HomeMy WebLinkAbout1967 Resolution No. 0202tj
RESOLUTION NO. 20, SERIES OF 1967
RESOLUTION APPROVING APPLICATION OF ANDRI NAGY FOR A HOTEL AND
RESTAURANT LIQUOR LICENSE TO BE LOCATED AT 3370 SOUTH ACOMA STREET,
ENGLEWOOD, COLORADO.
WHEREAS, Anclri Nagy bu heretofore applied to the City Council of the City of
Englewood, aa the local licensing authority, pursuant to the provisions of Chapter 75
Article 2, Colorado Revised Statutes 1963, for the issuance of a hotel and restaurant
liquor Ucense to be located at 3370 South Acoma Street, Englewood, Colorado, and,
WHEREAS, Council has held a public hearing on said application and has duly
conaldered the same,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD that there are hereby adopted the following findings and conclusions,
which findings and conclusions shall be deemed to be the reasons in writing for the decision
of the local licensing authority herein contained, as required by the provisions of 1963
C.R. S. 75-2-42 (3):
1. The application for said license ls in proper form, is accompanied the appro-
priate fee and all procedural requirements of Chapter 75 Article 2 Colorado Revised
Statutes 1963, including, without limitation posting of public notice and appropriate
public hearing, have been complied with.
2. There bu not been a denial of any application for the same location Within
the two (2) years next preceding the date of this application.
3. Tha applicant has executed a lease which will entitle him to the possession of
the premises for which the application has been made, upon approval of his application.
4. The sale of llquor aa contemplated in the application is not prohibited by the
zoning laws of the City of Englewood.
5. The locaUon of the premises at the above address ls not within 500 feet of
any public or parochial school or the principal campus of any college or university or
aemfnary.
6. Baaed upon the prior investigation of the Englewood Police Department, as
well aa the evidence adduced at the time of the hearing, the applicant possesses good moral
character and is fully qualified, both morally and financially, to conduct the type of bus-
iness for which the application has been made.
7. The application herein is for a ''new" license, within the meaning of 1963
C.R.S. 75-2-38 and the criteria for the issuance of the same is governed by the pro-
visions of 1963 C. R. s. 75-2-42., rather than the provisions of 1963 C.R. s. 75-2-9 (2).
8. At the tlme of the public hearing the applicant presented petitions, accompanied
by an affidavit from the circulator thereof, which contained a total of 627 signatures of
per80D8 favoring the issuance of the application. Of these 627 signatures, 414 thereof
were the signatures of persons living in the area, the remaining 213 being signatures
of persona who were employed, but did not reside in the neighborhood. One group of
proteatanta, represented principally by persons presently holding hotel and restaurant
and liquor licenses within or near the area, presented petitions containing 460 signa-
tures, together with an affidavit of the circulator. Another person appearing in oppos-
ition to the issuance of the license presented petitions purportedly bearing the signa-
tures of 427 persona living within a 6 block area of the proposed location. These
petitions, however, did not bear a circulator's affidavit, nor could the person
teatlfy of his own personal knowledge of the validity of each of these signatures, since
he waa not present when all of the signatures were placed on these petitions. Council
bu, nevertheless, given consideration to all of the said petitions, although it has
given less weight to the petitions unaccompanied by an affidavit of a circulator, than
it bu to the other affidavits.
9. Council concludes, based upon the facts and evidence adduced as a result of
the police investigation as well as the other facts and information presented at the public
hearing that npproval should be given to thf s application for several reasons, including:
a. The location of this license would be in the downtown area. Thus,
the "needs or the neighborhood" may be ~onaiderably different thari the
needs of a neighborhood of a location some distance away from the
downtown area. The needs of the neighborhood consist of not only
the needs of the persona residing near this area or of persons
employed in this area, but it also consists of needs of those persons
who come into the neighborhood for shopping purposes.
b. While it ls undisputed that there are several other hotel and restau-
rant liquor outlets within a 6 block area, nevertheless, the testimony of the
applicant in this case that the facility which he plans on utilizing is sub-
stantially different from the types of facWties utilized by the present
outlets stands undisputed. Based upon the petitions presented by the
applicant (even though they may be outnumbered by protestant's petitions),
together with the testimony received at the public hearing, it is the
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lt.E80LU'J'ION NO. 20, SERIES OF 1967
(t!ontlnued)
conclusion of Council that an ouUet of this type ls needed ln the downtown
nefKhf>orhood.
'" II IA ""'l""nllnnNI nml 11n•1IAp11k•I liv nnvnn" fhnf fhP n11111l••1rnf IR hlghlv
quaUftoo, both morlllly, profot1etonally and nwmotally to conduct the
'\ypo of h1u1lno1111 propo1100 ", a11 required hy tnc provl1l.on11 of the 1963
•.It. 8. 7a-2-42 (2).
BE ff 1''UUTIIBR ltE&>LV.ED that, based upon the above findings, conclusions
and r~allOOB, said application should he, and Is herehy, approved.
au-: IT FIJICTlll-:IC IU-:SoLVl·:ll thul, puremunt Lo tho provh1lont1 of HHJ3
c. R. s. 75-2-42 (3) a copy of this Resolution, which shall be deemed to be the decision
al the local Ileen sf ng authority, shall he sent hy the Cf ty Clerk by certified mall to the
appli cant at the address shown In the application.
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I, Slephen A. Lyon, City Clcrk-Trcasuser of the City of Englewood, do hereby certify that
the above and foregoing ls a true , accurate and complete copy of a resolution passed by the
City Council of the City of Englewood at its regular meeting held on Monday, May 15, 1967.
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