HomeMy WebLinkAbout1968 Resolution No. 048I
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RESOLUTION NO. 48, SERIES OF 1968
A RESOLUTION APPROVING APPLICATION OF JOHN L. DAVID FOR
A HOTEL AND RESTAURANT LIQUOR LICENSE TO BE LOCATED AT 1001 WEST
111\MJlOF.N 1\VP.NtJF., P.N\.T,P.WOOO, COT.OR/\00.
WHEREAS John L. Da vid has heretofor applied to the City
Cm am ·il o f lhP C ity of P.nql<"'wnon, <lR t h<"' loc rtl li cc n~=dnq ·a u t hor it y,
pursuant to the provisions of Chapter 75, Article 2, Colorado
Revis e d Statutes, 1963, as amended, for the issuance of a hotel
and r e staurant liquor license, to be located at 1001 West Hampden
Avenue, Englewood, Colorado, and
WHEREAS Counc il has held a public hearing on said appli-
ca t i on and has duly con s idered the same,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO, that there are hereby adopted the
following findings and conclusions, which findings and conclusions
s hall be deemed to be the reasons in writing for the decision of
I hr 1 oc .,1 1 i <""<"n r: i n ci ;mthor i t y h e r ei n c on t a i n e d, as r e qu i r e d by
the provisions of Colorado Revised Statutes, 875-2-42 (3) (1963):
l. •rh e '1 pplic a t ion for said license is in proper form,
i s a ccompanied by appropriate fee, and all procedural requirements
of Chapter 75, Article 2, Colorado Revised Statutes 1963, including,
without limitation, posting of public notice and appropriate public
he a ring , have been complied with.
2. Th e r e has not been a denial of any application for
the s am e loc a ti on wi t hin th e two (2) years next preceding the date
of this application.
3 . Th e a pp lica n t h as e x e cute d a lease which will entitle
him t o the po s s e s s ion o f t h e pre mis e s f or whi c h the applic at ion
h as b e en made, upon approval of his application.
4. Th e sal e o f liquor as contemplated in the application
is no t prohibit e d by the zoning laws of the City of Englewood.
5. The location of the premises at the above address
is n ot with i n 5 0 0 feet of any public or parochial school or the
princi µJ l c._u n µu:i u J ..i n y '-.!O l luyu or un J v ur:ill y or 111m ti n ;a ry.
6 . '3t1s c d upon t h e pr i or i nve s tigati on o f th e En g l e wood
l'u l i,•1• U 1•p.11l111t•lll, .11 1 W1•ll .11 1 lfin l'Vidr•11 c•n 1H'kl11 rnrl ,,I lh n t-im n n f
t h" hf\nri n <J , th" nrp l ic·a nt· po:::rneAsos g ood mor a l c h a r acter a n d is
fulJy qualified , both morall y a nd financially, to conduct th e
lyµc o l u u ~d ll t•:::i I 0 1· wl d t..•h Litt• LllJfJ] .ic..il I 0 11 h :l 1 1 buu n m .:a d eo .
7. Th e a ppJj cation h e r e in is for a "new" lic e n se ,
withi n t h e mea ning o f Color a do Re vi s ed S t atu tes 87 5 -2-3 8 (196 3)
a nd t h e c r iteri a for t h e i s suanc e of the same is governed 'by
the provi sion s o f Colorado Re vised Statutes ~75-2-42 (1963).
8. At the time of the public hearing on the application,
p etition s fa v or ing t h e iss u a nce of said license, b ea ring th e
signatures of some 1,121 residents and employees within the neighbor-
hool, were pre sented. In addition, fifteen persons appeared
at t h e public hearing to urge the issuance thereof. Only one
µcrfjo ri olJ(X)Ul 11 y U 1u df)p U ett lion tm d no oppof1i tj o n peti t ion B or
rnmonn t r~n rrR wrrr nrr Rr n trd .
:ounC'i 1 c:o nc lutfo n, b tHrnd u pon t h o fn c tR Rn cl o v icif'n ce
adduced as a r esul t o f t h e police investigation as well as the other
fact s a nd i n f orma t ion pr e sented at the public hearing that approval
should be given to this application for several reasons, including:
A. The location of this license would be in an
are a which has developed and is rap~dly ; expending
as the commercial hub of the community. The area
is traversed by a six lane highway which is in close
proximity to the location of this license. ~ multi-
acr e shopping center complex, employing hundres of
persons and designed to serve the needs and desires
o f inhabitan t s throughout t h e De nv e r Met ropoli t an
are a is also within close proximity to the location
of this license. Based upon the petitions presented
by the applicant, together with testimony and exhibits
J. ! J; I
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ecoi ve d ~t Lh o public h eari ng , i t ie t h o c o nc lua i on
of ('ounC"jl t ha t t h e requested lice n se is d esi r e d
._a11 d 11 ec·~aJnd u l Liu.: Jul.!dllu 11 :1 LHL u u 1 11 Ll1u n ppJ l c..:nllu11.
u. IL lu unquoutloncd and undi op u tod by tt ny on o t httt
thr ~pp l i C"~nt i R hiqhly qualified , both morally,
l''"f r,nn l1,•11nll )' n11•'l fl11a11 oJ iall _r ltt o!ttll•l11 .J I 111 0
"t ype of business proposed", as required by the
prov ision s o f the 1963 C.R.S. 7 5 -2-42 (2).
BE I'L' 1-'UR'rllER RESOLVED that , based upon the above fi ndings,
conclusion s and rca8ons , said application sho uld be, and is h e r e by,
approved.
BE IT FURTHER RESOLVED that, in accordance with the
provisions of C.R.S. 75-2-42 (4) that no license shall be issued
for the location set forth in the application until the building
in which the business is to be conducted is ready for occupancy,
with such furni t ur e , fixtures and equipment in place as may be
necess ary to comply with the provisions of Chapter 75, Article 2,
C.R.S. 1963, and then only after an inspection of the premises
has been made by the Director of Public Works, or one of his repre-
sentatives, to determine that the applicant has substantially com-
plied with the architect's drawings and plans submitted with the
application, providing, however, that the -Director of Public works,
or his duly authorized representative, is hereby authorized to
approve deviations or modification sin such drawings and plans which
would not, in his opinion, materially change the character of the
building as represented on the drawings and plans submitted by the
applicant.
BE IT FURTHER RESOLVED that, pursuant to the provisions
of 1963 c.R.S. 75-2-42 (3) a copy of this Resolution, which shall
be deemed to be the decision of the local licensing authority,
shal l be sent by the City Clerk by certified mail to the applicant
at the address shown in the application.
Mayor
Attest:
I, Stephen A. Lyon, City Clerk-Treasurer of the City of
Englewood do hereby certify that the above and foregoing is a true,
accurate and complete copy of a resolution passed by the City of
Englewood of the State of Colorado at a regular meeting held on
December 2, 1968.
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