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HomeMy WebLinkAbout1980 Resolution No. 023- • • • RESOLUTICXI llO. 23 SBRIBS OP 1980~ 7r A JtBSOLUTIOR APPROVING THE APPLICATION OF THE SOUTHLAND CORPORA- TION, d/b/a 7-BLBVBN FOOD STORES 11831-13206, FOR A RETAIL 3.2% BBVBRAGB LICBNSB, OFF PREMISE CONSUMPTION, TO BE LOCATED AT 3900 SOUTH BIOADWAY, ENGLEWOOD, COLORADO. WllBRBAS, The Southland corporation, d/b/a 7-Eleven Food Store• fl831-13206, has heretofore made application pursuant to the proviaiona of Article 47, Title 12, CRS'73, as amended, for a Retail 3.2T Beveraqe License, off premise consumption, to be located at 3900 South Broadway, Englewood, Colorado: and WBBRBAS, notice of said application and notice of public hearinq thereon havinq been qiven, and a hearinq havinq been conducted on the 12th day of May, 1980 before the City Council aa the local licenainq authority1 HOW, TBBRBFORB, BB IT RBSOLVBD BY THE CITY COUNCIL OF TBB CITY OF ISHGLBWOOD, COLORADO: That baaed upon the application of The Southland corpora- tion and the testimony and exhibits received at the public bearin9, the City council of the City of Englewood, as the local licensinq authority, doea hereby make and adopt the following findi119a and concluaiona: 1. That the applicant corporation is duly and properly incorporated under the laws of the State of Texas and is quali- fied tu do buain••• in the State of COlorado under the name and atyle of 7-Bleven Food Stores 11831 -13206. · 2. The applicant corporation owns the real property at 3900 south Broadway, Bnqlewood, COlorado. 3. That the applicant'• officers, directors, and stock- holdera are of qood character and reputation and none has been convicted of a felony within any court of the United States or within any court of record in any state or territory of the united Stat••· 4. That all leqal notices, publications, and postings with rttference to the public hearinq were proper and consistent . with the requir8118Dta of Article 47, Title 12, CRS'73, as amended. 5. That the City council deaiqnated an area of one-half (1/2) Iii.le radiua aa the •neiqhborhood• to be considered in 9rantin9 the applicant'• request for the said Retail 3.2\ Bever- a9e Licen••· ,. • 6. 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 residents of the neighborhood. Be submitted four petitions (City'• Bxhibits Cl through C4) together with a report of the •urvey (City'• Exhibit D). The results of the Oedipus survey revealed that 893 total contact• were attempted and of that figure 329 were not at ho .. but that 564 actual contacts were made within the defined neighborhood. Of the 564 actually contacted, 176 signed the petition stating that the needs and desires of the neighbor- hood were not met1 157 signed the petition in opposition to issuance of a license stating that the needs and desires of the neighborhood were met. Of the 231 remaining contacts, 106 pre-' ferred to r. .. in neutral, 15 would not sign any petition, 43 were not qualified to sign, and the remainder gave other miscellaneous reaaona for not signing the petition, either for or again•t the i••uance of the license. Taking into considera- tion the nee~ and desires criteria, 176, or 52.85%, signed the petition stating that the needs and desires of the neighborhood were not met and 157, or 47.15t, signed the petition against issuance of the license stating that the needs and desires of • the ne!.ghborhood were met. (Exhibit o, page 3) 7. That the applicant submitted Exhibit A, Employee Awareness Form, Bxhibit B, Employee Work Book used in The Southland COrporation's training program, and Exhibit C, petition circulated in the store signed by patrons of the store. 8. Mr. Bob Matthews, attorney for The Southland Corporation, questioned Mr. Blmer Upchurch, 4380 s. Galapago, Manager of the 7-Eleven Pood Store at 3900 South Broadway, as to the formal train- ing program of The Southland Corporation, as to his business back- ground, and as to the fact that many patrons of his store had requeated beer. 9. Mayor otis asked if anyone wished to s p eak in opposi- tion to the application. Three people testified: Mr. Don Stye•, 4320 s. Lipan, who lives outside the defined neighborhood, Mr. Doug Ad ... , 3935 s. Sherman, and Mrs. Betty Joyce, 3910 s. Galapago, all of whom teatified that the needs of the neighbor- hood were ~ e •ently being met. City ~ouncil find• there are no similar outlets to that requeated by applicant corporation; that from the record and hearing the .. ",_.onable needa of the commlm ity for a Retail 3. 2% Beverage Licxa_1ae, off premise consumption, in the defined • neighborhood are not being adequately met. -2- • • • • • NOif, TBBRBPORB, BE IT RESOLVED, based upon the foregoing and the entire record and the evidence contained herein, the application of The Southland Corporation, d/b/a 7-Eleven Food Stores 11831 -13206, for a Retail 3.21 Beverage License for off preaiae consumption to be located at 3900 South Broadway, Englewood, Colorado, should be and is hereby granted. ADOPTBD AND APPROVED this 2nd day of June, 1980. ~;t,7~ ' --r ----xayor Attest: ~~;~~~_J e~cl~yi~X::aurei' I, Gary R. Bigbee, ex officio City Clerk-Treasurer of the City of Englewood, COlorado, hereby certify that the above and foregoing is a true, accurate and complete copy of Resolution No. 23 , Series of 1980 • -3-