun ders asked If Mr. Buchanan had any qu estions .
Englewood Liquor Licens ing Authority
Decembe r 19, 2007
Page 3 or 14
Member Buc hanan asked If members of your organizati on will operate the facility when it Is •
re nted out or wi ll the groups be bring ing In th ei r own ca terin g staff to se rve the liquor?
Mr. White hurst replied that we d o it al l. Sometimes th e group s will bring in the ca terers when the
hall ls rented out. The ha ll Is basically rented out. We ha ve members of our ow n Council as
bartenders . We do .provide security, armed se curity, when the hall is rented out. There are times
when church groups rent it whe n we d,n't ha ve armed sec urity .
Chairman I nders asked If they will be operating th e license, the liquor distribution, wi thin the
club . When you rent It out, there may 'Je oth er people doing the food but all of the alcohol wi ll be
done by ...
Mt. Whitehurst said yes, the Arapahoe Home Associatio n wi ll be se rving all of the liquor.
Chairman Lunders said good . I was curious about that too . Mr. Reid , do you have anytblng?
Member Reid sa id I was wond ering about what sort of advertisin g you are going to do? Were you
go ing to do anything with the Internet or Is this Just pretty much organizations find yo u and then
they ....
Mr. Wh itehurst re plied yes sir. We advertise In church bullet ins and throughout Englewood .
Other tha n that, that's all we do .
Member Re id said advertising can break your budget. Understood . Okay.
Member VanDe rLeest asked who provides the armed security ? Do you contract with t he police
department or do yo u have a private firm? •
Mr. Whitehurst answered we co ntract out to Dennis Brenning .
Mr. Conner said Denn is Brenn ing is a retired police officer from Denver. He does an excellent job
and a good job for us. He 's smart.
Member VanDerLeest said thank you.
Chairman Lunders asked If the Assistant City Attorney had any questions for this applicant and he
did not. He then asked If anyone In the aud ie nce had any questi ons regarding this application .
There were non e. Cha irman Lunders asked If there was anyone in opposi tion to this license and If
they wou ld like to com e forwa ,d and speak . There was no one . He said the chair wou ld accept a
motion to retire Into exe cutive sessio n for consideration on this application.
MEMBER VANDERLEEST MOVED, AND MEMBER REID SECONDED, TO RETIRE INTO
EXECUTIVE SESSION TO CONSIDER AN APPLICATION FOR A TAVERN LIQUOR LICENSE
FOR ARAPAHOE HOME ASSOCIATION, 3800 S. WINDERMERE STREET., ENGLEWOOD, CO
80110.
Vote Re sul ts:
Ay es: Members Buchanan , Jense n, Lund ers, Reid, VanDerLe es t
Nay s: Non e
The motion carried and the meet ing was adjourned at 7 :26 p.m . to go Into executive session .
The meeti ng reconvened at 7:32 p.m.
Engl ewood Liquor Licensi ng Autho rity
December 19, 2007
Page 4 of 14
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• Roll Call
Prese11t:
Absent:
Membe rs Bucha nan , Jense n, Lund ers, Reid , Va nD erleest
None
Also Pre se nt : Assi stant City Atto rney Comer
Dep uty City Clerk Bush
City Clerk Ellis
Finance and Administrative Services Director Gryglewlcz
Polic e Command er Watson , Safety Services
Chairman Lunders s,'ated that there were technical difficulties with the electronic recording
equipment so the Authority discussed proc edures with the new members of the Authority and
how the Authority operates . Since there wasn·t ~roper recording equipment working , we could
not have an executive sessi on . Nothing regardln9 the hearing or license was dis cussed du ring
this time.
MEMBER VANDERLEEST MOVED, AND MEMBER JENSEN SECONDED, T•J APPROVE THE
APPLICATION CHANGING THE LIQUOR LICENSE FROM A CLUB LICENSE TO A TAVERN
LIQUOR LICENSE FOR ARAPAHOE HOME ASSOCIATION, 3800 S. WINDERMERE STREET,
ENGLEWOOD, CO B0110,
Chairman Lunders asked if there was any further discuss io n. There was none .
