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HomeMy WebLinkAbout1980 Resolution No. 024. ~ ... • • • 1G RBSOLO'l'IOll 110. 24 SBRIBS OP 1980 __ _ A RBSOLO'l'IOll APPROVING THE APPLICATION OP EL RANCRERITO RESTAURANT, INC., A COLORADO CORPORATIC*, D/B/A/ EL RANCHERITO, FOR A RETAIL 3.2t BBVBRAGB LICENSE, ON PREMISE CONSUMPTION, TO BE LOCATED AT 16 BAST GIRARD AVENUE, ENGLEWOOD, COLORADO. WBBRBAS, El Rancherito Restaurant, Inc., a Colorado co~ration, baa heretofore made application pursuant to the prov!sions of Article 47, Title 12, CRS'73, as amended, for a Retail 3.2t Beverage License to be located at 16 East Girard Avenue, Englewood, Colorado; and WllBRBAS, notice of said application and notice of public hearing thereon having been given, and a hearing havinq been conducted on the 12th day of May, 1980 before the City Council a s the local licensinq authority; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OP ENGLEWOOD, COLORADO: That baaed upon the application of El Rancherito Restaurant, Inc. and the testimony and exhibits received at the public hearinq, the City Council of the City of Englewood, as the local licensing authority, doe• hereby make and adopt the followinq findinqs and concluaionsz 1. That the applicant corporation is duly and properly incorporated wu!er the laws of the State of COlorado and authorized to do bua1ne•• in the State of Colorado under the name and style of Bl Rancherito. 2. The applicant corporation holds a lease to the follow- Jq9 described real property: A part of Lota 23 and 24, Block S, Premier Addition to Englewood, Arapahoe County, Colorado, alao known as 16, 30 and SO East Girard Avenue, Englewood, COlorado. 3. That the applicant's officers, directors and stock- holder• are of good 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 terr! tory of the United States. 4. That all legal notices, publications, and postinqs with reference to th• public bearing were proper and consistent with th• require .. nta of Article 47, Title 12, CRS '73, as amended. r . . , • • • 5. That the City Council desiqnated an area of one (1) mile in radiWI as the •nei9hborhood• to be considered in granting the applj.cant'• requeat for the said Retail 3.21 Beverage License. 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 nei9hborhooc:l. He submitted five petitions (City's Exhibits Cl through CS) together with a report of the survey (Exhibit D). The results of the Oedipus survey revealed that 884 total contact• were atte111>ted and of that f iqure 310 were not at ho .. but that 574 actual contacts were made within the defined neighborhood. Of the 574 actually contacted, 335 signed the petition stating that the needs and desires of the neighborhood were not .. t1 66 .aigned in opposition to issuance of a license stating that the needs and desires of the neighborhood were met. Of the remaining contacts 19 preferred not to siqn but stated the needs and desires of the neighborhood were met; 36 were not qualified to sign1 28 would not sign any petition; 41 preferred to remain neutral1 and the remainder gave other miscellaneous reasons for not signing the petition either for or against the issuance of the license. Taking into consideration the needs and desires criterla, 335, or 79.761, signed the petition stating that the needa and desires of the neighborhood were not met and 66 signed, 19 preferred not to sign (or ·:20.241) the petition stating that the needa and desire• of the neighborhood were met. (Exhibit D, page 3) 7. Richard Dittemore, Attorney for applicant, of continental National Bank Building, Englewood, Colorado, appeared and aubaitted applicant's Exhibit A, the posting of notice of hearing, and Exhibit B, petition circulated by applicant in his preaent place of bWliness containing 208 signatures affirming the desire of cW1t011er• that applicant sell 3.2 beer in applicant's reataurant. Applicant's president, Nicanor Avila, Jr., 13755 OIDega Cixcle, Littleton, co, then gave testimony regarding his peracnal and buaine•• background and the reasons why he was applying for a 3.2 beer license for on premise consumption. 8. No one responded to the Mayor's question if anyone preaent w.snted to speak against the application. City Council finda that there are three similar outlets to that requeated by the applicant currently holding a Retail 3.2% several Licenae, to wit: Mr. Gatti'c 225 E. Jefferson, Shakey's 3281 s. Santa Fe, and Sport Bowl 3295 s. Broadway. Further, Council find• and determines from the record and hearing that the reaaonable need• of the neighborhood for a Retail 3.21 Beverage Licen•• are not bein9 met. -2- • • • • .. • HOlf, 'l'BBRBPORB, BB I'l' RESOLVED, based upon the foreqoing and the entire record and evidence contained herein, the applica- tion of Bl Rancberito Reataurant, Inc. for the issuance of a Retail 3.21 Beverage Licenae to be located at 16 East Girard, Englewood, Colorado, ahould be and is hereby granted. ADOP'l'BD AND APPROVED this 2nd day of June, 1980. Atteat: <"' ~ctf}tt~ie~ I, Gary R. Bigbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing ia a true, accurate and complete copy of Resolution Ho. ~ , Series of 1980 • -3-