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HomeMy WebLinkAbout1979-07-23 (Special) Meeting Agenda• • • • • CITY COUNCIL MEETING -Special ~ July 23 , 1979 • • • CITY COUNCIL MEETING July 23, 1979 • • • ORDINANCE# 29, 30, 31, 32, 33 RESOLUTION # 30, 31, 32, 33, 34 • 0 0 I . ( ( • • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO July 23, 1979 SPECIAL MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on July 23, 1979, at 7 :00 p .m. order. Mayor Pro Tern Mann, presiding, called the meeting to The invocation was given by Councilman Donald Smith . The Pledge of Allegiance was led by Mayor Pro Tern Mann . Mayor Pro Tern Mann asked for roll call . Upon a call of the roll, the following were present: Council Members Williams, Smith, Harp er, Clayton, Mann. Absent: Council Member Taylor. The Mayor Pro Tern declared a quorum present. * * * * * * Also present were : Assistant City Manager Curnes City Attorney Berardini Deputy City Clerk Johannisson Deputy City Clerk Watkins * * * * * * lh Mayor Pro Tern Mann stated the purpose of the special meeting was to hold a public hearing to consider the request for a hotel/restaurant license for Jack Field, Inc., 701 West Hampden Avenue. * * * * * * COUNCILMAN WILLIAMS MOVED TO OPEN THE PUBLIC HEARING. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Clayton, Williams, Smith, Harper, Mann. None. • I • • • July 23, 1979 Page 2 Absent: • • • Council Member Taylor. The Mayor Pro Tern Mann declared the motion carried. Eric Johannisson , Revenue Chief/Deputy City Clerk, ap- peared before Council and was sworn in . On behalf of the City, Mr . Johannisson presented the application from Jack Field, Inc ., for a hotel/restaurant liquor license to be locate d at 701 West Hamp -~en Avenue which is Cinderella City. The sp ecific location will be down in the Cinder Alley across from Penneys . Mr. Johannisson submitted the following items: City's Exhibit A: 1. 2 . 3. 4 . 5. 6 . 7. 8 . 9. The application on the state forms . a . Notice of Public Hearing published June 20, 1979 in the Englewood Sentinel. b . Letters dated July 13, 1979, which were mailed to the applicant and required b y ~tate s tatute i nd i cating that the appli - cation had been received and was in order . Personal data forms on officers of the cor - poration and the police investigation report. Letters of reference for the officers of the corporation. Corporate records including certificate of incorporation, articles of incorporation , minutes of the meeting electing the officers. Not included in Council's pack et, but received this week in the City Clerk's office and will be included in any correspondence with the state , is the stock certificate. Documents stating that the corporation has right to the property. Layout plans for the proposed location. Financial affadavits and financial report. A map indi cating other similar outlets in a two-mile radius . • ) I • ( ( • July 23, 1979 Page 3 • • - City's Exhibit Band C (1) through (7): 10. Petitioning report made by Oedipus, Inc . and the petitions that were circulated and com- rleted . Mayor Pro Tern Mann asked for the present ation by the applicant. Mr. John Criswell , 3780 South Broadway, attorney for the applicant appeared before Council. Mr. Criswell stated he received the petitioning report from Oedipus, Inc. Mr . Criswell submitted Applicant's Exhibit 1 which was the affidavit of post- ing. Mr . Criswell stated he wanted to present several wi tnesses and requested that they all be sworn in simultaneously. COUNCILMAN SMITH MOVED TO SWEAR IN THE WITNESSES AT THE SAME TIME . Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent: Council Members Clayton, Williams, Smith, Harper, Mann. None . Council Member Taylor. The Mayor Pro Tern Mann declared the motion carried . The Clerk administered the oath to four witnesses . The first witness, Mr. Thomas Merriott, manager of Cin- uerella City, 701 W. Hampden Ave., appeared before Council . Mr . Criswell questioned Mr. Merriott regarding his personal and bus i - .. ess background. Mr. Merriott provided information and gave re- sponses to his affiliation with th e center. Mr. Criswell question- -d Mr. Merriott regarding the operation of the center. Mr . Merriott provided information concerning the occupancy, number of tenants, number of employe es, gross sales and approximate number of people who visit the center per week. In response to Mr . Criswell's further questioning, Mr . Merriott stated the center is unique in that it does not have a restaurant where alcoholic be verages are served and is the exception rather than the rul e based upon his experience and exposure to shopping centers. Mr . Merriott stated there is a definite need for a restaurant that serves liquor in the center based on the v olume of customers that the center serves. The center has to compete with other centers in the region which of fer the sell of alcoholic beverages in conjunction with food as a part of their merchandise mix and at the present time, the center is not able to do so . • I • - • July 16, 197 9 Page 4 • • • Mayo r Pro T e rn Mann asked if Council had any questions they wished to as k of Mr. Merriott. Counc i lma n Clayton asked if the company th a t owned the cente r was going to b e company that owned the l icense and if th e cente r itself had any financial interest in t he license . Mr. Merriott answered negative ly . Councilman Clayton asked what was th e policy of th e management to allow other t e n a nts, both old and new, to apply fo r a liquor license. Mr . Merriott stated the blank unilateral pro - hibition that ha s been in ef fect at the cent e r is no longer in existence and it would not be a "carte blanche" to anyone who wants to serve liquor nor is it a unilateral prohibition. Mr. Merriott stated the management would scrutinize each request based on its own merit and what would make sense for the overall merchandise mix of the center. Mr. Clayton asked if management was in receipt of other requests either from present tenants or prospective ones. Mr . Merriott stated there has been some dis - c ussion with Franz Hummel . Councilman Williams stated Council would hear applications separately and consider eac h license on its own merit, what some- body is intending to do is irrelevant. Mayor Pro Tern Man n asked if anyone who might be opposed to the issuance of the license had any questions to ask of Mr. Merriott . There was no response. The second witness, Ja ck Penfield, 109 East Crossroads, Stan f ord, Connecticut, appeared before Council to answer questions from Mr . Criswell . Mr . Criswell submitted Applicant's Exhibit 2 which was a copy of the applicant's floor plan . Mr. Criswell questioned Mr. Penfield regarding his per- sonal and business background. Mr. Penfield provided information, gave response to his affilitation with the corporation Jack Field, Inc. and gave reasons why he was applying for the license . Mr. Penfield described the proposed location in Cinder Alley and the floor plan of the restaurant referring to the map submi tted as Applicant's Exhibit 2 . Mr. Criswell submitted Applicant's Exhibit 3, the pre- -iminary menu for the restaurant. Mr. Penfield stated it would not be a fast food restaurant, food will be prepared on site. Mr. Penfield stated there would be no entertainment and the hours would be those of the mall. • I • • ( • July 16, 1979 Page 5 • • - Mr. Criswell stated he had no further questions to ask of Mr. Penfield. Mayor Pro Tern Mann asked if Council had any questions to ask Mr. Penfield. Councilman Smith asked Mr. Penfield what type of security was being planned in regard to keeping people from handing drinks out from the sidewalk area to the mall. Mr. Penfi eld stated there would be a barrier between the corridor and the tables themselves. Mr. Smith stated he was concerned about somebody walking by who is under age and being handed a drink. Mr. Penfield stated he was keenly aware of the penalties associated with that happening and he and his staff would be doubly on guard to prevent it. Councilman Clayton asked Mr. Penfield if he had plans either with real estate people or the management of the center to expand his business at the center. Mr. Penfield stated he did not. There were no further questions from Council. Mayor Pro Tern Mann asked if anyone in the audience had questions to ask of Mr. Penfield. There was no response. The third witness, Shirl Werber, 1515 Monroe Street, Denver, appeared before Council. Mr. Werber stated he was Presi- dent of Investigative Services and one