Vote Results :
Ayes : Members Buchan an, Jensen, Lunders, Reid, VanDerleest
Nays: None
• The motion carried and the application was approved.
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Voting reasons were given by ea ch member of the Authority .
Member VanDerleest said I think you were able to show a nee ds and desires to change from a
club license to a tavern license. You have a plan to go forward wi th that action. Good Luck .
Member Jensen said there 's no oppositi on for your license to be change~. He said I think you
have a good performance record over the years . I don 't think you 'll have ~ny i;:,pact on the
neighborhood, and that's why I 'm approving your license.
Member Reid said everything in the packet here displayed to me that It me ets the qualifications
for such a license and that's why I approve It.
Member Buchanan sa id I just reiterate what the other mem be rs have stated already. You hav e
shown the needs and desires for the community .
Chairperson Lunders said and I, as Chairman, also concur with th e oth er members and their
reaso ns. At this time we will close the public hearina and there will no further dis cussi on with any
of the members wit h the Autho rity regarding this application or license from this point .
MEMBER VANDERLi:EST MOVED, AND MEMBER JENSEN SECONDED, TO CLOSE THE
PUBLIC Hl:ARING FOR ARAPAHOE HOME ASSOCIATION, 3800 S. WINDERMERE STREET,
ENGLEWOOD, CO 80110,
Vote Results :
Ay es: Members Buchanan, Jen sen, Lu nd ers, Reid , VanD erleest
Nays : None
The motion carried and th e public hearing was closed .
En glewood Liqu or Licensin g Auth ority
Decembe r 19, 2007
Page 5 of 14
Chairman Lunders sai d congratulations, and good luck.
Both Mr. Whiteh urst and Mr. Connor sai d thank you .
4. Renewals
a)
b)
Fraterna l Order of Eag les
3780-90 S. Jason St.
Los Portales Mexican Restaurant
3487 S. Logan St.
Club Liquor Lic ense
Expires Dec ember 31, 2007
Hotel/Restau rant Liquor License
Expi res January 22, 2008
Chairman Lu nders asked If the re was any discussion? There was no ne.
MEMBER VANDERLEEST MOVED, AND MEMBER REID SECONDED, TO APPROVE THE
RENEWAL FOR FRATERNAL ORDER OF EAGLES AND FOR LOS PORTALES MEXICAN
RESTAURANT.
Vote Results :
Ayes: Me mbers Buchana n, Jensen, Lu nders, Reid , VanDe rLees t
Nays : None
The motion carried and the renewa ls were approved.
5 . Speclal Event Permit
a) Muse um of Outdoor Arts
1000 Englewood Pa rkwa y
for an eve nt t o be held on April 4, 2008 fro m 4 :00 p .m. -9 :00 p.m.
(This Is rep lacing an event t hat was schedu led on March 7, 2008 .)
Chair man Lu nders aske d If t here was any discussi on? There was none .
MEMBER VENDERLEEST MOVED, AND MEMBER BUCHANAN SECONDED, TO APPROVE THE
SPECIAL EVENTS PERMIT FOR THE MUSEUM OF OUTDOOR ARTS .
Vote Resu lts:
Ayes: Members Buchanan, Jensen, Lu nders, Reid, Va n Der Leest
Nays: None
The special eve nt pe rmit was app roved pending the ten-day posting of the prop-.,,, and with the
public hearing date of January 2, 2008, wh ich will be vacated If no written protests :o t he
Issuance of the permit are received by the City Clerk, during the te n-day posting . Nei ghborhood
boundaries are set at of Ya le Avenue to the north, Oxford Avenue to the so ut h, Broadway Street
to the east and Santa Fe Dri ve to the west.
6 . Change of Corporate Structure
a) Fraternal Order of Eagl es
Clu b Liq uor Li cense
Cha nge of officers
3780 -90 S. Jason St.
Chairman Lunders asked If there was any discussion? There was none .
