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HomeMy WebLinkAbout2004-10-06 LLA MINUTESENGLEWOOD LIQUOR LICENSING AUTHORITY Regular Meeting October 6, 2004 1. Call to Order and Roll Call The regular meeting of the Englewood Liquor Licensing Authority was called to order at 7 :10 p.m. by Chairman Lunders in the City Council Chambers. Roll Call Present: Brick , Barrentine , Fout , Williams , Lunders Absent: None A quorum was present. 2. Consideration of Minutes: MEMBER WILLIAMS MOVED, AND MEMBER BRICK SECONDED, TO APPROVE: a) Telephone Poll of September 15 , 2004 b) Regular Meeting of April 7 , 2004 c) Regular Meeting of June 2, 2004 d) Regular Meeting of July 7 , 2004 e) Regular Meeting of August 4, 2004 Vote results: Ayes: Members Brick, Barrentine, Fout , Williams, Lunders Nays: None The motion carried. 3. Application for Transfer of Ownership and Temporary Permit Pending Transfer a) The Authority received an appl ication for a Transfer of Ownership and Temporary Pe rm it Pending Transfer from Ae Sook Kim dba Old Town Liquors (formerly Old Town Liquors , Inc . dba Ol d Town Liquors), 1215 E. Hampden Ave. MEMBER WILLIAMS MOVED , AND MEMBER BRICK SECONDED, TO APPROVE A TRANSFER OF OWNERSHIP AND TEMPORARY PERMIT PENDING TRANSFER FOR AE SOOK KIM OBA OLD TOWN LIQUORS(FORMERLY OLD TOWN LIQUORS , INC. OBA OLD TOWN LIQUORS), 1215 EAST HAMPDEN AVENUE. Ayes : Members Brick , Barrentine , Fout , Williams , Lunders Nays: None The motion carried. 4. Application for Change of Corporate Structure a) The Authority received an application for a Change of Corporate Structure from JARA Corp . dba Broadway Grill , 3484 S. Broadway. Englewood Liquor Licensing Authority October 6 , 2004 Page 2 MEMBER WILLIAMS MOVED, AND MEMBER BRICK SECONDED, TO APPROVE THE APPLICATION FOR CHANGE OF CORPORATE STRUCTURE FOR JARA CORP. OBA BROADWAY GRILL , 3484 S. BROADWAY. Ayes : Members Brick , Barrentine , Fout , Williams , Lunders Nays : None The motion carr ied . 5. Public Hearing a) MEMBER BRICK MOVED, AND MEMBER WILLIAMS SECONDED, TO OPEN A PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A NEW RETAIL LIQUOR STORE LICENSE FOR JG ENTERPRISES, LLC OBA OFF BROADWAY WINE & SPIRITS, 51 ENGLEWOOD PARKWAY. Ayes : Members Brick , Barrentine , Fout , Williams , Lunders Nays: None Th e motion carr ied and the public hearing opene d at 7:15 p.m . Roll was called . Present were Members Brick , Barrentine , Fout , W illiams and Lund ers . Chairman Lunders said all persons g iving any tes t imony will be sworn in by the Secretary. Chairman Lunders asked Deputy City Clerk White to introduce the City Exhibits. Deputy City Cle rk White introduced the following City exhibits: City Exhibit A The Application and related documents . City Exhibit B A letter from Loucrishia A . Ellis , City Clerk of the City of Englewood , dated September 28 , 2004 , to Mr. R. E. Mishkin, Attorney at Law, Mr. J. L. Gennaro, Mr. J. S. Gronowski and Mr. T. R. Wald advis ing of the status of the application and giving notice of the public hearing . City Exhibit C A publisher's affidavit verifying that the Notice of Public Hear ing was publish ed in the Engle woo d Herald on August 20 , 2004 . City Exhibit D A Memorandum dated August 2 , 2004 , from Anthony Fruchtl , Planner for the Englewood Offic e of Community Development , verifying comp liance with zoning and distance requirements . City Exhibit E Proof of Posting Affidavit. City Exh ibit F A map of the designated neighborhood indicating : a . Neighborhood boundaries at Yale Avenue on the north , Highway 285 on th e south , San ta Fe Drive on the west , and Clarkson Street on the east. b. The location of Off Broadway Wine & Spirits , highl ighted in blue , at 51 Englewood Parkway. c . Three other Retail Liquor Store Licenses , highlighted in yellow , are currently located within the neighborhood boundaries. Englewood Liquor Licensing Authority October 6, 2004 Page 3 Deputy City C lerk White also advised of the follow ing : Petit ions circulated by Oedipus , Inc., representing the applicant , were received by the City Clerk for publ ic inspection on Thursday , September 30 , 2004 and were pre-marked as follows : A Summary of the circulated petit ions was marked as Applicant's Exhibit 1 Three separate Petitions marked as Applicant's Exhibits 1 a, 1 b, and 1 c No written communication in opposition to the issuance of this license has been rec e ived by the City Clerk 's office . Speaking on behalf of the applicant , Off Broadway Wine & Spirits , was Mr. Richard Mishkin , Attorney Registration No . 