HomeMy WebLinkAbout1975 Resolution No. 048•
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RESOLUTION NO. 4a , SERlES OF 1975 .
RESOLUTION DENYING THE APPLICATION OF MBF CORPORATION,
D/B/A AND UNDER THE TRADE NAME OF DEADWOOD DIGGINS, LTD.
FOR A 3.2\ FERMENTED MALT BEVERAGE LIQUOR LICENSE, FOR
CONSUMPTION ON THE PREMISES ONLY, PROPOSED LOCATION AT
3550 SOUTH BROADWAY, ENGLEWOOD, COLORADO.
WHEREAS, the MBF Corporation, a Colorado corporation,
doing business under the name and style of Deadwood Diggins,
Ltd. has heretofore made application pursuant to the provi-
sions of Article 46, Title XII, Colorado Revised Statutes
of 1973, as amended, for the issuance of a retail 3.2%
fermented malt beverage license for the sale and consump-
tion on the premises of the applicant, to be located at
3550 South Broadway, Englewood, Colorado; and
WHEREAS, notice of said application and the public
hearing thereon has been properly given, and the public
· hearing upon said application duly held on the 15th day
of September, 1975 before the City Council of the City
of Englewood and the local licensing authority, and all
of the procedural requirements of the statutes having been
complied with; and
WllEREAS, six councilmen were present and one council-
member absent;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
That, based uponthe application of said MBF Corpora-
tion, d/b/a Deadwood Diggins, Ltd. and the statements of
council, evidence, petitions, remonstrances and informa-
tion adduced at the public hearing upon said application,
the City Council of the City of Englewood does hereby
adopt the following findings and conclusions:
1. That the applicant is the tenant of the premises
known as 3550 South Broadway, holding pursuant to
and agreement and option guaranteeing possession
and a lease for a term of years in the event the
license applied for is granted by the licensing
authority.
2. That Michael 8. Freilinger, Jr. owns one hundred
percent of the stock, and the president of th,e
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3.
MBF Corporation, is of good character and repu-
tat i on anJ has not been convicted of a felony
or a crime within any court in the United States
or within any court .of re c ord within any stat e
or territory of the United States.
That the petitions submitted by the applicant
which had been circulated in the market area,
concentrated in the entire City of Englewood,
as said area, numbered four hundred one signa-
tures; three hundred seventy signatures appear-
ing on said petitions were those of residents
of the City of Englewood at large; twenty-five
signatures on the petitions for the issuance
of said license were of individuals who re-
sided outside the corporate boundaries of the
city; that petitions circulated by those op-
posed to the issuance of said license con-
tained forty -five signatures, forty-three
signers of said petitions residing, owning
businesses in, or tenants, in approximately
a six-hundred-foot radius of the proposed lo-
cation of the applicant.
4. That sixteen witnesses testified or made state-
ments relating to the reasonable requirements
of the neighborhood and the desires of the in-
habitants, the majority of which appeared to
be opposed to the granting of said license.
S. Similar outlets licensed to dispense 3.2\ beer
for consumption on the premises are currently
liccnscJ anJ operating within the Englewood
market area and the neighborhood, as defined
by City Council, and agreed upon by the appli-
cant; said outlets are as follows: 1) The Lean-
ing Tower of Pizza at 90 West Belleview Avenue,
2) Shakey's Pizza Parlor at 3281 South Santa Fe,
and 3) The Sport Bowl at 3290 South Broadway.
6. That the applicant has not shown, nor does the
Council find from the record and hearing herein,
that the reasonable needs of the community are
not being adequately served by the existing out-
lets for the sale of 3.2\ fermented malt beverage
within th e n c ighhorhuoJ unJ market urea, us Jc-
fined.
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NOW, Tll1:1u :i:o1u:, HE IT 1u:so1.v1m TllAT, bas e d upon th e
fo r c >!oin~ anti the." C'ntirc-n·c.·orc.I, and the evidence contained
h e re i n, the appJh.:ation of Mlil: Corporation, d/b/a Deadwood
Diggins, Ltd., for the issuance of a 3.2\ fermented malt
h t'vc-ra.:c Ii l"l"nsc.• for l·onsumpt ion on the premises, proposed
t o be located at 3550 South Broadway, Englewood, Colorado,
s hould be and is hereby denied.
ADOPTED AND APPROVED this 20th day of October, 1975.
A'fa-7~
ATTEST:
Ex Officio City Clerk-Treasurer
I, William D. James, Ex Officio City Clerk-Treasurer of
the Ci ty of Englewood, Colorado, do hereby certify that the
abov e anJ foregoing is a true, accurate and complete copy of
Resolution No. 48 ___ , Series of 1975.
Ex Officio City Clerk~Treasurer
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