Englewood Liquor Licensing Authority
December 19, 2007
Page 6 of 14
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MEMBER JENSEN MOVED, AND MEMBER VANDERLEEST SECONDED, TO APPROVE THE
CHANGE OF CORPORATE STRUCTURE FOR THE FRATERNAL ORDER OF EAGLES .
Vote results:
Ayes : Members Buch anan, Jens en, Lund ers, Reid, VanDerlee st
Nays : None
Th e motion carried and the Change of Corporate Structure was approved .
7. Modification of Premises
a) The Falcon
3295 S. Broadway
Chairman Lunders asked If there was any discussion?
Member VanDerleest said I have a question. I was looking at both maps and I can't tell where
the seating Is on the new one .
The owner of The Falcon, Steve Schalk , was present In the audience. He came up to the podium
and pointed out, for the Authority, where the seating would be . All members were satisfied with
his explanation . He told them that the seating wi ll be mobile and that It will be tables and chairs .
Chairman Lunders asked If there was any other discussion ? There was none .
MEMBER VANDERLEEST MOVED, AND MEMBER JfNSEN SECONDED, TO APPROVE THE
MODIFICATION OF PREMISES FOR THE FALCON.
Vote results:
Ayes: Members Buchanan , Jensen, Lund ers, Reid, VanDerleest
Nays: None
The motion carried and the Modification of Premises was approved .
a. Citizens' Forum
a) Police Commander S,,m Watson gave the Deputy City Cle rk copies of
handouts for the Authority . Both were titled "Englewood Police Department, Call for Service
Report -3262 S. Broa dway, January 1, 2007 to November 5, 2007." Police Commander Watson
said good evening . My name Is Sam Wat 5on and I am a commander of the police division . The
reason I 'm here is to talk about The Gothic Theatre . I 've handed out two separate documents.
The reaso n I'm here Is we, the police division and the team lead, review reports In areas of high
cDll S<!rvlce, high crime areas , high calls for service . We loo k at those and try to come up with a
plan l o reduce the seriousness of the calls, the number of calls. The two reports t hat I l1ave; one
is a si ngle page report that shows from January of this year to November 5 of this year, the total
cal ls to that location when It is broken down Into generic categories. The second handout that
l'v~ giver ou t Is allttle bi t more detailed of those sa me calls; basically, some Information on the
da t~s and times, the Incident, and a brief sum mary. The numbers you see, the CFS number and
the DR number, are Internal numbers that relate to the reports that are generated by the poli ce
division. In the review of these reports, we show 108 ca ll s to the lo cation . 16 of these calls are
directly related to alcoh ol. I have actually pulled these reports. They are quite cumbersome to
read but I have the reports themselves and a brief su mmary If anyone would like them. There
are some additional ca lls that are med ical related ca lls that most likely are alcohol related but
because of HIPAA rules, we're not allowed to ... we don't even have access ... the police doesn 't even
have access to that type of Information, so there might be some more through the fire divi sio n ;
ambulan ce type calls wh ere people are sent there . The reason I 'm here Is that l want to make
everybody aware of these calls . I'm not sur e ... thls Is my first appearance In front of the Liquor
Authority . l'rr not sure If there Is any con sequences, If there Is any sanctions, that you ... lf you
have any more questlons ... lf you need anything more from the police division as far as
En gl ewoo d Uquor licensi ng Authority
De ce mber 19, 2007
Pa ge 7 or 14
Information on the se ca ll s ... ir you 're in te re sted In that. I 'm not sure. I 'm just here to answer any •
questions and to bring th is forward. We ha ve met with the man age ment o r The Gothic, although
I wo u ld not say on a regular basis but a periodic bas is and reviewed these, In my opinion, a lot
of the Iss ues and concerns continue. Our pol ice officers go there on a regular bas is . Quite a re w
of the cal ls are alco hol related. We've had da mag ed property, police cars being damag ed rrom
thrown ro ck s and bottles. We've had officers injured during fig hts . Foot chases . DUI 's . DUI
acc idents. All related to The Gothic. And again, our approach fro m th e police di visio n is a mlJlci-
t iered approach . The problem, again , is meeti ng with th e manageme nt. Th e other one Is to
present this Information to the Authorit y. So, :·m here to answer any questions or provide any
more information If anyone reels It Is appropriate or I can come ba ck at another t ime and answer
questions.
