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HomeMy WebLinkAbout1980 Resolution No. 029~ • • • RESOLUTION NO. 29 SERIES OP 1980~ A RESOLUTION APPROVING THE APPLICATION OF ROUND THE CORNER RESTAURANT, INC., D/B/A ROUND THE CORNER RESTAURANT, FOR A HOTEL/ RESTAURANT LIQUOR LICENSE TO BE LOCATED AT 701 WEST HAMPDEN AVE., SHAMROCK MALL, LOWER LEVEL, CINDERELLA CITY SHOPPING CENTER, ENGLEWOOD, COLORADO. WHEREAS, Round the Corner Restaurant, Inc., a Colorado corporation, d/b/a Round the Corner Restaurant, has heretofore made application pursuant to the provisions of Article 47, Title 12, C.R.S.'73, as amended, for a Hotel/Restaurant Liquor License to be located at 701 West Hampden Ave., Shamrock Mall Lower Level, Ci nderella City Shopping Center, Englewood, Colorado: and WHEREAS, notice of said application and notice of public hearing thereon having been given, and a hearing having been conducted on the 9th day of June, 1980 before the City Council, as the local licensing authority: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OP ENGLEWOOD, COLORADO: That based upon the application of Round the Corner Restaurant, Inc. and the testimony and exhibits received at the public hearing, the City Council of the City of Englewood, as the local licensing authority, does hereby make and adopt the following findings and conclusions: 1. That the applicant corporation is duly and properly licensed under the laws of the State of Colorado and authorized to do business in the State of Colorado under the name and style of Round the Corner Restaurant. 2. The applicant corporation holds a lease to the following described real property: Store Unit No. H-77-I, containing approximately 3,506 square feet, in Building H, in complex of buildings known as Cinderella City Shopping Center, 701 West Hampden Ave., Englewood, Colorado. 3. That the applicant's officers, directors and stockholders 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 territory of the United States. 4. That all legal notices, publications, and postings with reference to the public hearing were proper and consistent with the requirements of Article 47, Title 12, C.R.S.'73, as amended. .. # • • • 5. That the City Council desiqnated an area of one (1) mile in radius as the •neiqhborhood• to be considered in granting or denyinq the applicant's request for said Hotel/Restaurant Liquor 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 neiqhborhood. Re submitted six (6) petitions (City's Exhibits Dl throuqh D6) toqether with a report of the survey (Exhibit C). The results of the Oedipus survey revealed that 1069 total contacts were attempted and of that f iqure 420 were not at home but that 649 actual contacts were made within the defined neighborhood. Of the 649 actually contacted, 264 signed the petition stating that the needs and desires of the neighborhood were not met: 93 siqned in opposition to the issuance of a license statinq that the needs and desire• of the neiqhborhood were met. Of the remain- inq contacts, 5 preferred not to siqn but stated the needs and desires of the neiqhborhood were met: SO were not qualified to siqn: 58 would not aiqn any petition: 89 preferred to remain neutral: and the remainder qave other miscellaneous reasons for not signing the petition either for or aqainst the issuance of the license. Takinq into consideration the needs and desires criteria, 264, or 72.931, aiqned the petition stating that the needs and desires of the neiqhborhood were not met, and 98, or 27.07% signed the petition statinq that the needs and desires of the neiqhborhood were mat or preferred not to siqn, stating the needs and desires of the neiqhborhood were met. (Exhibit C, paqe 3). 7. Kim Peterson of Holm ' Dill, attorney for applicant appeared on behalf of applicant. Ed Massey, 4749 Olde Post Ct., Boulder, president of applicant corporation, appeared and sub- mitted the following exhibits: Exhibit A -List of Local Liquor Outleta1 Exhibit D(l) throuqh D(7) -Photoqraphs of proposed outlet: Applicant'• Exhibit 8(1) and (2) -Menus showinq food and beveraqes served from an existinq outlet with liquor license and food and beveraqea served from an existinq outlet without a liquor license currently being used at the Cinderella City restaurant. Mr. Massey stated the reataurant will serve beer and wine only and that no citation• or complaints have ever been issued to any of the Round the Corner Restaurants. Greg Hawkins, 4448 Green Briar, Boulder, vice president of the restaurant chain, qave business and personal background. Applicant's Exhibit E(l) throuqh (5), Affidavits and letters of support for the iaauance of the license, were presented during Mr. Hawkin•' teatimony. Mr. Hawkins identified Applicant's Exhibit A. -2- ···' • • •• Mark Hunter, Brian Burke, Dan Wilzod appeared and gave testimony concernin9 petitions they circulated, Applicant's Exhibit• C(l) throu9h (9). All three are employees of the restaurant chain. John Ray, R.R.2, Sedalia, gave testimony in support of the outlet, and Barbara Aton, 4811 s. Kalamath, Englewood, gave teat1->ny in support of the outlet. 8. Those apeakin9 against the application were Isabelle Kni9ht, 3021 S. Lincoln, En9lewood, and Don Mowery, 3001 s. Pearl, En9lewood, both atatin9 they felt there were enouqh liquor outlets in the City already. City Council finds there are eight (8) similar outlets to that requested by the applicant currently holding a Hotel/ Restaurant Liquor License, to wits Lord Byron's, 1011 w. Hampden; The South, 3535 s. Huron1 Zimmerman's, 2796 s. Broadway1 Le Rendezvous, 701 w. Hampden, Cinder Alley; Eddie's Off Broadway, 3370 S. Acoma; Hampden West, 3517 s. Elati; Paul's, 3542 s. Fox; and Arap's Old Gun Shop, 3866 s. Broadway • Council further finds and determines from the record and hearin9 that the reasonable needs of the neighborhood for a Hotel/ Restaurant Liquor License are not being met. NOW, THEREFORE, BE IT RESOLVED, based upon the foreqoinq and the entire record and evidence contained herein, the application of Round the Corner Restaurant, Inc., d/b/a Round the Corner Restaurant, for the issuance of a Hotel/Restaurant Liquor License to be located at 701 w. Hampden Ave., Shamrock Mall Lower Level, Cinderella City Shoppin9 Center, En9lewood, Colorado, should be and hereby is 9ranted. ADOPTED AND APPROVED this 7th day of July, 1980. ~~ Mayer Attests /?o;iJct.7tefc12~ -3- .,, • • • I, Gary R. Higbee, ex officio City Clerk•Treasurer of the Ci ty of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate and complete copy of Resolution No. !! . , Deriea of 1980. ' ~~ • ee -4-