HomeMy WebLinkAbout1976 Resolution No. 006•
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Rl ~'iJUJJ'I ~ Ml. fi , SER II~-.; OF 197 6
A RF.SOWl'l~ DENYING 1llE APPLICATI~ OF nm LI<µ>R BARN, LTD., A
COLORADO CORPORATTCW, TO SELL MALT, VTNUS AND SPTRITOOS Llcµ)RS
IN SEALID COO'AlNHRS MJ'I' ·1u BE C~SlfttBJ AT rnE PLACE WHERE SOLD,
TO BE LOCATID AT 4415 scum BRG\JMAY, E~LB«X>D, COLORAOO.
WIF.JlliAS, the Liquor Barn, Ltd., a Colorado corporation, has
hcrc.'toforc ma<lc appl kat ion pursu:mt to the provisions of Title
ll, Article 47, Colorado Revised Statutes of 1973, as Amended,
for the issUW'k:c of a Retail Liquor Store License to sell malt,
vinous aflll spi ri tnus I ic111or.; in st•a ll-d cont a incrs to he constuncd
off the premises, to be located at 4415 South Broadway, Englewood,
Colorado; and
WHEREAS, notice of said application and notice of public hear-
ing thereon have been properly given, and the public hearing upon
s:a itl applh:at ion was properly conJuctcJ on the 5th <lay of January,
1976, before the City Council of the City of Fnglewood, as the local
licensing authority, and all procedural requirements of the statute
having been canplied with;
~. ntERER>RE, BE IT RFS>LVFD BY nm CITY CClJNCIL OF 1HE CITY
OF ~EMXD, COLORADO, AS POLI.CMS:
That, based upon the application of the said Liquor Barn, Ltd.,
and the cviJcm:c anJ infonnation aJduce<l at the public hearing upon
said application, the City Cotmcil of the City of Fnglewood does
hereby adopt the following findings and conclusions:
1. The application corporation stockholders are
the owners of real property and in possession
of the location above described. That all
stockholders, officers and directors of the
corporation are of good character and reputa-
tioo; none has been convicted of a felony or
a crime within any court of the United States
or within any court of record in any state or
territory of the United States.
2. That petitions submitted by the applicant by
ttK>se desiring the issuance of the retail store
liquor license are at least 21 years of age and
residing, or doing business in the neighborhood,
totaled 1,247 signatures.
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3. That, at the hearing several individuals ap-
peared, including the applicants, to testify
:is to the desires of the inhabitants of the
neighborhood, making special emphasis to the
effect that it was difficult to purchase pack-
age liquor in the neighborhood area after ap-
approxillately 9:00 o'clock P.M. because both
existing liquor -licensed Jnag store outlets
nearby close their businesses at about that
time.
4. That two individuals appeared to object to the
issuance of the license. One witness, who is
not a resident, owner or manager of business
in the neighborhood, was pennitted to testify
after cOl.llsel for the applicant was advised
that the pnrt y wn!" not n party in interest
a !'> Jcl 111'-'' hy the :-.latule. A port i on o f said
witness's t es timony w:1s received; the witness
mainta inCll thnt there were al ready too many
lh:enscs for the sale of alcoholic beverages
within the city. Two other witnesses appeared
to oppose the license, both of whan were man-
agers or operators of liquor stores within the
area. Their testimony was, essentially, that
the area was adequately being served by the
existing outlets.
5. That there were no petitions in opposition to
the issuance of said license.
6. That the record revealed that within the neigh-
borhood area there are two liquor-licensed drug
stores: 'The Dnlg Fair' located at 4204 South
Broadway, located approximately one city block
fran the proposed outlet; and the 'Cherrelyn Drug
Store', located at 4285 South Broadway, approxi-
mately two city blocks fran the proposed outlet.
7. Cot.mcil further notes that 'Supreme Liquors' at
5112 South Broadway is a liquor-licensed drug
store and, although not in the inlllediate neigh-
borhood area of the proposed outlet, it is lo-
cated so closely to the southern b0t.mdary of the
neighborhood area petition as to have some bear-
ing on the issues of the 'reasonable requirements'
of the neighborhood.
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IUW, '111ERl :HJRE, ·nm CITY Cllk:ll. OF '111E ClTY OF ENGLL~
ow:1.1n11 :.c.; AN11 1u ~1..;r11.vEc..; A:: 1 =n1.1.nw~::
'11mt the applicant has not shown, nor does the Collllcil find
from the record and the hearing, that the reasonable needs of the
neighborhood are not adequately being served by the existing simi-
lar outlets for the sale of alcoholic beverages by the package.
SE IT FUR'lliER Rf.SOLVFJJ, that the application of the Liquor
Barn, Ltd., for the issuance of a Retail Liquor Store License,
to be located at 4415 South Broadway, Colorado, should be and
is hereby denied.
ADOPTED NI> APPROVED this 2nd day of February, 1976.
ATJ'FSI':
I, William D. James, Ex Officio City Clerk-Treasurer of the City
of Fnglewood, Colorado, do hereby certify that the above and foregoing
is a true, accurate and c~lete copy of Resolution No. 6 . , Series of
1976. ~
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