Member VanDerlees t said I ha ve a couple of questions. I'd like to look at the reports that are
alcohol related . Will you get me a copy ? Al so, do you think that there Is a possibility that they
are over serving? Is there a vio la t ion of ,,ve r servi ng or servhig Juveniles? Th ose are areas that
we can sanction .
Po lice Commander Watson replied there are some Juveniles lnv<-lved ir. the reports. What I've
ask ed the police officers to do, those t hat work swing shift and g,·aveya ,ds, Is to try to take more
of an active approach during their Investigation or these calls to de t ermine where th~ people we re
drinking. It's one thing, I know, to say that people are contacted outside or Insid e of the
establishment and they are Intoxicated . It's another threshold to show that they were actually
served Inside the establishment so I 've asked the police officers to take a more active approach In
questioning the people that they are contacting . 3ome or them are pretty Intoxicated yet I think
It's reasonable to ask that question. So that's the ne xt approach. I'm not sure If that an swers
your question .
Member VanDerlees t said it does. Sh e asked what do you propose would help this situation?
Police Commander \/atson said I 'm not sure . I 'm not sure . My goal Is to work through th is
problem usi ng as many reso urces as possible : the police department, the owners or the
establishment, the management of the establishment. The communi t y Is Impacted . The
surrounding bu si nesses are Impacted. There are parking Iss ues and you can use ... draw as many
of those peo ple to Into the problem solving as we can.
Member VanDerleest ask ed on any given night, how much of the po lice resources does thi s tie
up, do you est imate?
Poli ce Commander Watson said it's situational depending upon the type or call. Th ere was ... the
most rece nt Inc ident that I have In the report...lt took every police officer In Engl ewood. We had
Denver police offi ce rs , quite a co nting ent from Denver . We had Sheridan and we had Arapahoe
County officers.
Me mber VanDerlees t asked if that was this year, 2007, or was It In 2006?
Polic e Com mand er Watson said they had deputie s with th ei r canine units with them . He sa id
that was just a month or so ago ... Hallowee n night, October 31 st . Fairly rece nt. Actually, I had an
officer In jured at that incident.
Member VanDerleest aske d If it was se riou s? l s he okay?
Police Commander Watso n said yes, he's back on duty.
Eng lewood Liquor licensi ng Auth ority
Decembe r 19, 2007
Page 8 of 14
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Cha irman Lunders asked if there had been any tickets or su mmons iss ued by th e Eng lewoo d
Poli ce Department to r he Gothic Theatre or Its em pl oyees for any liquor v iolations?
Police Commander Watson sai d no sir. Not in the rev ie w or the reports from 2007 . There have
been tickets Is sued and enforcement action taken to patrons of the bar or the es ta blishment,
peop le outside but nothing to the management or to the establishment Itself.
Chairman Lunders said correct me If I 'm w rong but the Authority would hear and have hearings
relative to any vio lations of the application of the liquor license at that location . It sounds like
there is the possibility of some disturbances anC: nuisances and what all, but I don 't think It co mes
under the Jurisdiction of this Authority. I'd like to get some advice from the legal authority here.
Assistant City Attorney Comer said the Authority should be aware that there Is a i:,,oblem but If
th ere are no liquor law violations, It really doesn 't have the power to enforce ...
Cha irman Lunders said we have no Jurisdiction If there are not any liquor violations . It sounds
like there may be some problems .
Police Commander Watson said I'm not sure what the scope of the Authority Is, when It relates to
people that are Inside the establishment that are lnl·oxlcated and then leave the establishment
and cause problems . There are reports that show that people who were Intoxicated to the po int
that they were kicked out by securi ty from Inside the establishment and then came outside and
created problems. DUl 's, chases when they are driving fast down the street, fights, medical
related calls when an ambulance had to be called ... taken to the hospital because they are
Intoxicated, officers taking them to detox, so I'm not sure . That's one of the reasons that I'm
he re Is to seek help and to see if the scope of your Authority, If there may be Jurisdiction In these
areas, then I'm looking for that type of help. If It Is not, then our next step Is to try to tie In the
alcohol vlolatlons more closely related to being served Inside the establishment and make that
connection .