3805 , 370 1 yth Street , 481h Floor , Denver , CO 80202. Mr . Mishkin was duly sworn in. Mr. Mishkin said my opening statement will be very short. Thanks to m adam secretary who is extraordinar ily efficient and who has presented the file to you in great detail establish ing a right of possession , the boundaries of the ne ighborhood , evidence of publ ication , evidence of posting , evidenc e of zoning compliance , evidence of compliance with the State Liquor Code concerning the minimum distance from any school , there is very little to do other than to present some w itnesses . Mr . Mishkin called Ms . Tina Scott as a witness. Ms . Scott was sworn in . In response to questions from Mr. Mishkin , Ms Scott said she was responsible for the day to day operation of Oedipus, Inc ., managing the office , setting up the survey crews and occasiona lly doing th e surveys. Ms. Scott said Oedipus conducts door-to-door surveys of residential neighborhoods as well as businesses , in conjunction with the licensing of 3.2 beer , H&R , beer and wine , reta il liquor stores and a ll types of liquor license applications . Ms . Scott said, in connection with the pending application of JG Enterprises , we were hired to conduct th e surveys of the residents of the neighborhood. Ms. Scott said Oedipus generally prepares a petit ion format that allows individuals to sign in favor or opposing . We have a clipboard with a map, a stat sheet for recording individuals who are contacted but prefer , perhaps , not to favor or oppose . We also have a briefing sheet with the information. We have a map that shows the location of the outlet and our crew is briefed with all this information and any other pertinent information that we have . Mr. Mishkin handed out Applicant 's Exhibit #1. Ms . Scott said this is an original report , as well as the petition packets , which are two packets of res idential petitions and one packet of petitions c irculated among business owners and managers in the neighborhood . Ms. Scott noted that on page 3 , there is a category where individuals can object for any reason whatsoever. There were 301 individuals favoring the issuance of the license for 84 %, 292 where residents , 9 were individuals who did not sign, but indicated a verbal indication that they favored the issuance . 11 .21 % oppose the issuance .. .40 individuals. There were 5 opponents of alcohol for 1.40 % and 1 commercial objection. There were 5 m iscellaneous and 5 individuals who declined to give us a reason in opposition . So there were 357 valid participation individuals , she said , and that is a very reasonably high survey result indicating issuance of the license . Englewood Liquor Licensing Authority October 6, 2004 Page 4 Mr . Mishk in said just to summarize what I heard ... slightly over 80 % of those contacted were in favor of the issuance and obviously slightly under 20 % were opposed . Ms . Scott said that is correct. Ms . Scott said we had a total base figure of 840 individuals that we actually contacted. 362 were individuals and business owners that were not available ... not at home at the time . We had 15 individuals not qualified to sign, which may have been non-residents or underage participants. We had 5 individuals who dec lined to participate for one reason or another , and that includes also individuals who we may speak to , but they may be neutral for some reason and just don 't want to participate. We had 357 parties in interest that did participate and one delet ion . In response to Mr. Mishkin , Ms . Scott said we typ ically contact between 200-250 individuals . So , Mr . Mishkin said, this was a more thorough survey . Ms . Scott said yes . Mr . Mishkin said do you have a view on whether or not the results of this survey are typ ical or slightly different? Ms . Scott said they are slightly different in the sense that they are higher than normal. We generally experience results lower than this, but this did seem to indicate a need for the license . Mr . Mishkin said just for clarif ication , are you saying that the people that are opposed here are lower than normal or the people in favor are higher than normal or vice versa? Ms. Scott said the people in favor are higher. Mr . Mishkin thanked Ms . Scott. Chairman Lunders questioned Ms . Scott about the numbers she had quoted and she verified the information. Mr . Mishkin said just so we are all on the same page , I want to verify what I hear, which is that we are using the number 292 in favor based on needs and desires and 40 opposed based on needs and des ires. Mr. Mishkin said I would like to call Diana Yaklich as the next witness . At this time she was duly sworn in . My name is Diana Yaklich , 7474 South Alkire Street , Littleton , CO 80127 . I am the store manager at King Soopers , 101 Englewood Parkway, known as the Trolley Square King Soopers . I have been the manag er 9 Y2 months. Mr. Mishkin said so you were in that position in that store when there was a retail liquor store in another location before the remodeling of the Trolley Square Shopp ing Center? Ms . Yaklich , said that is correct. Mr. Mishkin said do you have any reason to believe that that store was in business a month ago? She said no , it was not. Mr. Mishkin said so when do you think it closed? She said it closed in March of 2004 . Mr. Mishkin said since March of 2004 have you , from time to time, had occasion to talk to customers at the King Soopers concerning, if you will , the convenience or lack of convenience shopping in Trolley Square and the fact that there is no liquor store? Ms. Yaklich said yes I have. My custome rs would like a liquor store. Mr. Mishkin said rather than talk just about your customers, let's talk specifically about how many customers shop at that King Soopers on a weekly basis . Ms. Yaklich said on a weekly basis I see between 22,000 to 25 ,000 people a week. He said did you know if those are , if you will , 22 ,000 to 25 ,000 different people or are we just talking about 22 ,000-25 ,000 