HomeMy WebLinkAbout1980 Resolution No. 017• -. •
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• RESOLUTION NO. 17
SERIES OF 1980~
A RESOLUTION DENYING THE APPLICATION OF MU CHA MULLINS FOR
MASSAGB PARLOR LICENSE WITHIN THE CITY OF ENGLEWOOD, COLORADO.
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WHEREAS, Mu Cha Mullins has heretofore made application,
purauant to the provisions of Colorado Massage Parlor Code
12-48.5, for a Health Therapy License to be located at 4370 South
Broadway, Englewood, Colorado1 and
WBBRBAS, notice of said application and notice of public
hearing thereon having been given, and the hearing having been
conducted on the 14th day of April, 1980 before the City Council,
as the local licensing authority1 and
WBBREAS, all procedural requirements of the statute having
been complied with.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, as follows:
That baaed upon the application of Mu Cha Mullins, D/B/A
The Health Spa, and the statements, testimony and exhibits
received at the public hearing, the City Council of the City of
Englewood, as the local licensing authority, pursuant to
Article 48.5, Title 12, CRS '73, as amended, does hereby make
and adopt the following findings and conclusions:
1. That the applicant, Mu Cha Mullins, D/B/A The Health
Spa, i• a tenant of Robert L. Schear, as landlord, for the
premiaes at 4370 South Broadway, Englewood, Colorado, said lease
having been entered into November 30, 1979 for a term of eight
(8) years (see Exhibit~ , Business Lease).
2. That said applicant has not been convicted of a felony
or a crime within any court of the United States or within any
court of record within any state or territory of the United
States.
3. That all legal notices, publications and postings
with reference to public hearing were proper and consistent with
the requirements of Colorado Massage Parlor Code 12-48.5.
4. That the City Council designated an area of one (1)
mile in radius as the •neighborhood• to be considered in either
granting or denying the applicant's request for said Massage
Parlor License.
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5. Mr. Max Scott, President of Oedipus, Inc., 1200 Pearl
Street, Boulder, COlorado, testified that he was employed by the
City to conduct a survey to determine the needs and desires of
the re•ident• of the neighborhood. Re submitted his report con-
taining the .. thod of petitioning and the statistical results of
the survey (City'• Exhibit B) and submitted seven (7) petitions
(City'• Exhibit• Cl through C7). The results of the "Oedipus"
survey revealed that out of the total contacts made, signatures
of 85 (or 24.431) favored issuance and the siqnatures opposing
issuance or refusal• a• per the statute totaled 258 (or 75.57t).
6. The applicant, Mu Cha Mullins, was represented at the
hearing by Mr. David Carey, Attorney at Law, who offered testimony
frcm the applicant'• husband, Mr. Kenneth Mullins. Be testified
that he va• in the military service returning to his post in West
Gezmany within the next several weeks. Mr. Robert L. Schear
of Lakewood, Colorado, testified that he was the owner of the
property in que•tion and had entered into a lease agreement with
the applicant, that said lease agreement was not contingent upon
the applicant receiving a license for a massage parlor. Re further
testified, however, that should the applicant not receive a
Massage Parlor License under the State Act, he would in fact
relieve her of the obligations of the lease. A Ms. Jong Bo Kim
appeared on behalf of the applicant and testified as to the need
for the license in the neighborhood •
7. Mayor Otis requested those who opposed the license to
come forward to offer testimony with reference to the issues, and
Mr. William Porter, 4860 South Lincoln, appeared in opposition
and a•k•d que•tions of Mrs. Mullins regarding her qualifications
to operate a ma•aage parlor.
8. The council finds that there is currently licensed a
health therapy establishment (a massage parlor) pursuant to
Chapter 7, Article IX, of the Englewood City Code, known as the
Korean Ma••a9e located at 4171 South Broadway, Englewood, Colorado,
and within the neighborhood as designated by City Council.
WllBRBPORB, the City Council finds, determines and concludes
from the •tat ... nts of the witnesses, the exhibits and petitions
presented at the hearing that the vast majority of the residents
of the neighborhood neither need nor desire the services of the
Massage Parlor propo•ed by the applicant. Further, the Council
finds that th• Korean Maasage, at the above address, being approxi-
mately twelve hundred (1200) feet north of the proposed application
adequately aerve• the reasonable needs and requirements of the
neighborhood.
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NOW, THEREFORE, BE IT RESOLVED, based upon the record and
evidence contained herein, that the application of Mu Cha Mullins,
D/8/A The Health Spa, for the issuance of a Massage Parlor License
at 4370 South Broadway, Englewood, Colorado, be and hereby is
denied.
ADOPTBD AND APPROVED this 5th day of May, 1980.
~-%:~ ---, Mayor
Attest: -
.~1o1tfy4i.~
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the
Ci ty of Bn9lewood, Colorado, do hereby certify that the above
a nd foregoing ia a true, accurate and complete copy of Resolution
No. 17 , Series of 1980, adopted and approved by City Council
on the 5th day of May, 1980.
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