Chairma n Lunders said but you think, If I understand this correctly and the Ass istant City
Attorney can correct me If I 'm wroog, If th e establishment and their employees have cut someone
off and the security or whoever has cut th em off from consuming alcohol or Is Intoxicated and put
them out of the bulldlng, then I believe that the owner of the license is operating correctly by
cutting off the Intoxicated person . Now that person gets outside and becomes a problem, the
ow :1er acted correctly by cuttin g them off and having them leave the establishment. I don 't know
where the line is on something like this.
Ass istant City Attorney Comer said well, If it can be shown that they are serving Intoxicated
persons that could possibly be a violati on of the liquor license . If it can be proven that the person
serving serve d an Intoxicated person, they knew that that person was intoxicated, then that could
possibly be a vlolatlon of the liquor license . If they are serving someone under age, obviously
that's a violation of the liquo r license . Those thing s can be brought to the Liquor Authority . But
the Chairman was correct If someone Is Intoxicated, the personnel at the venue de ci des that that
person cannot be served any more alcoho l, they can cut them off at that point . Th ey've done
what they are supposed to do under the liquor license. If that person then creates a disturbance
Inside the venue , then they can also IJ e removed from there . Once they are outside,
unfortunately, the liquor licensee :·eally has no ... th <1y are done . That's part of the liquor licens e.
It's part of the statute, under th •~ Colorad o Statute.
Police Commander Watson said so what I'm hearing you say then sir Is that th ere is no
responslblllty from somebody that's been removed because of intoxication from Inside the
establishment, moved outside the establishment ... th ere's no responslb:,lty for them to call the
police, to call the ...
Englewood L!Quor licensing Auth ority
December 19, 2007
Page 9 of 14
Assistant City Attorney Comer sa ,~ that's entire ly up to the licensee, If they ,:'sh to call the police. •
Po lice Commander Watson continued saying call the m edical services or ca ll for a sobe• person 1.0
give a ride to get the perso n home. The Authority, from what I 'm hearing you say, from your
Liqu or Lice nsing Autho ri ty, is ended at the point from when they removed them from the bar.
Ass istant City Attorney said t hat 's correct.
Police Co mmander Watson said okay ,
Chairman Lunders said it becom es a sticky thing, and I use a h,~lc ry thing relative to the City of
Eng ;ewood. At one time there was a place called Paddy Boots , "·' on Broadway . And one night,
the police department was called and they found a dead lady In t l1e dumpster. I 'm not trying to
be callous or anyth ing , but just because you ha ve a dea C: lady in -dumpster is not a liquor
violation. So this Authority, I mean we can hear It, but wo ha · co Jurisdiction If It Is not alcoh ol
related. It has to do with Intoxication and serving and sud, as , • . I mean It is tragic that the
lady died and was In a dumpster but It Is a sticky thing, 'llhfJ."C do we become Involved as the
Liquor Authority? We need you to site som eone, obser ... , someone se rving someone
lntoxlcated ... when that happens, then bring them before the Authority.
Assistant City Attorney Comer said then we could do a Sh ow Cau se.
Chairman Lunders said we could have a Show Cause Hearing . But It need s to be ~ i:•,c ~r violatio n
before we can become Involved.