purchases? Ms. Yaklich said they could be different people , they could be purchases , that is just what my customer count is. Mr. Mishkin said so there are 22 ,000 to 25 ,000 people that go through that store that make purchases in a week, but some of them come in once a day, twice a day, etc. Ms . Yaklich said exactly. Mr. Mishkin said I just don 't want to overstate that your customers want this store, I want to try to get more specific , but certainly that is a lot of traffic . Englewood Liquor Licensing Authority October 6, 2004 Page 5 Mr . Mishkin said can you tell us what kind of comments you get from your customers other than they want to see this work . Ms. Yaklich said the comments that I get are when is it going to open, when is go ing to come back, we would like to see it come back and I keep telling them that we are working on it. Mr. Mishkin said can you give us a pretty reasonable estimate of how many people a week come to you and give you that kind of comment. Ms. Yaklich said well when we first opened it was a daily activity , I would answer that about 50 times a day. Now that they know it is in the works and that it has come to the City, I get asked that probably 5 times a day and probably on the weekends I get asked that more due to the traffic , as they like the liquor store there . Mr. Mishkin said if people aren 't coming to you and talking to you about their view about whether or not there should be another liquor store in Trolley Square, is there somebody else in your store that they might contact on a fairly regular basis . Ms . Yaklich said yes, they talk to my staff. .. my checkers , my head clerks, anybody they meet. .. we have a pretty friendly King Soopers so they talk to my staff. Mr. Mishkin said so you are just talking about the number of people talking to you personally? She said exactly . Mr . Mishkin said okay, I appreciate that. Mr. Mishkin said do you on occasion consume alcoholic beverages? Ms. Yaklich said on occasion . He said and on occasion do you purchase alcoholic beverages within what has been designated as the neighborhood? Ms. Yaklich said yes , I do . Mr . Mishkin said since the Trolley Square Liquor Store has been closed , where have you been purchasing alcoholic beverages? Ms . L. said if I do it in the neighborhood, I go to the one in the Safeway parking lot. Mr. Mishkin said okay , is that convenient for you? She said absolutely not. Mr. Mishkin said why not? Ms. Yaklich said I live in the other direction. Mr. Mishkin said okay , so it would be more convenient for you personally to have a liquor store in Trolley Square . Ms . Yaklich said yes , it would . Mr. Mishkin said is it your testimony that you think there is a need for an additional retail liquor store in the neighborhood? Ms . Yaklich said yes , I think there is a need for one. Mr. Mishkin said is it your testimony that it is your desire that this license be granted? Ms. Yaklich said yes , it is my desire to have this license granted. Chairman Lunders asked if the Authority had any questions. He thanked Ms. Yaklich . Mr. Mishkin said I would like to call Barbara Osness as a witness. At this time she was duly sworn in. My name is Barbara Osness, 65 Tejon Street , Denver, CO 80223 which is the King Soopers corporate office . I am the property manager for King Soopers and City Market. I have 142 stores. Mr. Mishkin said 142 shopping centers? She said some are shopping centers and some are stand-alones , but I am responsible for a good portion of those stores . Mr. Mishkin said how long have you been with King Soopers : Ms. Osness said 29 % years. He said also in addition to being the property manager , do you manager the Trolley Square Shopping Center? She said yes, I do. Mr. Mishkin said are there 142 King Soopers or King Soopers and City Markets? She said and City Market , total. Mr. Mishkin said out of that 142, are there any of those locations that don't have a liquor license associated with ... not necessarily King Soopers ... but all locations? Ms. Osness said there are a few stores that are either a stand-alone ... like our store on 131 h and Speer ... there is no liquor store there . So we do have some stand-alone facilities where we don 't have a liquor store associated with the King Soopers and there are very, very few that do not have a liquor store in the parking lot with them. Mr . Mishkin said would you explain to the Authority how that fits with the King Soopers philosophy to address the needs of its customers. Englewood Liquor Licensing Authority October 6, 2004 Page 6 Ms. Osness said as you are probably aware, King Soopers strives to meet the requests and desires of its customers. We try to offer one-stop shopping . We try to do things for our customers and we just feel that a liquor store is a very good compliment for our customers shopping for groceries and then they can go next door and get wine or whatever . It is a very good compliment for each other. Mr. Mishkin said so it is your testimony that King Soopers will work with the business philosophy plan that when it develops a shopping center it would like to see a retail liquor store in that center . Ms. Osness said yes . Mr. Mishkin said you do on occasion consume alcoholic beverages? Ms . Osness said yes. He said and you do