of the services he performed was circulating petitions for liquor licenses. Mr. Criswell submitted Applicant's Exhibit 4 which was a letter from Mr. Criswell to Mr. Werber requesting his firm to circulate petitions in the designated neighborhood on behalf of the applicant. Mr. Criswell discussed with Mr. Werber the format, manner in which the petitions were circulated and the results obtained from the survey. Mr. Criswell submitted Appli- cant's Exhibits 5, 6, and 7 -the three types of petitions that were circulated; and Applicant's Exhibit 8 -the summarized re- sults of the survey. The results reflected that the needs and desires were not being met. There were no questions from Council. There wer e no questions from the audience. Mr. Werber was excused from the hearing. The fo urth witness, Mr. Jay Gould, manager of Joslin's Department Store, 701 West Hampden Avenue, appeared before Council • • D I • • • • • July 23, 1979 Page 6 Mr . Gould stated he was also the President of Englewood Merchants As sociation of Cinderella City. Mr . Gould read a lett er from the Association supporting the applicant's request fo r a liquor license . Councilman Clayton asked Mr. Gould if Council could as - sume the letter carried the unanimous suppor t of the Merchants Association . Mr . Gould stated at their last meet ing, the motion to fully support Jack Field , Inc ., was voted on favorably and un-amious ly . Ther e were no fu r ther questions from Council . Ther e were no questions f rom the audienc e . Mr. Criswell stated he had no f urther evidence to pre- sent and requ ested permission to give closing r emarks if any op position or opposing evidence was presented. Ma yor Pro T ern Mann asked if th e re was anyone else in the a udi e nce wishing to speak in f avor of the license . No one r es ponded . Council. Mayor Pro Tern Mann asked Max Scott to appear before Mr. Max Scott, Oedipus, Inc., 1200 Pearl, Boulder, Colorado, appeared before Council and was sworn in by the Clerk. City Attorney Berardini questioned Mr . Scott regarding his affiliation with Oedipus, Inc. and his association with the City to petition the needs and desires of the neighborhood in r e - lationship to the subject liquor application. Mr. Scott pro v ided information and gave responses. Mr. Scott discussed his report and stated the results indicated that the needs and desires are not b eing met. Mr. Scott sta t ed his report has been submitted as City Exhibit B and th e petitions t hemselves have been submitted as City Exhibits C (1) through (7). City Attorney Berardini asked if the applicant had had time to review the results. Mr . Scott stated he presumed they had ; the materials were turned in on July 16, 1979. Mr. Scott answered questions from Councilman Clayton concerning the tabulations of his report. There were no further questions from Council. Mayor Pro Tern Mann asked Mr. Criswell if he had any questions to ask of Mr. Scott. Mr. Criswell asked it was fair • I • • ( • July 23, 1979 Page 7 • • • to state that the results indicate approximately four times th e number of persons that expressed themselves in this manner, ex- pressed themselves in favor. Mr. Scott stated th a t wa s true in terms of needs and desires. There were no questions from the audience . There was no one in the audienc e wishing to sp eak i n opposition of the application. Mayor Pro Tern Mann asked Mr. Criswell if he wanted to make a final statement . Mr. Criswell stated he had no remarks to make. COUNCILMAN SMITH MOVED TO CLOSE THE PUBLIC HEARING. Coun- cilman Clayton seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent : Council Members Clayton, Williams, Smith, Harper, Mann. None. Council Member Taylor. The Mayor Pro Tern declared the motion carried. Mayor Pro Tern Mann stated Council would consider all testimony presented and make a decision within thirty days . * * * * * * Mayor Pro Tern Mann declared a recess at 8 :10 p.m. The Council reconvened at 8:20 p.m. Mayor Pro Tern Mann asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Smith, Harper, Clayton, Mann. Absent: Council Member Taylor. The Mayor Pro Tern Mann declared a quorum present. * * * * * * Mayor Pro Tern Mann stated the purpose of the next public hearing was to consider a request for a 3.2 beer license -on pre- mises for Colorado Pizza Corporation dba Mr. Gatti's, 225 East Jef-ferson. • I • • - • July 16, 197 9 Page 8 • • • COUNCILMAN WILLIAMS MOVED TO OPEN THE PUBLI C HEARI G. Cou ncilman Clayton second e d the motion. Upon a call of the roll, the vote resulted as fo l lows : Ayes: Nays : Absent: Council Members Cl ayton, Will iams, Smith, Harper, Mann. None. Counci l Member Taylor. The Mayor Pro Tern declared the motion carried. Eric Johannisson, Revenue Chief/Deputy Ci t y Clerk, ap- peared before Council and was sworn in. Mr. Johannisson presented the application from the Colorado Pizza Corporation dba Mr. Gatti's , 225 East Jefferson. Mr . Johannisson submitted the fol l owing docu-ments: City's Exhibit A: 1. 2 . 3. 4. s. 6. The application on the state forms. a. Notice of Public Hearing published on June 20, 1979, in th e Englewood Sentinel. b. Letters to Mr. John O'Dell, Colorado Piz za Corporation, dated July 13, 1979, which is required by the Colorado State Statut e in- dicating that the City of Englewood had received the application and was in ord er . Personal history forms for the corporate of- ficers and the stockholders of the corporation , one of which is not an officer of the corpora - tion, police investiga tion report, employment histories, and fina nc i al statements for eac h one of the of fi c e r s and directors . Le tt e rs of reference fo r each person. Corporat e r e cord s including certificate of incorporation, articles of incorporation and by laws, minutes of the corporate meeting electing the officers and a facsimile o f the stock certificate. Documents relating to the right of the prop erty to the applicant. Floor plan of the proposed location. • I • • \ ( J ( • • • - July 23, 1979 Page 9 7. 8. Financial affadavit and financial statement of the corporation. A map indicating the neighborhood prescribed by Council fo r petitioning and similar out- lets in a one-mile radius. City's Exhibit Band City's Exhibit C (1) through (6): 9. 10. Petitioning report prepared by Oed i pus , Inc. and the petitions that were circulated and completed by Oedipus, Inc. Not included in Council's packet, but re- ceived this week in the City Clerk's office, a letter from John O'Dell relating to the re- cent death of one of major stockholders, Mr. John Murchison . Max Scott, Oedipus, Inc., 1200 Pearl, Boulder, appeared before Council and was sworn in by the Clerk. Mr. Scott answered questions posed by the City Attorney regarding his personal back-ground. Mr. Scott stated he was commissioned by the City of Engle- wood to petition the designat ed neighborhood to determine if the needs and desires were being met regarding the liquor application for Col- orado Pizza Corporation. Mr. Scott discussed the manner in which the petitions were circulated and the results obtained from the survey. Mr. Scott stated the results indicated the people felt the needs and desires are not being met. Mr. Scott identified his report as City Exhibit Band the petitions as City Exhibit C (1) through (6). time . There were no further questions of Mr. Scott at th is tion. Mayor Pro Tern Mann asked for the applic a nt's presenta- Mr. John O'Dell, 10700 East Dartmouth, Apartment F-203, Denver, appeared before Council and was sworn in by the Clerk . Mr. John O'Dell stated he was Vice President of Operations fo r the Colorado Pizza Corporation dba Mr. Gatti 's. Mr. O'Dell stated the corporation's attorney, Mr. Charles Hillsteadt, was present i f Council had any legal questions . Mr. John O'Dell presented the application, discussed the background of Mr. Gatti's, the concept of the restaurant , the needs and desires of the area that were found, and the control and dis- pen sing of 3.2 beer in the restaurant • • I • • • • • Jul y 23, 1979 P age 10 Mr. O'De ll submitted Applicant's Exhibit A, a photograp h of a Mr. Gatti's restaurant interior, and Applicant's Exhibit B , t he menu. Mr. O'Dell stated he had some witnesses pre sent to give testimony regarding the application . Mr. Raymond H. Ball, owner of Tender Lean Meats, 295 East Jefferson, appeared befor e Council and was sworn in by the Clerk. Mr. O'Dell asked Mr. Ball several questions relative to the proposed restaurant and the liquor application. Mr. Ball stated in his opinion he