Police Commander Watson said I see what you 're saying: It Is alcohol lnvolverl •·,ut it ,s not a •
liquor violation , What we are looking for is a more active Involvement from tho management In
helping us before It cre,lus a bigger problem, by actually calling us when they kick peopl e out, by
having the proper sta ffi ng because they do serve alcohol. .. havlng the proper staffing on hand that
can help manage the crowd . They can keep people off of Broadway so we don 't have to close
down Broadway be cause so many peo ple are outside that they are a danger to themselves. They
could work the crowd right outside of th e establishment when it closes down sr. If people are
Intoxicated or the crowds are out of hand, we can actively be part of the solu•.,on instead of being
an establishment that has a problem. A lot of lt...somP. of It Is because of alcohol. And then when
the problem is created, Just push it out on the street and then say It's your Job, a pollr~ job, now
fix the problem, which I find frustrating with the resources that we have in the polir~ divisi on . A
lot of nights we may have four officers working ... maybe fi ve on a good night or six, and all of
them are tied up, and all of them are tied up on a regular basis and we neglect what's going on In
the other parts of the City. We h~ve 30,000 other peo ple that live in the City and other
bu sinesses tha t need to be served but we can 't. We have officers that are cl eari ng otl1er types of
calls, serious _alls, domestics and other fights, and they have to go and re spond to th l5 area on a
regular basis. It just hasn't been once but on a regular bas is. So I know ... understand what you
are saying and we are looking for more active participation from the management, From the
owners, to hel p us solve the prob lem. And I know , I know, and th ese reports reflect that, and
that 's why I come to the Board ... to the Authority is because alcohol play s a part In It. And I do
understand what you are sayi ng and we'll continue to work. We 'l l call meetings with the owners.
We'll do eve rythin g t hat I 've m entioned be fore as far as tying the drinking Into the bar Itself. The
officers can do a better Joh docu menting that. We 'll continue to do all that.
Member VanDerLeest sai d at this point Commander, It hasn 't ri sen to a level that we ca n apply
sanctions. I like that t his has sparked dialogue and I think that the owner Is definitely Intereste d •
In he lping to ga in community support. I am also definitely Interested In getting the Englewood
Po lice Department alittle bit more aggressive In enforcing liquor la ws ac ross the City , not Ju st
Englewood liquor Li censing Au thority
December 19, 2007
Page 10 of 14
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necessarily at The Gothic. And so, If you don't mind sticking around after th e meeti ng , I would
like t o discuss that with you and po ssi bly look at how we cao get this to a leve l w here It needs to
be 1 so that we can sa nc:t :on if sa ncti ons a rP. needed . How ever, I do en.:ourage th at th e re is a
dia logue, de finite communication, so that we don't ha ve to go that far.
Chairman Lunders said I ha ve a questi on for the Assistant City Attorn Py, Under t he State
Statutes that regulate the operation s of the es tabli shm en t serving alc ohol , If that establish ment
during th e process of servi ng alcohol, creates a pub lic nui sa nce , Is there anything In the statutes
that can Involve the status of the licen se?
Assistant City Attorney Com er said I und erstand but I wou ld ha ? to rP.search It.
Chairman Lunders said If It is th at the operator of the lice nse I;, :,s h e said, putting people out on
the street, creating a public nui sance, is it covered under th ,• .,tate's Liquor Statutes?
Assistant City Attorney Comer sa id I would have to look It up . I don 't have th e Information at my
fir,;ertlps .
Chairman Lunders sa id so I don't know If we have any Jurisdiction ,,r not. Dugan can figure it out
and poss ibly get back to you .
Member Jense n said , Mr . Chairman, I think that there Is so me language that addresses habitual
drinkers and It Is against the law to serv e a habitual drinker.
Chairman Lunders said but then where does It say we have to ...
Memb er VanDerleest said th at person alrea dy has to oe Identified as a hab itual drinke r, under
th e ~tatute.
Member Jensen said I know the City of Englewood and maybe they still do t l'ls, would send
somebody from your depa rtment In to talk to the store or bar and talk to the all of the employees
and go over with them what a visibly Intoxicated person LS and how to address different problems
that you might run Into, and I believe that th ey still do It.
Member VanDerLeest asked If they were requ ire d to ha ve that tr;!l nlng and was Informed that it Is
not required but highly recommended .
Commander Watson said we would be happy to do It. He said have In the past but I c9uldn 't tell
you if we 've done that at The Gothic . We 've done It in the past fc• other parties .