on occasion purchase alcoholic beverages from any retail liquor store in the neighborhood? Ms. Osness said yes. He said and where do you typ ically make your purchase? Ms. Osness said I have family that lives really close to here , and if I am in the neighborhood, and within the last six months I have shopped at the liquor store by the Safeway. Mr. Mishkin said do you think there is a need for another retail package liquor store in this area. She said yes I do . He said is it your desire that this application be granted? She said yes , it is . Mr. Mishkin said I am trying to figure out how long Trolley Square Liquors was in Trolley Square Shopping Center. I don't know if you have any sense about how long it was there. Ms . Osness said I don 't know the exact timeframe. I know the last lease we had with the previous tenant , I believe it was signed in 1993. Mr. Mishkin said so at least since 1993 and through the closing in March 2004 , there was a retail package liquor store in the Trolley Square Shopping Center? Ms. Osness said yes. Mr. Mishkin said at this time I have no further questions. Chairman Lunders said does anyone on the Authority have any questions for this witness? There were none. He said thank you. Mr. Mishkin said I would like to call Joe Gennaro at this time. He was duly sworn in . Joe Gennaro said my address is 9668 Kemper Drive , Lonetree, Colorado 80124 . Mr . Mishkin said what is your connection with this pending application? Mr. Gennaro said I am a 50 % partner in JG Enterprises. Mr. Mishkin said JG Enterprises is a limited liability company? Mr. Gennaro said yes , it is. Mr. Mishkin said and you are one of the member managers of that company? Mr. Gennaro said correct. Mr . Mishkin said have you ever had an ownership interest in a retail package liquor store before this application was filed? Mr. Gennaro said yes I did. I had a 33% interest in a store in Aurora for six years starting in 1991 through 1997 . Mr . Mishkin said do you have any continuing ownership in that store? Mr. Gennaro said no, I don't. Mr. Mishkin said during the time you had an ownership interest in that license, did that store have any problems with either the local or state liquor license authority? Mr . Gennaro replied no , we did not. Mr. Mishkin said you were never cited for any violations? Mr. Gennaro said no. Mr. Mishkin said did you work there on a fairly regular basis? Mr. Gennaro said yes , I did. Mr . Mishkin said do you intend to work at this retail package liquor store on a regular basis? Mr. Gennaro said I believe I will be there around 20 hours a week , in the actual store . Mr . Mishkin said in addition to your personal involvement in this store , is there another manager of JG Enterprises that is going to be actively involved in the day to day operations? Mr. Gennaro said yes , Tucker Wald will be our full time manager. Mr. Mishkin said and what about Mr. Gronowski? Mr. Gennaro said I believe Jamie will probably be down there maybe 5 to 10 hours a week , but his travel schedule will be difficult. Mr. Mishkin said so I look old enough to retire , you do not look old enough to retire and if you are only spending 20 hours a week down there you must be doing something else with your time . Mr. Gennaro said I am vice-president of Acosta Sales and Marketing here in Denver , Colorado. Mr. Mishkin said and in that position , what do you do? Mr . Gennaro said we represent different food companies , consumer package good products and we sell those to Kings , Safeway, Albertsons and convenience stores , where their marketing and sales are. Mr. Mishkin said did I hear you say, sales marketing? Mr . Gennaro said yes. Mr . Mishkin said would you say that you have a fair Englewood Liquor Licensing Authority October 6 , 2004 Page 7 amount of experience in sales marketing? Mr . Gennaro said yes . Mr . Mishkin said can you describe that for us what you do . Mr . Gennaro said part of our job is to take either new items or new products, that may be a Nestle, Kraft or whoever is going to bring out to the market, we develop the marketing program for them ... the sales program for them, then we present that to the Kings and the Safeway's to get that into the stores and then eventually get it into the consumers hands . Mr. Mishkin said do you find that price is a significant motivating factor in people buying? Mr . Gennaro said yes , price always helps . Mr. Mishkin said tell us a little bit about the layout of this proposal. Mr. Gennaro said the store is about 4 ,000 square feet. It has been completely remodeled with professional design. There are windows on three sides of it. I think it is going to have a great appearance when we are all finished with it. Mr. Mishkin said so it is about 4 ,000 square feet? Mr. Gennaro said yes . Mr. Mishkin said everything is basically new? Mr. Gennaro said everything will be new, yes. Mr. Mishkin said do you have a sense of approximately how much you spent already on outfitting the store? Mr . Gennaro said we have approximately $150,000 .0 to $175,000 .00 into it at this time . Mr. Mishkin said okay , is the store going to be jam packed when you open, what's the deal? Mr . Gennaro said the store will be very shopable. One thing about being in the marketing business is we understand what