HomeMy WebLinkAbout1979 Resolution No. 016..
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RESOLU TION NO. 16 _ _.;...._ __
SERI ES OF 1979
A RESOLUTION APPROVIN G T HE APP LICAT ION OF KONA COAST, INC., DOING
BUSINESS AS KONA COAST, FOR A HOTEL AND RESTAURANT LICENSE TO BE
:LOCATED AT 42 72 SOUTH BR OADWAY, ENG LEWOOD, COLORADO.
WHEREAS,
heretofore made
Article 47, Title 12 ,
restaurant license t
Colorado; and
WHE REAS, n otj
hearin9 thereon havin
ducted on the 26th day
he loca l licens inq au
oast , Inc., a Colorado corporation, has
· n pursua nt to the provisions of
'73, as ame nded, for a hotel and
ated at 4 27 2 South Broadway, Englewood,
01 said dp plica tion and notice of public
b ee n given , and a hearing having been con-
of Mar c h, 1 979 b e fore the City Council as
hori ty;
NOW, THEREFORE, BE IT RESOL VED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO , as foll ows:
• That based upon the application of Kona Coast, Inc. and
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the testimony and ex h ib its rec eived at the public hearing, the
City Council of the Ci ty of En glewood , as the local licensing
authority, does hereby make and adopt the following findings and
conclusions:
1. That the appli c ant
incorporated under the laws of
ized to do business in the S t a t
sty le of Kona Coas t .
in
2. Th e a
described r eal
lica n t c o r
ro oc r
o rpor ation is duly and properly
he State of Colorado, and author-
o f Co lorado under the name and
at i o n ho lds a lease to the follow-
20 , inclusive, Block 25,
HEIGHTS,
o k n o wn a nd numbered as
o uth Oro adway, County of
3. That
holders are of good
convicted of a felon
within any court o
States .
, Ci ty of Englewood,
lo ra do.
o r f i cers, directors, and stock-
p utation and none has been
ourt of the United States or
ate or territory of the United
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4. That all l ~g a l n ot ice s, public ations, and postings with
reference to the publi c heari n g were proper and consistent with the
requiremen ts of Art i c l e 47, TL tl e 1 2, CRS '73, as amended.
s . Tha t the City Co unci l de signated an area of one (1)
mile in radius as the ~n eighb o rho od" to be considered in granting
the applicant's request for the sa id hotel and restaurant license.
6. Mr. Max
Street, Boulder,
City to conduc t
res i dents of
through A (6),
The res ul
contacts were attempted
that 400 actual con
Of the 400 actuall
stating that the n e
76 signed in opposi
neighborhood were m
of a license . Of th
neut ral, 26 wou ld no
sign, 10 had pre vio u
qave other miscellan
for or against the i
, p re sident of Oedipus, Inc., 1200 Pearl
lfied t hat he was employed by the
<l c l c:>rrnine the needs and desires of the
L Ile s ubmitted six petitions, A(l)
r e p ort of the survey, Exhibit B.
f t he Oedipu s survey revealed that 974 total
nd of t h at figure 574 were not at home, but
were ma de with in the defined neighborhood.
~t e d, 203 , or 72.76% signed the petition
sires of the neighborhood were not met;
a t i ng that t he needs and desires of the
ign ed the petition against the issuance
rem a in ing contacts, 41 preferred to remain
tition, 16 were not qualified to
p etition to deny, the remainder
as o ns f or not signing the petition either
of the license (Exhibit B, page 3).
7. That the appl i c ant submitted Exhibit C(l), a petition
bearing the signature o f 2 1 i ndi v iduals purporting to be owners
and managers of bu si n P s ses wi Lh i n t he neighborhood, as defined,
stating essentially that the n eeds of the neighborhood and the
desires of the inhabi ta nts we r e no t being fulfilled by existing
outlets and were f a vorabl e t o the is suance of the hotel and
restaurant license . Add iti o n al ly , a Mr. Edward Malia of 3423 1/2
South Lincoln was p re s e nt a t the h earing and stated that it was his
personal opinion t h e r e wa s a n ee d for the type of restaurant in the
neighborhood as pro po ~cd by t h e appli c a nt.
8. Those app
Mr. Doug McKinnon, s
being pe tition s
neighborhood wh o
the grounds tha
xisting liq uor
in opposition
restaurant .
posit ion through their attorney,
ne nts' Exhibits A(l) through A(4),
t u r e s of 3 73 residents of the
h e issuance of the license on
ne i g hborhood were being met by
was offered that the signatures
u f o u r-block area of the applicant's
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9.
1 0.
opposj tio n, s
o wn er of Hi
4386 South Br
did not keep
the number o f co ..
Anderson stated th
interests in this
had bee n com
and was paid tor
Bill Ha gar , 5273
he v ol unl
no recor
hose who
TH.E ENTIRE
OP KONl\ CO
LICENSE TO
SHOULD BE AN
DO PTE
Attest :
ex officio
S . Delaware, r eq uested permission
It WdS determi n ed t hat Mr.
_ _ r e a and was neither an
,, liusir1 5 '.:. w ithin t h e n e ig hbo rhood, as
111 he r 1.z0d t o speak agai ns t the issuance
·-unsel for t he applicant a nd felt
i n the City and r e quested the
request for the lic e ns e .
ci rculator on behalf of the
en hired by Mr. Walter Roe, the
h o ldi ng a tavern license at
the pe tition in opposition but
ho favore d the application or
d rnd d e in the n e ighborhood. Mrs.
hi red Mr. Mc Kinnon to represent her
s. And ers on further stated that she
or h er effort s on beha lf of the opposition
e in o pposit ion which she secured. Mr.
n , Li~tleto n , Colorado , testified that
11·1 .,on L·jrc ul a te t h e petitions and kept
·tcJ . those who r e fus ed to sign, or
tion.
n e s im ila r outlet to that
'-'II L Ly holdi ng a h o t e l and restaurant
at 3866 S outh Broadway.
v e y c onducted by Oe dipus,
surve y o f those residents
ntit l e d to gr e ate r weight
g~ i n opposition. Further, the
aring, that the r e ason a ~le
res t aura nt license in the
u a tc l v met by e xisting outlets •
.' IFSOLVED , DASED UPON THE FOREGOING AND
;O NTATNED HE REI N, THE APPLICATION
E OF A HOTEL AND RESTAURANT
SOU'l'lI BROAD WAY , ENGLEWOOD, COLORADO,
day of April, 1979.
,,, v '--t., J ~v -
I, William O .
City of Enqlewood, Sta
is a true, accurat e ,
Series of 197 9 .
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es , ex offic io City Clerk-Treasurer of the
of Col o rado, hereby certify that the above
molctc c opy of Resolution No. 16 ,