Chairman Lund ers said It se ems to me, from what you h?.ve said, that th e nperators of lhe
esta bli sh ments, are cutting off the patron s and putting tt,e m on the street, so to speak.
Commander Watson said that Is one scenario. I 'm not saying that hap,,ens but that has been a
sc enario .
Chairman Lunders sa id like Dugan says, techn ic ally, If that's wha t t he operator Is doln J, they are
complying with th e sta tute . I don't know wha t the answer Is and perhaps if the establishment Is
ca us ing a public nuisa nce, th en I don't know If we can be Involved or If we can't. Do you
understand what I'm saying? That Is something that has to be determined through the statu tP.,
not what we th ink or don 't th ink. We don't operate that way , We can only opera .~ by what the
ru le book says, what the statute says .
Englewood Liquor Li cen sing Authorit y
December 19, 2007
Page 11 or 1,.
Command er Watson said I u nderstand that. Aga in, Just to backtrack , r,y reason for coming here •
was to present thi s to yo u and se e If It falls Inside the scope of your autho rity and ir it d id, th en
the next question wo uld be is iF there Is anything t hat you can do to help . So I apprec iate this.
Cha irm an Lund ers said we ap precia t e you getting us up to spee d on what, eve ntu ally , possib ly, a
probl em that ma y be going on there. It may take awhile, but Dugan can Find out where we stand
an d what we can do or can 't do. Needless to say we ha ve to operate by the law.
Member VanDerLe est asked do yo u have time to wai t Co mmander? rr not, t hen I can give yo u a
call.
Commander Watson sai d yes. That's fine. Thank yo u .
Cha irman Lund ers asked If anybody els e ha ve anything to say regard ing this?
Steve Schalk, owner of The Gothic, said we ha ve had a liquor license, there at The Gothic, si nce
1999 and we 've had a clos e rela tionship with the police department and the fire department. I
do n't feel as if we've had a very close relat ionship In the last couple of years, quite honestly.
These matters ha ve not bee n brought to our attention . I even contacte d Jeff Sanchez a coup le of
months ago regarding the le vel of comm un ication and such . Kerry called me and let me know
that we were on the agenda . I wanted to come down and fin d out what wa s happening . I 'm
Interested In having those meetings and I wish we wou ld hav e had a meeting before this one. I
don 't kn ow what the paperw ork Is or what It Isn 't. I do know what happened on Halloween and It
was a bad situation . So I would li ke to havP those m eetings . I 'm always available . Kent Shelton ,
my manager, Is available, Greg Zarans ky , another manag er, Is available . My door and my phone
are always o en and you can please contact us and let's have a meeting . I mean , you sai d that
you've had m eeti ngs w ith us and I don 't know you , I k now most of the peop le ove r at •
Englewo <,J . I don 't know , I'd li ke t o have these meetings and see what It Is that's happening and
try to address these Iss ues.
Chairman Lund ers said let m~ say this. At the present time, we are becoming aware of a pos si ble
problem . I don't believe the Liquor Authority is or can be Involved unless there Is som ethi ng In
the statute that te ll s us we ca n. I wou ld suggest, and this Is my perso nal suggestion, nothing to
do with the Authority, It might be a great Idea If you folks from the establishme 1t an d the folks
from the Englewood Police Department be able to get tog ether and ha ve a meeting, sit down and
possibly work out som e c,f th e problems that may be out there . I can 't order that but I am
suggesting It. The way life works sometimes Is that It Is much better to cure a prob lem before It
grows into a mad dog .
Mr. Schalk sai d I couldn 't agree wi th yo u more .
Chairman Lund ers said t ha nks for comin g .
Mr. Scha lk sai d ab solutely.
Chairman Lunders sai d does anyune on the Authority ha ve anyth;ng to di sc uss relative to th is?
Member Reid sa id from what we 've d isc usse d here, we don 't ha ve the abilit'. to set limits on
wh at 's going on and they're not in vio latio n so I t hln K at this point, It Is not at Issu e by State
Statute. So unless the Ass lstan City Attorn ey finds something diffe rent, I think our sessi on with
th is particul ar Item number Is absol ved . I s th at the correct way to put It?