a consumer wants . The store will be open with a good variety of product in there . There will be coolers around the back side like most liquor stores and we have decorated it in a bright , airy way. I think it is going to turn out really nice . Mr . Mishkin said in addition to yourself , Mr . Gronowski, and Mr. Wald , do you anticipate having other employees. Mr. Gennaro said yes, we will probably have anywhe re from 5 to 7 or 8 people on payroll on a part-time basis. Mr. Mishkin said you said you have prior experience in training your employees to deal with customers. Mr. Gennaro said yes , in fact, before we open we will have all our employees and our management go through classes. We haven 't finalized it yet , but we will probably use Max's program that he uses. Mr. Mishkin said my wife is a little prissy when it comes to walking into a liquor store. She typically will send me down rather than walk in. I live along Hampden, but a little bit farther east. Usually there are displays that show football and a var iety of things , is your store going to have that general kind of feeling? Mr. Gennaro said no, we 've got it designed as a open , clean environment. I think it is going to be very comfortable for people to come in and shop. Mr. Mishkin said you know we are talking about a retail package liquor store and there is probably not much difference from one store to another other than perhaps a physical environment, but would you explain to the Authority what you see as your pitch within this neighborhood and how you are going to address the needs and desires of the neighborhood . Mr . Gennaro said I believe the location is a convenient location . We are going to be competitively priced in the neighborhood and we want to be a good neighbor to community . I believe once the store is finished , it will appear that way for our consumers . Mr . Mishkin said when you say convenience , did you hear the testimony about there being 22,000 to 25,000 persons a week at the King Soopers? Mr. Gennaro said yes, I did. Ms . Mishkin said so even if you assume that everybody is there 5 times a week that is still 5 ,000 people a week that might be passing through that shopping center. Do you think your store will be convenient for them? Mr. Gennaro said yes , it is right there in that shopping center . People could actually go from the King Soopers , or Starbucks or Kaufmanns and walk right into the store without having to get back into their car . Mr. Mishkin said do you on occasion consume alcoholic beverages? Mr. Gennaro said yes I do. Mr. Mishkin said is it your testimony that you think there is a need for this retail package liquor store? Mr. Gennaro said yes, I do. Mr . Mishkin said is it your desire that the application be granted? Mr. Gennaro said yes . Mr. Mishkin said a number of liquor stores that I've seen and represented, frequently sell Lotto , scratch tickets and things like that, what is your position going to be on that? Mr . Gennaro said we have decided not to go with Lotto or scratch for a few reasons , but the main reason is that you only have to be 18 to purchase scratch or Lotto tickets . So, I learned this from experience in our first store, it opens you up for people under 21 to try to come into the store . By not having scratch or Lotto it eliminates any type of reason for someone not 21 to come in , so it eliminates that age group that we obviously don't want in the store . Mr . Mishkin said I have no further questions for this witness. Chairman Lunders said does anyone on the Authority have any questions? There were none . Mr. Mishkin said I would like a little guidance from the Authority . We have two additional employees from King Soopers who on a regular basis have been contacted by customers inquiring as to what's the status of opening another liquor store in the shopping center. One is the head of reclamation and one is the head clerk. I don 't want to present anything that is duplicative , but at the same time I know these ladies Englewood Liquor Licensing Authority October 6, 2004 Page 8 have come here and been gracious enough to take some time out of their evening, so I don't know if that is something you would like to hear or not. Chairman Lunders said we will leave that up to you to decide if you want to present it or not. Mr. Mishkin said if it is up to me then I'm calling them. I would like to call Ms. Bobbie Trujillo. She was duly sworn in at this time . Bobbie Trujillo said my address is 5351 South Federal Circle, Littleton, CO 80123. Mr. Mishkin said you don't live in the neighborhood either? She said no. Mr. Mishkin said did you used to live in the neighborhood? Ms. Trujillo said a long, long time ago. Mr. Mishkin said where do you work? She said for King Soopers, 101 Englewood Parkway. Mr. Mishkin said what is your position there? She said I am a head clerk. Mr. Mishkin said how long have you been there? Ms. Trujillo said 18 years . Mr. Mishkin said so you were there when Trolley Square Liquors was doing business in Trolley Square Shopping Center? She said yes sir. Mr. Mishkin said and you have been there on a regular basis since Trolley Square Liquors closed? Ms. Trujillo said yes, I have been at that location for 9 years. Mr. Mishkin said would you tell us a little bit about