felt the needs and desires of the area fo r a restaurant serving 3 .2 beer were not being satisfied at the present time. Mr . Ball stated he frequently drives to Littleton to a restaurant so he can get quick service a nd it takes too long in some of the area restaurants to get waited on. Mr . Ball stated he would patronize Mr. Gatti's. There were no questions from Council nor the audience to ask of Mr. Ball. Ms. Natashia Nolan, 13200 East Glendale Place, Aurora, appeared b efo re Council and was sworn in by the Clerk. Ms . Nolan stated she was the owner of Hair Flair Beauty Salon located in the Dry Creek Shopping Center where the proposed Mr. Gatti's will be located . Mr . O'Dell asked Ms . Nolan several questions relative to the proposed restaurant and the liquor application. Ms. Nolan stated she felt the needs and desires of the neighborhood were not being met and she would patron ize the restaurant. There were no questions f rom Council nor the audience to ask of Ms . Nolan. Mr. William Honeyman, 3226 South Sherman, appeared before Council and was sworn in by the Clerk. Mr. O'Dell asked Mr. Hon eyman several questions relative to the proposed restaurant and the liquor application. Mr. Honeyman stated he felt the needs and desires of the neighborhood were not being met and he would like to see Mr. Gatt i 's granted a 3.2 beer license. Mr. Honeyman stated he and his wife have to drive some distance to find a good pizza restaurant especially one th at serves beer . Mr. Honeyman stated he and his family would patronize the restaurant. There were no questions from Council nor the audience to ask of Mr. Honeyman. Mr. O'Dell gave closing remarks. Mayor Pro Temm Mann asked if there were any questions from Council to ask of Mr. O'Dell. • I • - ( • • • • ; July 23, 1979 Page 11 Councilman Clayton asked Mr. O'Dell wh o now own ed the stock since the event of Mr . Murchison's death . Mr . O'Dell stated Mr. McClennahan t he other stock holder would be better able to answer the question. Mr . O'Dell stated Mr . McClennahan was in the audience and requested Counc il's permission to let him appear. Mayor Pro Tern Mann granted permission. Mr. Lee McCl e nnahan, office address 7100 Br oadway , Den ver, appeared befor e Council and was sworn in by the Clerk . Mr . McClen - nahan stated the es tate of Mr. John D. Murch ison now owns t h e s har es . In response to Counc i lman Clayton's further questioning, Mr. McClen- nahan stated stock was owned by Mr . Murch i son in another restaura nt now under construction in Arapahoe County. Mr . McClennahan stated he was planning to live in the area and r ece ntly purchased a home at 2185 Stony Hill Road, Boulder, Colorado. There were no further questions f rom Council . Mr. Charles Hillsteadt, of the law firm DeM uth, Eiberger, Kemp & Backus, Western Federal Savings Building, Denver, attorney for Mr. Gatti's, appeared before Council. Mr. Hillsteadt explained the ownership of Mr. Gatti's and the franchise agreement in Color ado which Mr. McClennahan will manage in the state. He stated Mr . Murchison's es t at e has be e n formalized and the court has appointed exec utors. In resp onse to City Attorney Berardini's question, Mr. Hi llsteadt stated to the best of his knowledge either o f the exec- utors may sign for the estate. City Attorney Berardin i stated the City and the State Liquor Division may need add i tional information and as ked if Mr . Hillsteadt could provide whatever information will be needed. Mr . Hillsteadt stated he would be will ing to pro vide all t h e documen- tation either agency might ne e d. In response to Council's questions, Mr . O'Dell discussed the anticipated opening date, the planned on-premise management to insure that beer would not be served to minors and what steps would be taken in case of emergencies . audience. There were no further questions from Council or the Mayor Pro Tern Mann asked if there was anyone in the audience wishing to speak in favor of the application. There was no response. • I • - • • July 23, 1979 Page 12 • • • Mayor Pro Tern Mann asked audience wishing to sp ak agains no response. th r was anyone in the application . There was Ther e wer e no closing remarks from the a pplicant . COUNCILMAN HAR PER MOVED TO CLOSE THE PUBLIC HEAR I NG . Councilman Williams seconded t he moti on. Upon a call of the roll, t he vote resulted as follows: Ayes : Nays : Ab sen t: Counc il Membe rs Clayton, Wi l l i ams, Smith, Harp er , Mann. Non e . Counc il Membe r Ta y lor. Th e Mayor Pro Tern Mann declar ed th e motion c a r ried. * * * * * * Mayor Pro Tern Mann stated Council would make a d e cision concerning the application within 30 day s and adj ourned th e mee t ing wi thout a vote a 9 :05 p .m. • I • - ( ( • • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO July 23, 1979 SPECIAL MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on July 23, 1979, at 7 :00 p.m. order. Mayor Pro Tern Mann, presiding, called the meeting to The invocation was given by Councilman Donald Smith. The Pledge of Allegiance was led by Mayor Pro Tern Mann. Mayor Pro Tern Mann asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Smith, Harper, Clayton, Mann. Absent: Council Member Taylor. The Mayor Pro Tern declared a quorum present. * * * * * * Also present were : Assistant City Manager Curnes City Attorney Berardini Deputy City Clerk Johannisson Deputy City Clerk Watkins * * * * * * lb Mayor Pro Tern Mann stated the purpose of the special meeting was to hold a public hearing to consider the request for a hotel/restaurant license for Jack Field, Inc., 701 West Hampden Avenue. * * * * * * COUNCILMAN WILLIAMS MOVED TO OPEN THE PUBLIC HEARING. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as foll ows: Ayes: Nays: Council Members Clayton, Williams, Smith, Harper, Mann. None. • I • • July 23, 1979 Page 2 Abs e n t: • • • Council Member Taylor, The Mayor Pro Tern Mann declared the motion carried. Eric Johannisson, Revenue Chief/Deputy City Clerk, ap- peared before Council and was sworn in. On behalf of the City, Mr. Johannisson presented the application from Jack Field, Inc., for a hotel/restaurant liquor license to be located at 701 West Hamp-~en Avenue which is Cinderella City. The specific location will be down in the Cinder Alley across from Penneys. Mr. Johannisson submitted the following items: City's Exhibit A: 1. 2. 3. 4. 5. 6. 7. 8. 9. The application on the state forms. a. Notice of Public Hearing published June 20, 1979 in the Englewood Sentinel. b. Letters dated July 13, 1979, which were mailed to the applicant and required by ~tate statute indicating that the appli- cation had been received and was in order. Personal data forms on officers of the cor- poration and the police investigation report. Letters of reference for the officers of the corporation. Corporate records including certificate of incorporation, articles of incorporation, minutes of the meeting electing the officers. Not included in Council's packet, but received this week in the City Clerk's office and will be included in any correspondence with the stat e , i s the stock certificat e . Documents stating that the corporation has right to the property. Layout plans for the proposed location. Financial affadavits and financial report. A map indicating other similar outlets in a two-mile radius. • 0 I • ( ( • July 23, 1979 Page 3 • • - City's Exhibit Band C (1) through (7): 10. Petitioning report made by Oedipus, Inc. and the petitions that were circulated and com-~leted . Mayor Pro Tern Mann asked for the presentation by the applicant. Mr . John Criswell, 3780 South Broadway, attorney for the applicant appeared before Council. Mr . Criswell stated he received the petitioning report from Oedipus, Inc . Mr. Criswell submitted Applicant's Exhibit 1 which was the affidavit of post- ing . Mr. Criswell stated he wanted to present several witnesses and requested that they all be sworn in simultaneously. COUNCILMAN SMITH MOVED TO SWEAR IN THE WITNESSES AT THE SAME TIME . Councilman Harper seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Ab sent: Co uncil Members Clayton , Williams, Smith, Harper, Mann . None . Council Member Taylor. The Mayor Pro Tern Mann declared the motion carried. The Clerk administered the oath to four witnesses . The first witness, Mr . Thomas Merriott, manager of Cin- uerella City, 701 W. Hampden Ave., appeared before Council. Mr. Criswell questioned Mr. Merriott regarding his personal and busi- .. ess background. Mr . Merriott provided information and gave re- sponses to his