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HomeMy WebLinkAbout1980 Resolution No. 030.. • • • • ' RESOLUTION NO. 30 SERIES 1980 ~ 1':) A RESOLUTION DENYING THE APPLICATION OF THE SOUTHLAND CORPORATI9N D/B/A 7-BLEVEN FOOD STORE NO. 1831-13212 FOR A FERMENTED MALT BEVERAGE LICENSE (3.2t BEER), OFF PREMISES CONSUMPTION, TO BE LOCATED AT 3501 S. LOGAN STREET, ENGLEWOOD, COLORADO. WHEREAS, The Southland Corporation d/b/a 7-Eleven Food Store No. 1831-13212 has heretofore made application pursuant to the provisions of Article 47, Title 12, C.R.S. '73, aa amended, for a Retail 3.2t Beveraqe License to be located at 3501 s. Loqan Street, Enqlewood, Colorado1 and WRBRBAS, notice of said application and notice of public hearinq thereon havinq been qi ven, and a hearinq having been conducted on the 12th day of May and 9th day of June, 1980, be.fore the City Council as the local licensing authority: NOW, TRBRBPORB, BB IT RBSOLVED BY THE CITY COUNCIL OF THE CITY OP ENGLEWOOD, COLORADO: That based upon the application of The Southland Corpora- tion, and the teatimomy and exhibits received at the public hearinq, the City Council of the City of Englewood, as the local licenainq authority, doe• hereby make and adopt the followinq finding• and concluaion•1 1. That the applicant (corporation) is duly and properly licen .. d under th• law• of the State of Texas and authorized to do buain••• in the State of Colorado under the name and style of 7-Eleven Food Store 11831-13212. 2. The applicant (corporation) holds a lease on the followin9 deacribed real property: Lot• 47, 49 and 50 and the North 6 ft. of Lot 47, Block 4, Birch's Addition to South Broadway Heights, Second Filing • Al•o known and numbered as 3501 s. Loqan Street, Englewood, Arapahoe County, State of Colorado. · . . • • • "' 3. That th• applicant'• 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 territory of the United State•. 4. That all legal notices, publications, and postings with reference to the public hearing were proper and consistent with the requirement• of Article 47, Title 12, C.R.S. '73, as amended. 5. That the City Council desiqnated an area of one-half (1/2) mile in radius as the •neighborhood" to be considered in granting or denying the applicant's request for said 3.2% Beverage License, off premise conaumption. 6. At the hearing before the City Council on May 12th, 1980, Mr. Peter Reynold• testified on behalf of Oedipus, Inc., a firm employed by the City to conduct a survey of the designated neighborhood to determine the reaaonable needs and desires of the inhabitants of thi• said neiqhborhood. (See City's Exhibit "B") 7. The Oedipus aurvey consisting of four petitions (Exhibits •c-1• through •c-4•) conducted on Sunday, April 20th, 1980, devleoped the following information: that 962 contacts of resi- dences and busine•••• were attempted in the defined neighborhood. Of that figure 26 or 2.71 were not qualified to sign any petition. 493 or 51.251 of the total attempted contacts, 443 or 46.05% were actually contacted and of that number, 214 signed favoring issues of the licenae and 80 siqned to deny issuance. (See City Exhibit "D"). Taking into consideration the needs and desires criteria, 70.851 aiqned the petition stating that the needs and desires of the neighborhood were not .. t, and 88 or 29.14% stated that the need• and deaires of the neighborhood were in fact met • • • • 8. Since th• aurvey revealed that over half of the inhabitants of the nei9hborhood attempted to be contacted were not at home on Sunday, April, 20th, the overall accuracy of the aurvey waa queationed and a new survey was ordered on a day other than Sunday. Such aurvey mi9ht more accurately reflect the reaaonable needa and deaires of the inhabitants of the nei9hborhood. On Saturday, May 17th, 1980 a new survey was in fact conducted by O.dipua, Inc., of Boulder, Colorado consisting of aix petition• (City Exhibit •E-1• through "E-6" and the report accompanyin9 the petition• marked City Exhibits "F"). The new survey of the nei9hborhood revealed that 1,355 total contacts were attempted, and of that fi9ure 606 were not at home, but that 691 actual contact• were made within the defined neighbor- hood. Of the 691 actually contacted, 214 or 58.151 signed the petition atatin9 that the need• and desires of the neighborhood • were not met, and 154 or 41.85t signed the petitions against the iaauance of the licenae statin9 the needs and the desires of the neighborhood were .. t. (Exhibit •p• p. 3) 9. Mr. Bob Matheva, attorney for The Southland Corpora- tion