your experience with customers coming in the store, what if anything they said about a liquor store in that shopping center? Ms. Trujillo said since the remodel, they all want it back because it was convenient for everyone. When the old liquor store was there everyone could go and do their shopping, then go to the liquor store. Now that there isn't one, I get quite a few customers asking when are we going to get the new one. Mr. Mishkin said okay , and could you estimate for us how frequently those customers make that comment? Ms. Trujillo said about 10 to 15 times a day ... they want the liquor store. Chairman Lunders asked if anyone had any questions . There were none. Mr. Mishkin said this is our last witness so we going to call Ms . Josephine Skizinski. She was duly sworn in at this time. Josephine Skizinski said I live at 4260 South Elati Street , Englewood. Mr. Mishkin said the neighborhood only goes up to 285 so you live south? Ms. Skizinski said about 6 or 8 blocks. Mr. Mishkin said do you work for King Soopers? She said I do. Mr. Mishkin said what is your position? Ms. Skizinski said I am head of reclamation. Mr. Mishkin said okay, now what does that mean? Ms. Skizinski said any product that is damaged that can be sent back for credit, I take care of, plus markdowns, throw-aways, shelf-backs ... stuff that goes back on the shelf. Mr. Mishkin said do you have regular customer contact? Ms . Skizinski said I do. Mr. Mishkin said and on occasion since March of 2004, have any of the customers expressed their view, one way or the other about a package retail liquor store in the shopping center. Ms. Skizinski said yes, they have. Mr. Mishkin said and what did they say to you? Ms. Skizinski said well many of them are older folks who don't drive and they would like something within walking distance. They miss the liquor store that was there before and they want to know when is it coming back. So when I knew this was in the works, I just told them that we are doing the best we can. Mr. Mishkin said how many people have come up to you s ince March 2004 and said "I don't want to see another retail package liquor store in this shopping center?" Ms. Skizinski said not a one. Mr . Mishkin said I have no further questions for Ms. Skizinski and we have no further witnesses. Ms . Barrentine said on the petition when they counted up the people that were in opposition to it, I came up with 57 and I would have to take exception to not counting the people who didn't sign just because they didn't give a reason . Was there a reason why it was different? There were two, I guess , that I counted in there that had made comments that were opposing it and had marked it and then one that was in the middle so I just kind of put it on the other side, but when I added it up that was not the number that I came up with . Englewood Liquor Licensing Author ity October 6, 2004 Page 9 Mr . Mishkin sa id I cannot talk for Oedipus , but I could express my view and I could defer to Ms. Scott. My view would be that the only people who are potential parties of interest who should not be counted are th e people who have an abhorrence of alcohol. In other words , who have no need and no desire. And thos e would be the only ones I would exclude . As far as I'm concerned , I don't think it matters . Ms. Barrent ine said I read all the comments that they made and that is what I was asking . Mr. Mishkin sa id I don 't think it matters one way or the other if people express a reason . If people are against it , people are against it ... they don 't have to state a reason. That is my view as an attorney . Ms . Barrentine said then I was just wondering , was there ever an attempt to put any kind of petition system or do anything in King Soopers since you seemed to have a lot of communication going on there ? Mr . Mishkin said none, there was no attempt made. Ms. Scott said I was a little unclear as to your calculations . Ms. Barrent ine said I counted up 57 people , which is off of what you had counted in there. The miscellaneous reasons and the ones you stuck in for not needs and desires ... in reading those comments I didn 't come up w ith the same numbers . I got the impression from some of the things that they wro te that that would matter , so I just wanted to make sure I counted up right because I've only seen these tonight. I haven 't had the opportunity to look at them before . Ms. Scott said we have counted , what.. .54? Is that what you are saying that there is a discrepancy there? Ms. Scott said I'm sorry, you say you 've counted 57? Ms . Barrentine said I counted 57 that had been opposed including the two that I said one was in the middle and could obviously be counted either way so I just put him in there ... and another where they had made a comment that was not in favor of the petition but had signed yes , but it wasn 't consistent. But a third one said that it didn 't meet a six months requirement , but I'm not quite sure what that meant and that it didn 't seem to be in favor of what was going on. So I just was wonder ing . I just got this tonight , added them up real quick and I came up with a different number. I'm just trying to get clarification. Ms . Scott said we have actually 54 that opposed, so you are saying there is a di