affiliation with the center. Mr. Criswell question-~d Mr . Merriott regarding the operation of the center . Mr. Merriott provided information concerning the occupancy, number of tenants, number of employees, gross sales and approximate number of people who visit the center per week. In response to Mr. Criswell's further questioning, Mr. Merriott stated the center is unique in that it does not have a restaurant where alcoholic beverages are s e rved and is the exception rather than the rule based upon his experience and exposure to shopping centers. Mr. Merriott stated there is a definite need for a restaurant that serves liquor in the center based on the volume of customers that the center serves. The center has to compete with other centers in the region which offer the sell of alcoholic beverages in conjunction with food as a part of their merchandise mix and at the present time, the center is not able to do so. • I • • • Ju ly 16, 1979 Pa g e 4 • • - Mayor Pro Tern Mann asked if Council had any questions they wished to ask of Mr . Merriott. Councilman Clayton asked if the company that owned the center was going to be company that owned the license and if the center itself had any financial interest in the license . Mr. Merriott answered negatively. Councilman Clayton asked what was the policy of the management to allow other tenants, both old and new, to apply for a liquor license. Mr. Merriott stated the blank unilateral pro- hibition that has been in effect at the center is no longer in existence and it would not be a "carte blanche" to anyone who wants to serve liquor nor is it a unilateral prohibition . Mr. Merriott stated the management would scrutinize each request based on its own merit and what would make sense for the overall merchandise mix of the center . Mr . Clayton asked if management was in receipt of other requests either from present tenants or ~respective ones. Mr . Merriott stated there has been some dis - cussion with Franz Hummel. Councilman Williams stated Council would hear ap p lications separately and consider each license on its own merit, what some- body is intending to do is irrelevant. Mayor Pro Tern Mann asked if anyone who might be opposed to the issuance of the license had any questions to ask of Mr . Merriott . There was no response. The second witness, Jack Penfield, 109 East Crossroads, Stanford, Connecticut, appeared before Council to answer questions from Mr. Criswell. Mr . Criswell submitted Applicant's Exhibit 2 which was a copy of the applicant's floor plan. Mr. Criswell questioned Mr. Penfield regarding his per- sonal and business background. Mr. Penfield provided information, gave response to his affilitation with the corporation Jack Field, Inc. and gave reasons why h e was applying for the license. Mr. Penfield described the proposed location in Cinder Alley and the floor plan of the restaurant referring to the map submitted as Applicant's Exhibit 2. Mr . Criswell submitted Applicant's Exhibit 3, the pre- 4iminary menu for the restaurant. Mr. Penfield stated it wo uld not be a fast food restaurant, food will be prepared on site . Mr. Penfield stated there would be no entertainment and the hours would be those of the mall. • I • • • July 16, 1979 Page 5 • • - Mr. Criswell stated he had no further questions to ask of Mr. Penfield. Mayor Pro Tern Mann asked if Council had any questions to ask Mr. Penfield. Councilman Smith asked Mr. Penfield what type of security was being planned in regard to keeping people from handing drinks out from the sidewalk area to the mall. Mr. Penfield stated there would be a barrier between the corridor and the tables themselves. Mr. Smith stated he was concerned about somebody walking by who is under age and being handed a drink. Mr. Penfield stated he was keenly aware of the penalties associated with that happening and he and his staff would be doubly on guard to prevent it. Councilman Clayton asked Mr. Penfield if he had plans either with real estate people or the management of the center to expand his business at the center. Mr. Penfield stated he did not. There were no further questions from Council. Mayor Pro Tern Mann asked if anyone in the audience had questions to ask of Mr. Penfield. There was no response. The third witness, Shirl Werber, 1515 Monroe Street, Denver, appeared before Council. Mr. Werber stated he was Presi- dent of Investigative Services and one of the services he performed was circulating petitions for liquor licenses. Mr. Criswell submitted Applicant's Exhibit 4 which was a letter from Mr. Criswell to Mr. Werber requesting his firm to circulate petitions in the designated neighborhood on behalf of the applicant. Mr. Criswell discussed with Mr. Werber the format, manner in which the petitions were circulated and the results obtained from the survey. Mr. Criswell submitted Appli- cant's Exhibits 5, 6, and 7 -the three types of petitions that were circulated; and Applicant's Exhibit 8 -the summarized re- sults of the survey. The results reflected that the needs and desires were not being met. There were no questions from Council. There were no questions from the audience. Mr. Werber was excused from the hearing. The fourth witness, Mr. Jay Gould, manager of Joslin's Department Store, 701 West Hampden Avenue, appeared before Council. • I • ') n • • • - July 23, 1979 Page 6 Mr. Gould stated he was also the President of Englewood Merchants Association of Cinderella City. Mr. Gould read a letter from the Association supporting the applicant's request for a liquor license. Councilman Clayton asked Mr. Gould if Council could as- sume the letter carried the unanimous support of the Merchants Association. Mr. Gould stated at their last meeting, the motion to fully support Jack Field, Inc., was voted on favorably and un-amiously. There were no further questions from Council. There were no questions from the audience. Mr. Criswell stated he had no further evidence to pre- sent and requested permission to give closing remarks if any opposition or opposing evidence was presented. Mayor Pro Tern Mann asked if there was anyone else in the audience wishing to speak in favor of the license. No one responded. Council. Mayor Pro Tern Mann asked Max Scott to appear before Mr. Max Scott, Oedipus, Inc ., 1200 Pearl, Boulder, Colorado, appeared before Council and was sworn in by the Clerk. City Attorney Berardini questioned Mr. Scott regarding his affiliation with Oedipus, Inc . and his association with the City to petition the needs and desires of the neighborhood in re- lationship to the subject liquor application. Mr . Scott provided information and gave responses. Mr. Scott discussed his report and stated the results indicated that the needs and desires are not being met. Mr. Scott stated his report has been submitted as City Exhibit B and the petitions themselves have been submitted as City Exhibits C (1) through (7). City Attorney Berardini asked if the applicant had had time to review the results. Mr. Scott stated he presumed they had; the materials were turned in on July 16, 1979. Mr. Scott answered questions from Councilman Clayton concerning the tabulations of his report. There were no further questions from Council. Mayor Pro Tern Mann asked Mr. Criswell if he had any questions to ask of Mr. Scott. Mr. Criswell asked it was fair • I • • July 23, 1979 Page 7 • • • to state that the results indicate approximately four times the number of persons that expressed themselves in this manner, ex- pressed themselves in favor. Mr. Scott stated that was true in terms of needs and desires. There were no questions from the audience. There was no one in the audience wishing to speak in opposition of the application. Mayor Pro Tern Mann asked Mr. Criswell if he wanted to make a final statement. Mr. Criswell stated he had no remarks to make. COUNCILMAN SMITH MOVED TO CLOSE THE PUBLIC HEARING. Coun- cilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absent : Council Members Clayton, Williams, Smith, Harper, Mann. None. Council Member Taylor. The Mayor Pro Tern declared the motion carried. Mayor Pro Tern Mann stated Council would consider all testimony presented and make a decision within thirty days. * * * * * * Mayor Pro Tern Mann declared a recess at 8:10 p.m. The Council reconvened at 8:20 p.m. Mayor Pro Tern Mann asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Smith, Harper, Clayton, Mann. Absent : Council Member Taylor. The Mayor Pro Tern Mann declared a quorum present. * * * * * * Mayor Pro Tern Mann stated the purpose of the next public hearing was to consider a request for a 3.2 beer license -on pre- mises for Colorado Pizza Corporation dba Mr. Gatti's, 225 East Jef-ferson. • I • • July 16, 1979 Page 8 • • • COUNCILMAN WILLIAMS MOVED TO OPEN THE PUBLIC HEARING. Councilman Clayton seconded the motion. Upon a call of the roll, the vo te resulted as f ollows: Ayes : Council Members Clayton, Williams, Smith, Harper, Mann. Nays: None. Absent : Council Member Taylor. The Mayor Pro Tern declared the motion carried. Eric Johannisson, Revenue Chief/Deputy City Clerk, ap- peared before Council and was sworn in. Mr. Johannisson present ed the application from the Colorado Pizza Corporation dba Mr. Gatti's, 225 East Jefferson. Mr. Johannisson submitted the following docu-ments: City's Exhibit A: 1. 