called aeveral witneaaea whose testimony related to the buaine•• back9round and 9eneral information of The Southland corporation and it• employee•. Applicant submitted Exhibit "A", Employee Awareneaa Por11, aa well aa the Applicant's Exhibit "B", Employee Workbook, and developed testimony relating to the train- ing of the 7-Eleven peraonnel and the method of handling the sale and diatribution of alcoholic beverages. Ms. Barbara Winslow was called upon behalf of the applicant and testified concerning the formal trainin9 ahe had received from The Southland Corpora- tion. She stated that she had received requests for beer from the patron• of the store • .. ' • • • 10. Several individual• appeared in person opposing the issuance of the licenae1 Don Mowery, 3001 s. Pearl: Frank Gentile, 3945 s. Sherman1 Iaabella Knight, 3021 s. Lincoln: Diane Beaver, 713 E. Amherat. Objection• were made on the basis that there were adequate licen .. • in the area to serve the reasonable needs and deairea ot the inhabitant• of the neighborhood as well as an objection raiaed that the propoaed outlet would be too close to the Englewood High Shcool and atudents have to walk past the outlet daily. Mrs. Beaver offered protestants Exhibit "A" bearing 127 siqnature• in oppoaition. Attorney for the applicant objected to the submission of any of the prote•t• entered by the parties appearing as they were not inhabitant• of the neighborhood nor that the fact that the school waa in the clo•• proximity of the proposed outlet was a valid objection or reaaon to deny the issuance of the license • 11. City'• Exhibit •B• diacloses that there are two identical outlet• in the neighborhood as desiqnated by Council, • i.e., Safeway Store at 125 E. eampaen Avenue, and Bob's Grocery at 3296 s. Wa•hington Street. (City's Exhibit "B") 12. The evidence preaented at a companion public hearing on the same date a• the hearing on the within license, May 12th, 1980 involved the application by the same applicant, The Southland Corporation for an identical license at 3900 s. Broadway. City Council after hearing, granted the application of The Southland Corporation for a 3.21 beer license for off premises consump- tion on June 2, 1980. City Council takes note that in the petitioning for the application for the 3.2t license for The Southland Corporation at 3900 s. Broadway a designated neighbor- hood of 1/2 llile in radiu• aubatantially overlaps the neighbor- hood establiahed for the application for The Southland Corpora- tion at 3501 s. Logan. City Council finds that the applicant in the preaent caae, The Southland Corporation d/b/a 7-Eleven Food Store• i• currently a holder of a 3.2t beer license for off prelliaea conaumption at 3900 s. Broadway and within the 1/2 mile radiu• of the 3501 s. Logan location now under considera- .. ' . -., • • • tion. 13. City Council further finds that the protest by those individual• personally appearing before City Council were non- re•ident• of the neighborhood and their protests have not been considered. City Council take• not:t however, that althouqh a propo•ed outlet .. y be within the vicinity of the public or private •chool, that •uch fact atandinq alone is not sufficient to deny i••uance of a 3.2t beer license. The question of potential violation• of the law i.e.: sale to minors, is a matter relating to enforce .. nt. 14. City Council find• that althouqh there is a sliqht percentage majority aa indicated by the survey that the inhabi- tant• of the area favor the i••uance of the license, Council finds that the accuracy of the •urvey is somewhat clouded. First, by the exceptional nUllbers of not at home on the first survey taken on Sunday, April 20th, 1980 and the confusion of the two surveys in the overlapping neighborhood for the licenses at 3900 s. Broadway and 3501 S. Logan. City Council further finds that the neighborhood, a• defined a 1/2 mile radius, for 3501 S. Loqan Street, i• adequately served by identical outlets at the addresses above for the sale of 3.2t beer off premises. NOW, TllBREPORI!, BE IT RBSOLVED, based upon the foreqoinq and the entire record and the evidence contained herein, the application of The Southland Corporation, d/b/a 7-Eleven Food Store for a retail 3.2, fermented malt beveraqe license, off premises consumption, to be located at 3501 s. Logan ·, Enqlewood, should be and is hereby denied. ADOPTED AND APPROVED this 7th day of July, 1980 ' . • • • • • .. Attests .t~1~(c~~rer I, Gary R. Higbee, 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. !Q , Serie• 1980 • kXJ~~