ff erence of 3? Ms . Barrentine said yes , as well as in reading the comments they provided , I didn 't come up with the same number ... no reason given or the miscellaneous reasons . Ms . Scott said could you tell me what pet ition those were on and what page? Ms. Barrentine said the majority of them are on the petition that starts with the 3300 block of Acoma, the first one on there is Lucero. There are 33 people that are counted on this petition who are in opposition to this. Ms . Scott said what are the in itials on the bottom of the petition? Ms. Barrentine said page 6 of that one and page 8 I think are a couple of the ones I had a question on. Ms. Scott said do you have the initials at the bottom , there are usually initials by the page number. Ms. Barrentine said KK. Ms . Scott said okay and what page was that? Ms. Barrentine said page 6 and page 8 and I don't know whether those are the three that weren 't counted right or not , I just came up with 57 when I did it. There were a couple in addition to the number not being right that I had a question on . One of those are on page 6 and one on page 8 of that petition . Ms. Scott said thank you and what is your question on the one on page 6? Ms. Barrent ine said the one that says that they don 't care , how did they get counted? Ms. Scott said they were actually eliminated from the count. That would have been a person had we contacted them and they didn 't participate, they would have been a neutral or no-participate . We try to weed out people when we do the survey ... do you favor or oppose , do you have an interest in this license? We walk them all the way through it and we give them the choice ... please say favor or oppose and then they blow it and just say , well I don 't care . So that is an individual that I could have counted on a stat sheet , but I just eliminated altogether. Ms . Barrentine said since you didn 't count that one , then we have kind of just quotation marks underneath that, that would lead me to believe they were giving the same feeling from that 'don't care' to the other two. One that is in opposition and one marked 'for' but both of them wrote 'don 't care ', were those two counted in the perspective? Ms. Scott said they were counted . Ms . Barrentine said okay . Ms . Scott said the indiv idual that opposed , we just accepted his reason even though he said he didn 't care . And , I take that personally when I edit the report, is 'I don 't care to give a reason' because he did express a definite opposition . The same if they favor the issuance of the license and they say 'don 't care ', I think that is an 'I don 't care to write in a reason' but they do favor the license. Ms. Barrent ine said and on page 8 'don't meet 6 month requirement'? Ms . Scott said we had here that they should have a 6 month requirement of residency. Englewood Liquor Licensing Authority October 6 , 2004 Page 10 Apparently there are less than 40 ,000 individuals in the town of Englewood and to participate in a survey, you must be a resident more than six months. Ms . Barrentine said was that person not counted? Ms . Scott said not counted ... we eliminated that one as that person did not have a 6 months residency requirement. Chairman Lunders said Mr. Comer can you shed a light on this 6 month residency requirement for us or do you know anything about it? Assistant City Attorney Comer said I don 't know anything about it. Ms . Scott said State Statute states generally that if you have a City with a population of less than 40 ,000 , the individual must have a 6 months residency requirement to participate in a survey. Chairman Lunders said okay, but where do you get that from? Ms. Scott said State Statutes. It is just the way we have been working. I can 't give you a quote , I don 't have any on hand but that is how we generally work it. Chairman Lunders said can the attorney for the applicant answer that? Mr . Mishkin said I am looking right now . Assistant City Attorney Comer said nothing in the liquor code requires this. Ms . Scott said essentially when we query them , we ask do you favor or oppose the issuance of a license , do you have occasion to consume alcohol, have you resided here for more than six months , would you give us your opinion favoring or opposing? Do you think there is a need for the issuance of a license? Ms . Barrentine said that is what confused me because it is not in your instructions on here and that is what I am assuming. Ms. Scott said it is in Number 1. Ms. Bar rentine said I'm assuming that when they went to the door and talked to people that this is the information that you gave to them and that is not included in this . Ms . Scott said what is not included where? Ms. Barrentine said your instructions on your petition here ... that the six months requirement is not included in the instructions, that they would either be reading or I assume that they would be giving to the person that they talk to. Ms. Scott said it is in Number 1 at the very top . It says must be 21 years of age or older and a resident of the defined neighborhood for more than six months . Ms. Barrentine said I apologize for that , I did not see that. Chairman Lunders said now back to my question ... trying to find out where this six month requirement came