2. 3. 4. 5. 6. The application on the state forms. a. Notice of Public Hearing published on June 20, 1979, in the Englewood Sentinel. b. Letters to Mr. John O'Dell, Colorado Pizza Corporation, dated July 13, 1979, which is required by the Colorado State Statute in- dicating that the City of Englewood had received the application and was in order. Personal history forms for the corporate of- ficers and the stockholders of the corporation, one of which is not an officer of the corpora- tion, police investigation report, employment histories, and financial statements for each one of the officers and directors. Letters of reference for each person. Corporate records including certificate of incorporation, articles of incorporation and by laws, minutes of the corporate meeting electing the officers and a facsimile of the stock certificate. Documents relating to the right of the property to the applicant. Floor plan of the proposed location. • I • • • • - July 23, 1979 Page 9 7. 8. Financial affadavit and financial statement of the corporation. A map indicating the neighborhood prescribed by Council for petitioning and similar out- lets in a one-mile radius. City's Exhibit Band City's Exhibit C (1) through (6): 9. 10. Petitioning report prepared by Oedipus, Inc. and the petitions that were circulated and completed by Oedipus, Inc. Not included in Council's packet, but re- ceived this week in the City Clerk's office, a letter from John O'Dell relating to the re- cent death of one of major stockholders, Mr. John Murchison. Max Scott, Oedipus, Inc., 1200 Pearl, Boulder, appeared before Council and was sworn in by the Clerk. Mr. Scott answered questions posed by the City Attorney regarding his personal back-ground. Mr. Scott stated he was commissioned by the City of Engle- wood to petition the designated neighborhood to determine if the needs and desires were being met regarding the liquor application for Col- orado Pizza Corporation. Mr. Scott discussed the manner in which the petitions were circulated and the results obtained from the survey. Mr. Scott stated the results indicated the people felt the needs and desires are not being met. Mr. Scott identified his report as City Exhibit Band the petitions as City Exhibit C (1) through (6). time. There were no further questions of Mr. Scott at this tion. Mayor Pro Tern Mann asked for the applicant's presenta- Mr. John O'Dell , 10700 East Dartmouth, Apartment F-203, Denver, appeared before Council and was sworn in by the Clerk. Mr. John O'Dell stated he was Vice President of Operations for the Colorado Pizza Corporation dba Mr. Gatti's. Mr. O'Dell stated the corporation's attorney, Mr. Charles Hillsteadt, was present if Council had any legal questions. Mr. John O'Dell presented the application, discussed the background of Mr. Gatti's, the concept of the restaurant, the needs and desires of the area that were found, and the control and dis- pensing of 3.2 beer in the restaurant • • I • • • • - July 2 3, 19 79 Pa ge 10 Mr. O'Dell submitted Applicant's Exhibit A, a photograph of a Mr. Gatti's restaurant interior, and Applicant's Exhibit B, the menu. Mr. O'Dell stated he had some witnesses present to give testimony regarding the application. Mr. Raymond H. Ball, owner of Tender Lean Meats, 295 East Jefferson, appeared before Council and was sworn in by the Clerk. Mr. O'Dell asked Mr. Ball several questions relative to the proposed restaurant and the liquor application. Mr. Ball stated in his opinion he felt the needs and desires of the area for a restaurant serving 3.2 beer were not being satisfied at the present time. Mr. Ball stated he frequently drives to Littleton to a restaurant so he can get quick service and it takes too long in some of the area restaurants to get waited on. Mr. Ball stated he would patronize Mr. Gatti's. There were no questions from Council nor the audience to ask of Mr. Ball. Ms. Natashia Nolan, 13200 East Glendale Place, Aurora, appeared before Council and was sworn in by the Clerk. Ms. Nolan stated she was the owner of Hair Flair Beauty Salon located in the Dry Creek Shopping Center where the proposed Mr. Gatti's will be located. Mr. O'Dell asked Ms. Nolan several questions relative to the proposed restaurant and the liquor application. Ms. Nolan stated she felt the needs and desires of the neighborhood were not being met and she would patronize the restaurant. There were no questions from Council nor the audience to ask of Ms. Nolan. Mr. William Honeyman, 3226 South Sherman, appeared before Council and was sworn in by the Clerk. Mr. O'Dell asked Mr. Honeyman several questions relative to the proposed restaurant and the liquor application. Mr. Honeyman stated he felt the needs and desires of the neighborhood were not being met and he would like to see Mr. Gatti's granted a 3.2 be e r licens e . Mr. Honeyman stated he and his wife have to drive some distance to f i nd a good pizza restaurant especially one t hat serves be e r. Mr. Honeyman stated he and his family would patronize t h e r e staurant. There were no questions f rom Counc il nor the audience t o ask of Mr. Honeyman. Mr. O'Dell gave closing remarks. Mayor Pro Terran Mann asked if th e r e we r e any q u est i ons from Counc i l to ask of Mr. O'Dell. • I • • ( • • • - July 23, 1979 Page 11 Councilman Clayton asked Mr. O'Dell who now owned the stock since the event of Mr. Murchison's death. Mr. O'Dell stated Mr. McClennahan the other stock holder would be better able to answer the question. Mr. O'Dell stated Mr. McClennahan was in the audience and requested Council's permission to let him appear. Mayor Pro Tern Mann granted permission. Mr. Lee McClennahan, office address 7100 Broadway, Denver, appeared before Council and was sworn in by the Clerk.· Mr. McClen- nahan stated the estate of Mr. John D. Murchison now owns the shares. In response to Councilman Clayton's further questioning, Mr. McClen- nahan stated stock was owned by Mr. Murchison in another restaurant now under construction in Arapahoe County. Mr. McClennahan stated he was planning to live in the area and recently purchased a home at 2185 Stony Hill Road, Boulder, Colorado. There were no further questions from Council. Mr. Charles Hillsteadt, of the law firm DeMuth, Eiberger, Kemp & Backus, Western Federal Savings Building, Denver, attorney for Mr. Gatti's, appeared before Council. Mr. Hillsteadt explained the ownership of Mr. Gatti's and the franchise agreement in Colorado which Mr. McClennahan will manage in the state. He stated Mr. Murchison's estate has been formalized and the court has appointed executors. In response to City Attorney Berardini's question, Mr. Hillsteadt stated to the best of his knowledge either of the exec- utors may sign for the estate. City Attorney Berardini stated the City and the State Liquor Division may need additional information and asked if Mr. Hillsteadt could provide whatever information will be needed. Mr. Hillsteadt stated he would be willing to provide all the documen- tat i on either agency might need. In response to Council's questions, Mr. O'Dell discussed the anticipated opening date, the planned on-premise management to insure that beer would not be served to minors and what steps would be taken in case of emergencies. audience. Ther e were no further questions from Council or the Mayor Pro Tern Mann asked if there was anyone in the audience wishing to speak in favor of the application. There was no response. • I • • • July 23, 1979 Page 12 • • • Mayor Pro Tern Mann asked if there was anyone in the audience wishing to speak against the application. There was no response. There were no closing remarks from the applicant. COUNCILMAN HARPER MOVED TO CLOSE THE PUBLIC HEARING. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent: Council Members Clayton, Williams, Smith, Harper, Mann. None. Council Member Taylor. The Mayor Pro Tern Mann declared the motion carried. * * * * * * Mayor Pro Tern Mann stated Council wou ld make a decision concerning the application within 30 days and ad j ourned the meeting without a vote a 9:05 p.m. • I • • ( • • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO July 23, 1979 SPECIAL MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on July 23, 1979, at 7:00 p.m. order. Mayor Pro Tern Mann, presiding, called the meeting to The invocation was given by Councilman Donald Smith. The Pledge of Allegiance was led by Mayor Pro Tern Mann. Mayor Pro Tern Mann asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Smith, Harper, Clayton, Mann. Absent: Council Member Taylor. The Mayor Pro Tern declared a quorum present. * * * * * * Also present were: Assistant City Manager Curnes City Attorney Berardini Deputy City Clerk Johannisson Deputy City Clerk Watkins * * * * * * lb Mayor Pro Tern Mann stated the purpose of the special meeting was to hold a public hearing to consider the request for a hotel/restaurant license for Jack Field, Inc., 701 West Hampden Avenue. * * * * * * COUNCILMAN WILLIAMS MOVED TO OPEN THE PUBLIC HEARING. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Clayton, Williams, Smith, Harper, Mann. None. • I • • • Ju ly 2 3 , 19 79 Page 2 Absen t : • • - Counc il Member Taylor. Th e Mayor Pro Tern Mann declared the motion carried. Eric Johannisson, Revenue Chief/Deputy City Clerk, ap- peared b e fore Council and was sworn in. On behalf of the City, Mr. Johannisson presented the application from Jack Field, Inc., for a hotel/restaurant liquor license to be located at 701 West Hamp- ~en Avenue which is Cinderella City. The specific location will be down in the Cinder Alley across from Penneys. Mr. Johannisson submitted the following items: City's Exhibit A: l. 2. 3. 4. s. 6. 7. 8. 9. The application on the state forms. a. Notice of Public Hearing published June 20, 1979 in the Englewood Sentinel. b. Letters dated July 13, 1979, which were mailed to the applicant and required by ~tate statute indicating that the appli- cation had been received and was in order. Personal data forms on officers of the cor- poration and the police investigation report. Letters of reference for the officers of the corporation. Corporate records including certificate of incorporation, articles of incorporation, minutes of the meeting electing the officers. Not included in Council's packet, but received this week in the City Clerk's office and will be included in any correspondence with the state, is the stock certificate. Documents stating that the corporation has right to the property. Layout plans for the proposed location. Financial affadavits and financial report. A map indicating other similar outlets in a two-mile radius. • 0 I • • ) ( July 23, 1979 Page 3 • - City's Exhibit Band C (1) through (7): 10. Petitioning report made by Oedipus, Inc. and the petitions that were circulated and com- ~leted. Mayor Pro Tern Mann asked for the presentation by the applicant. Mr. John Criswell, 3780 South Broadway, attorney for the applicant appeared before Council. Mr. Criswell stated he received the petitioning report from Oedipus, Inc. Mr. Criswell submitted Applicant's Exhibit 1 which was the affidavit of post- ing. Mr. Criswell stated he wanted to present several witnesses and requested that they all be sworn in simultaneously. COUNCILMAN SMITH MOVED TO SWEAR IN THE WITNESSES AT THE SAME TIME. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Williams, Smith, Harper, Mann. None. Council Member Taylor. The Mayor Pro Tern Mann declared the motion carried . The Clerk administered the oath to four witnesses. The first witness, Mr. Thomas Merriott, manager of Cin- uerella City, 701 W. Hampden Ave., appeared before Council. Mr. Criswell questioned Mr. Merriott regarding his personal and busi- .. ess background. Mr. Merriott provided information and gave re- sponses to his affiliation with the center. Mr. Criswell question- ~d Mr. Merriott regarding the operation of the center. Mr. Merriott provided information concerning the occupancy, number of tenants, number of employees, gross sales and approximate number of people who visit the center per week. In response to Mr. Criswell's further questioning, Mr. Merriott stated the center is unique in that it does not have a restaurant where alcoholic beverages are served and is the exception rather than the rule based upon his experience and exposure to shopping centers . Mr. Merriott stated there is a definite need for a restaurant that serves liquor in the center based on the volume of customers that the center serves. The center has to compete with other centers in the region which o ffe r the sell of alcoholic beverages in conjunction with food as a part of their merchandise mix and at the present time, the center is not able to do so. • I • • July 16, 1 979 Pag e 4 • • - Mayor Pro Tern Mann asked if Council had any questions they wished to ask of Mr. Merriott. Councilman Clayton asked if the company that owned the center was going to be company that owned the license and if the center itself had any financial interest in the license. Mr. Merriott answered negatively. Councilman Clayton asked what was the policy of the management to allow other tenants, both old and new, to apply for a liquor license. Mr. Merriott stated the blank unilateral pro- hibition that has been in effect at the center is no longer in existence and it would not be a "carte blanche" to anyone who wants to serve liquor nor is it a unilateral prohibition. Mr. Merriott stated the management would scrutinize each request based on its own merit and what would make sense for the overall merchandise mix of the center. Mr. Clayton asked if management was in receipt of other requests either from present tenants or ~rospective ones. Mr. Merriott stated there has been some dis-cussion with Franz Hummel. Councilman Williams stated Council would hear applications separately and consider each license on its own merit, what some- body is intending to do is irrelevant. Mayor Pro Tern Mann asked if anyone who might be opposed to the issuance of the license had any questions to ask of Mr. Merriott. There was no response. The se cond witness, Jack Penfield, 109 East Crossroads, Stanford, Connecticut, appeared before Council to answer questions from Mr . Criswell. Mr. Criswell submitted Applicant's Exhibit 2 which was a copy of the applicant's floor plan. Mr . Criswell questioned Mr. Penfield regarding his per- sonal and business background. Mr. Penfield provided information, gave response to his affilitation with the corporation Jack Field, Inc . and gave reasons why he was applying for the license. Mr. Penfield described the proposed location in Cinder Alley and the floor plan of the restaurant referring to the map submitted as Applicant 's Exhibit 2. Mr. Criswell submitted Applicant's Exhibit 3, the pre- -iminary menu for the restaurant. Mr. Penfield stated it would not be a fast food restaurant, food will be prepared on site. Mr. Penfield stated there would be no entertainment and the hours would be those of the mall. • I • • Ju l y 16 , 1 979 Page S .. • • • Mr. Criswell stated he had no further ques tions t o ask of Mr. Penfield. Mayor Pro Tern Mann asked if Council had any que stions to ask Mr. Penfield. Councilman Smith asked Mr. Penfield what type of security was being planned in regard to keeping people from handing drinks out from the sidewalk area to the mall. Mr. Penfield stated there would be a barrier between the corridor and the tables themselves. Mr. Smith stated he was concerned about somebody walking by who is under age and being handed a drink. Mr. Penfield stated he was keenly aware of the penalties associated with that happening and he and his staff would be doubly on guard to prevent it. Councilman Clayton asked Mr. Penfield if he had plans either with real estate people or the management of the center to expand his business at the center. Mr. Penfield stated he did not. There were no further questions from Council. Mayor Pro Tern Mann asked if anyone in the audience had questions to ask of Mr. Penfield. There was no response. The third witness, Shirl Werber, 1515 Monroe Street, Denver, appeared before Council. Mr. Werber stated he was Presi- dent of Investigative Services and one of the services he performed was circulating petitions for liquor licenses. Mr. Criswell submitted Applicant's Exhibit 4 which was a l e tter from