Chairman Lund ers said I th ink t hen we'l l put an end to thi s partic ular item and Dugan ca n
rese arch It and possibly get wi t h the Police Department an d the ope rators of the lice nsing
Englew o..'1d Liquor licensi ng Auth ority
December 19, 200 7
Page 12of 1-1
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es t ab li shment. If t here is somet hing t hat involves us , I'm sure we 'll be more t ha n happy to let
~ve ry body kno w.
9, Clerk's Choice
a) Deputy Clerk Bush pointed ou t a chang e that ha s be en add ed to the Sp eci al
Events Que sti onnaire regarding the required explanat ion for the location of an event, not In an
already li cense d establishment and thus the nee d for a Special Event Permit. This Is regarding
C.R.S.§12-48-103(2)(a) [Colorado revised Statutes]. She Inform ed the Authority that this had
be en discu ssed with Assistant City Attorney Comer and that th e qu es tionna ire was a good place
to place the question . Th is Is was for th e Autho rity's Informa tion only.
b) Rates increase
Deputy City Clerk Bush sa id thi s ~as to do with rate Increases . Senate Bill 07 -149, wh ich went
Into effect on August 1, 2007, Increases the fees for certain applications, transfers, rene wals and
special events permits . She sa id we are one of t he very few munlclpalltles that have not yet
Increased our fees to match th e allotted amounts. What I am loo king for from you Is a
re commendation that this proceed to City Council for approval of all of the rate Increases.
Chairman Lunders as ked if there was any discu ss ion ?
Member Buchanan asked if we are recommending t hE rate Incre ase or if we are recommending
that Council consider raising the rates?
Deputy Cl erk Bush answered that the Authority wou ld be recommending that the Council consid er
and approve Increasing the fees for the ne w applications, transfers, renewals and special event
permits according to the amounts stated In Senate BIii 07-149 .
MEMBER JENSEN MOVED, AND MEMBER VANDERLEEST SECO NDED, TO RECOMMEND THE
RATES INCREASE BE PRESENTED TO THE CITY COUNCIL FOR THEIR CONSIDERATION ,
Vote results :
Ayes : Members Bu d 1ana11, Jensen, Lunders, VanDer l eest
Nays : Member R~ld
The motion carried and the recommendation will be presen ted to the City Council.
c) Distance Change
Deputy City Clerk Bush said this last thing is a distance cha nge that I would like you to
recommend to City Council so that all liquor licenses have to comply with the five hundred foot
d istance re quirem Ec \ that currently only malt, vi nous or spirituous liquors must comply with.
Th is recommendation wou ld Include having fermented malt beverages and/or malt liquors now
comp ly with the same five hund re d foot distance requirement. I am looking for consistency for all
liquor licenses. The distance re qu irem ent Is for any premises located within five hundred feet of
any public or parochial school or the principal campu s of any college, university or seminary . The
measurem ent of the distance will not ch ange. Tho se who currently have a fe rm ented malt
beverages and/or malt liquors will be grandfathered and this will only effect ne w applications or
t ran sfers .
MEl'1BER JENSEN MOVE -AND MEMB ER REID SECONDED, TO RECOMMEND THAT THE
500' DISTANCE REQU ' il!.MENT BE AP PL IED TO ALL LIQUOR LICENSES BE PRESENTED
TO THE CITY COUNCIi r ·,;r, THEIR CONSIDERATION.
Englewood Liquor Licensin g Aut ho•
December 19, 2007
Page 13 of 14
Vote results:
Ayes : Me mbers Buchanan, Jensen, Lunders, Reid, Va nD er leest
Nays: None
The motion carrie d and the recommendation will be presented 1·0 the City Council.
10. Counsel 's Choice
The Assistant City Attorney did not have any matters to bring before the Authority .
11. Authority Member's Choice
There were no Items brought forward.
12, Adjournment
The meeti ng was adjourned at 8 : 14 p .m.
Oepv ty City Clerk
Eng lewood Liquor Licensing Authority
December 19, 2007
Page 14 of 14
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