from. Mr. Mishkin said I can give you§ 12-47-103 Subsection 12 ... with respect to cities or towns having less than 40,000 population ... an individual who resides in a given neighborhood or community for more than six months each year. So it doesn't say exactly that they have to be a res ident for six months , they have to be a resident for six months each year . Assistant City Attorney Comer said is that under the liquor portion of it or just a State Statute? Mr. Mishkin said that is in State Statute defining who an inhabitant is for purposes of defining the need and desires of the inhabitants of the neighborhood. Chairman Lunders said thank you for the enlightenment. .. that is one that has snuck by me all this time . That was the reason I had the question. Attorney Comer said that is a new one on me. Mr. Mishkin said thank you Ms . Scott and Chairman Lunders also thanked her. Mr . Mishkin said he had no more witnesses. Chairman Lunders said I have a sign up sheet he re with three names on it for people opposing the license. He called the names of Chris Garrett, Charles Min and Katherine Lee. He said let the record show that the three people signed up on the sheet opposing the license have exited the building. Chairman Lunders asked if the Authority had any questions. There were none. Chairman Lunders asked if there was a motion to retire to executive session . There was none. Englewood Liquor Licensing Authority October 6 , 2004 Page 11 MEMBER WILLIAMS MOVED, AND MEMBER BRICK SECONDED, TO APPROVE A NEW RETAIL LIQUOR STORE LICENSE FOR JG ENTERPRISES, LLC OBA OFF BROADWAY WINE & SPIRITS, 51 ENGLEWOOD PARKWAY. Ayes: Nays: Members Brick, Barrentine, Fout, Williams, Lunders None The motion carried . The Members of the Authority each gave their reasons for voting as they did. Member Fout said I thought the liquor licensing committee did a really good job. I thought they did an excellent job on the survey, etc. There were not a lot of people opposing , but I think they clarified that. think they did a really good job and I think the needs and desires of the committee have been met. Member Williams said while I appreciated the testimony of the King Soopers employees and I think it takes a lot to come down here and talk to us, I would have preferred to have seen the survey taken into King Soopers and actually surveyed the people that lived in the community and shopped at the store. However, I think the effort was made and the needs and desires was shown . Member Barrentine said I have to echo what Robin said. While it is nice to have the employees come up and give their general impression , it would have been very easy to go ahead and capture those opin ions and make sure that those people were within the community. I was a little concerned about that and it would have been nice to have seen people within that community either come here or participate in the survey, because somebody's general impression has absolutely no weight whatsoever. With what I believe is in there, I believe it comes up to a little closer to 20%. However, that is not enough opposition. I do have some concerns about the way the survey was done, but even 20 % is not enough to override that the needs and desires were already met, and I stated my concerns . Member Brick said I like that the needs and desires were shown both by the King Soopers statements and the survey. It looks like you are going to have a lot of competition. There are a few stores in the area and some people who are opposed , but you said you are going to work with the community so I think that will be good . I know that store and I am sure those people in that area will welcome them. Chairman Lunders said I shall have to say that in my opinion the presentation based upon the needs and desires of the neighborhood was quite adequately represented by the applicant and that is my reason for voting to grant the license. MEMBER BRICK MOVED, AND MEMBER BARRENTINE SECONDED, TO CLOSE THE PUBLIC HEARING. Ayes : Member Brick , Barrentine, Fout, Williams, Lunders Nays: None The motion carried and the public hearing closed . 6. Renewals Member Brick said I just was really pleased to see that the 7-11 Store ... in spite of the violations that 7-11 has throughout the metro area, that this particular store had no violations including sales to minors. I just thought that was really good . MEMBER BRICK MOVED, AND MEMBER WILLIAMS SECONDED, TO APPROVE THE RENEWALS FOR 6 a), b) AND c). a) b) Broadway Grill 3484 South Broadway 7-11 Store #29508 3131 S. Broadway Hotel/Restaurant Expires November 14, 2004 3.2 Beer Off Premises Expires November 26 , 2004 Englewood Liquor Licensing Authority October 6 , 2004 Page 12 c) Vote results: Glass Bottle Liquors 336 W . Hampden Ave . .. Retail Liquor Store Expires December 31 , 2004 Ayes: Nays : Members Brick, Barrentine , Fout, Williams , Lunders None The motion carried . 7. Citizens' Forum There were no citizens present to address the Authority . 8. Clerk's Choice Deputy City Clerk White had no matters to discuss with the Author ity. 9. Counsel 's Choice Assistant City Attorney Comer had no matters to discuss with the Authority 10. Authority Members ' Choice Members of the Authority had no matters to discuss. 11 . Adjournment g was adjourned at 8:14 p.m. ,~