Mr. Criswell to Mr. Werber requesting his firm t o c i rculate petitions in the designated n e ighborhood on behalf of th e a pp l icant. Mr. Criswell d i s c us se d wi th Mr. Werber the format , manner in which the petitions we r e circulated and the res u lts ob t a i ned from the survey. Mr. Criswell submitted Appl i - cant's Ex h i b i ts 5, 6, and 7 -the t hre e t ypes of petitions that were circul ated ; and Applicant's Exh i bi t 8 -the summarized re- sults of t he survey. The resul t s re f lec te d that the needs and desires wer e not being met. There were no questions from Council. There were no questions from the audience. Mr. Werber was excused from the hearing. The fourth witness, Mr. Jay Gould, manager of Joslin's Department Store, 701 West Hampden Avenue, appeared befor e Council • • I • • • • • • July 2 3 , 1 979 Page 6 Mr. Gould stated he was also the President of Englewood Merchants As soc ia tion of Cinderella City . Mr. Gould read a letter from the Association supporting the applicant's request for a liquor license. Councilman Clayton asked Mr. Gould if Council could as- sume the letter carried the unanimous support of the Merchants Association. Mr. Gould stated at their last meeting, the motion to fully support Jack Field, Inc., was voted on favorably and un-amiously. There were no further questions from Council. There were no questions from the audience. Mr. Criswell stated he had no further evidence to pre- sent and requested permission to give closing remarks if any opposition or opposing evidence was presented. Mayor Pro Tern Mann asked if there was anyone else in the audience wishing to speak in favor of the license. No one responded. Council. Mayor Pro Tern Mann asked Max Scott to appear before Mr. Max Scott, Oedipus, Inc., 1200 Pearl, Boulder, Colorado, appeared before Council and was sworn in by the Clerk. City Attorney Berardini questioned Mr. Scott regarding his affiliation with Oedipus, Inc. and his association with the City to petition the needs and desires of the neighborhood in re- lationship to the subject liquor application. Mr. Scott provided information and gave responses. Mr. Scott discussed his report and stated the results indicated that the needs and desires are not being met. Mr. Scott sta ted h is report has been submitted as City Exhibit B and the petitions themselves have been submitted as City Exhibits C (1) through (7). City Attorney Berardini asked if the applicant had had time to review the results. Mr. Scott stated he presumed they had; the materials were turned in on July 16, 1979. Mr. Scott answered questions from Councilman Clayton concerning the tabulations of his report. There were no further questions from Council. Mayor Pro Tern Mann asked Mr. Criswell if he had any questions to ask of Mr. Scott. Mr. Criswell asked it was fair • I • { • July 23, 1979 Page 7 • • • to state that the results indicate approximately four times the number of persons that expressed themselves in this manner, ex- pressed themselves in favor. Mr. Scott stated that was true in terms of needs and desires. There were no questions from the audience. There was no one in the audience wishing to speak in opposition of the application. Mayor Pro Tern Mann asked Mr. Criswell if he wanted to make a final statement. Mr. Criswell stated he had no remarks to make. COUNCILMAN SMITH MOVED TO CLOSE THE PUBLIC HEARING. Coun- cilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absent: Council Members Clayton, Williams, Smith, Harper, Mann. None. Council Member Taylor. The Mayor Pro Tern declared the motion carried. Mayor Pro Tern Mann stated Council would consider all testimony presented and make a decision within thirty days. * * * * * * Mayor Pro Tern Mann declared a recess at 8 :10 p.m. The Council reconvened at 8:20 p.m. Mayor Pro Tern Mann asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Smith, Harper, Clayton, Mann. Absent: Council Member Taylor. The Mayor Pro Tern Mann declared a quorum present. * * * * * * Mayor Pro Tern Mann stated the purpose of the next publ i c hearing was to consider a request for a 3.2 beer license -on pre- mises for Colorado Pizza Corporation dba Mr. Gatti's, 225 East Jef-ferson. • I • ...... • July 16, 1979 Page 8 • • • COUNCILMAN WILLIAMS MOVED TO OPEN THE PUBLIC HEARING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Williams, Smith, Harper, Mann. None. Council Member Taylor. The Mayor Pro Tern declared the motion carried. Eric Johannisson, Revenue Chief/Deputy City Clerk, ap- peared before Council and was sworn in. Mr. Johannisson presented the application from the Colorado Pizza Corporation dba Mr. Gatti's, 225 East Jefferson. Mr. Johannisson submitted the following docu-ments: City's Exhibit A: 1. 2. 3. 4. s. 6. The application on the state forms. a. Notice of Public Hearing published on June 20, 1979, in the Englewood Sentinel. b. Letters to Mr. John O'Dell, Colorado Pizza Corporation, dated July 13, 1979, which is required by the Colorado State Statute in- dicating that the City of Englewood had received the application and was in order. Personal history forms for the corporate of- ficers and the stockholders of the corporation, one of which is not an officer of the corpora- tion, police investigation report, employment histories, and financial statements for each one of the officers and directors. Letters of reference for each person. Corporate records including certificate of incorporation, articles of incorporation and by laws, minutes of the corporate meeting electing the officers and a facsimile of the stock certificate. Documents relating to the right of the property to the applicant. Floor plan of the proposed location. • I • ( ( • • • - July 23, 1979 Page 9 7. 8. Financial affadavit and financial statement of the corporation. A map indicating the neighborhood prescribed by Council for petitioning and similar out- lets in a one-mile radius. City's Exhibit Band City's Exhibit C (1) through (6): 9. 10. Petitioning report prepared by Oedipus, Inc. and the petitions that were circulated and completed by Oedipus, Inc. Not included in Council's packet, but re- ceived this week in the City Clerk's office, a letter from John O'Dell relating to the re- cent death of one of major stockholders, Mr. John Murchison. Max Scott, Oedipus, Inc., 1200 Pearl, Boulder, appeared before Council and was sworn in by the Clerk. Mr. Scott answered questions posed by the City Attorney regarding his personal back-~ ground. Mr. Scott stated he was commissioned by the City of Engle- wood to petition the designated neighborhood to determine if the needs and desires were being met regarding the liquor application for Col- orado Pizza Corporation. Mr. Scott discussed the manner in which the petitions were circulated and the results obtained from the survey. Mr. Scott stated the results indicated the people felt the needs and desires are not being met. Mr. Scott identified his report as City Exhibit Band the petitions as City Exhibit C (1) through (6). time. There were no further questions of Mr. Scott at this tion. Mayor Pro Tern Mann asked for the applicant's presenta- Mr. John O'Dell, 10700 East Dartmouth, Apartment F-203, Denver, appeared before Council and was sworn in by the Clerk. Mr. John O'Dell stated he was Vice President of Operations for the Colorado Pizza Corporation dba Mr. Gatti's. Mr. O'Dell stated the corporation's attorney, Mr. Charles Hillsteadt , was present if Council had any legal questions. Mr. John O'Dell presented the application, discussed the background of Mr. Gatti's, the concept of the restaurant, the needs and desires of the area that were found, and the control and dis- pensing of 3.2 beer in the restaurant • • I • • ....... • • • - July 2 3, 1979 Page 10 Mr. O'Dell submitted Applicant's Exhibit A, a photograph of a Mr. Gatti's restaurant interior, and Applicant's Exhibit B, the menu. Mr. O'Dell stated he had some witnesses present to give testimony regarding the application. Mr. Raymond H. Ball, owner of Tender Lean Meats, 295 East Jefferson, appeared before Council and was sworn in by the Clerk. Mr. O'Dell asked Mr. Ball several questions relative to the proposed restaurant and the liquor application. Mr. Ball stated in his opinion he felt the needs and desires of the area for a restaurant serving 3.2 beer were not being satisfied at the present time. Mr. Ball stated he frequently drives to Littleton to a restaurant so he can get quick service and it takes too long in some of the area restaurants to get waited on. Mr. Ball stated he would patronize Mr. Gatti's. There were no questions from Council nor the audience to ask of Mr. Ball. Ms. Natashia Nolan, 13200 East Glendale Place, Aurora, appeared before Council and was sworn in by the Clerk. Ms. Nolan stated she was the owner of Hair Flair Beauty Salon located in the Dry Creek Shopping Center where the proposed Mr. Gatti's will be located. Mr. O'Dell asked Ms. Nolan several questions relative to the proposed restaurant and the liquor application. Ms. Nolan stated she felt the needs and desires of the neighborhood were not being met and she would patronize the restaurant. There were no questions from Council nor the audience to ask of Ms. Nolan. Mr. William Honeyman, 3226 South Sherman, appeared before Council and was sworn in by the Clerk. Mr. O'Dell asked Mr. Honeyman several questions relative to the proposed restaurant and the liquor application. Mr. Honeyman stated he felt the needs and desires of the neighborhood were not being met and he would like to see Mr. Gatti's granted a 3.2 beer license. Mr. Honeyman stated he and his wife have to drive some distance to find a good pizza restaurant especially one that serves beer. Mr. Honeyman stated he and his family would patronize the restaurant. There were no questions from Council nor the audience to ask of Mr. Honeyman. Mr. O'Dell gave closing remarks. Mayor Pro Temm Mann asked if there were any questions fr om Council to ask of Mr. O'Dell. • I • ( • • • • July 23, 1979 Page 11 Councilman Clayton asked Mr. O'Dell who now owned the stock since the event of Mr. Murchison's death. Mr. O'Dell stated Mr. McClennahan the other stock holder would be better able to answer the question. Mr. O'Dell stated Mr. McClennahan was in the audience and requested Council's permission to let him appear, Mayor Pro Tern Mann granted permission. Mr. Lee McClennahan, office address 7100 Broadway, Denver, appeared before Council and was sworn in by the Clerk. Mr. McClen- nahan stated the estate of Mr. John D. Murchison now owns the shares. In response to Councilman Clayton's further questioning, Mr. McClen- nahan stated stock was owned by Mr. Murchison in another restaurant now under construction in Arapahoe County. Mr. McClennahan stated he was planning to live in the area and recently purchased a home at 2185 Stony Hill Road, Boulder, Colorado. There were no further questions from Council. Mr. Charles Hillsteadt, of the law firm DeMuth, Eiberger, Kemp & Backus, Western Federal Savings Building, Denver, attorney for Mr. Gatti's, appeared before Council. Mr. Hillsteadt explained the ownership of Mr. Gatti's and the franchise agreement in Colorado which Mr. McClennahan will manage in the state. He stated Mr. Murchison's estate has been formalized and the court has appointed executors. In response to City Attorney Berardini's question, Mr. Hillsteadt stated to the best of his knowledge either of the exec-utors may sign for the estate. City Attorney Berardini stated the City and the State Liquor Division may need additional information and asked if Mr. Hillsteadt could provide whatever information will be needed. Mr. Hillsteadt stated he would be willing to provide all the documen-tation either agency might need. In response to Council's questions, Mr. O'Dell discussed the anticipated opening date, the planned on-premise management to insure that beer would not be served to minors and what steps would be taken in case of emergencies. audience. There were no further questions from Council or the Mayor Pro Tern Mann asked if there was anyone in the audience wishing to speak in favor of the application. There was no response. • I • - 0 • • July 23, 1979 Page 12 • • • Mayor Pro Tern Mann asked if there was anyone in the audience wishing to speak against the application. There was no response. There were no closing remarks from the applicant. COUNCILMAN HARPER MOVED TO CLOSE THE PUBLIC HEARING. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays: Absent: Council Members Clayton, Williams, Smith, Harper, Mann. None. Council Member Taylor. The Mayor Pro Tern Mann declared the motion carried, * * * * * * Mayor Pro Tern Mann stated Council would make a decision concerning the application within 30 days and adjourned the meeting without a vote a 9:05 p.m. J ·~rf?J~ ~ City Cler • I • • ( ( • • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO July 23, 1979 SPECIAL MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on July 23, 1979, at 7 :00 p.m. order. Mayor Pro Tern Mann, presiding, called the meeting to The invocation was given by Councilman Donald Smith. The Pledge of Allegiance was led by Mayor Pro Tern Mann. Mayor Pro Tern Mann asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Smith, Harper, Clayton, Mann. Absent: Council Member Taylor. The Mayor Pro Tern declared a quorum present. * * * * * * Also present were: Assistant City Manager Curnes City Attorney Berardini Deputy City Clerk Johannisson Deputy City Clerk Watkins * * * * * * lb Mayor Pro Tern Mann stated the purpose of the special meeting was to hold a public hearing to consider the request for a hotel/restaurant license for Jack Field, Inc., 701 West Hampden Avenue. * * * * * * COUNCILMAN WILLIAMS MOVED TO OPEN THE PUBLIC HEARING. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Clayton, Williams, Smith, Harper, Mann. None. • , I • • J uly 23 , 19 79 Pa ge 2 Absen t : • • • Council Member Taylor. Th e Mayor Pro Tern Mann declare d the motion carried. Eric Johannisson, Revenue Chief/Deputy City Clerk, ap- peared before Council and was sworn in. On behalf of the City, Mr. Johannisson presented the application from Jack Field, Inc., for a hotel/restaurant liquor license to b~ located at 701 West Hamp- ~en Avenue which is Cinderella City. The specific location will be down in the Cinder Alley across from Penn e ys. Mr. Johannisson submitted the following items: City's Exhibit A: l. 2. 3. 4. s. 6. 7. 8. 9. The application on the state forms. a. Notice of Public He aring published June 20, 1979 in the Englewood Sentinel. b. Let t ers dated July 13, 1979, which were mailed to the applicant and required by ~tate statute indicating that the appli- cation had been received and was in order. Personal data forms on officers of the cor- poration and the police investigation report. Letters of reference o r the officers of the corporation. Corporate records including certificate of incorporation, art i cles of incorporation, minutes of t he meeting electing the officers. Not i ncluded in Coun ci l's packet, but r e ceive d this week in th e City Clerk's office and will be included i n any correspondence with the stat e , is the stock certi f icat e . Documents stating that the corporation has right to the property. Layout plans for the proposed locat i on. Financial affadavits and financial report. A map indicating other s i milar outle t s i n a two-mile radius. • 0 I • • ( • July 23, 1979 Page 3 • • - City 's Exhibit Band C (1) through (7): 10. Petitioning report made by Oedipus, Inc. and the petitions that were circulated and com-yleted. Mayor Pro Tern Mann asked for the presentation by the applicant. Mr. John Criswell, 3780 South Broadway, attorney for the applicant appeared before Council. Mr. Criswell stated he received the petitioning report from Oedipus, Inc. Mr. Criswell submitted Applicant's Exhibit l which was the affidavit of post- ing. Mr. Criswell stated he wanted to present several witnesses and requested that they all be sworn in simultaneously. COUNCILMAN SMITH MOVED TO SWEAR IN THE WITNESSES AT THE SAME TIME. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent: Council Members Clayton, Williams, Smith, Harper, Mann. None. Council Member Taylor. The Mayor Pro Tern Mann declared the motion carried. The Clerk administered the oath to four witnesses. The first witness , Mr. Thomas Merriott, manager of Cin- uerella City, 701 W. Hampden Ave ., appeared before Council . Mr. Criswell questioned Mr. Merriott regarding his personal and busi- .. ess background. Mr. Merriott provided information and gave re- sponses to his affiliation with the center. Mr. Criswell question- -d Mr. Merriott regarding the operation of the center. Mr. Merriott provided information concerning the occupancy, number of tenants, number of employees, gross sales and approximate number of people who visit the center per week. In response to Mr. Criswell's further questioning, Mr. Merriott stated the center is unique in that it does not have a restaurant where alcoholic beverages are served and is the exception rather than the rule based upon his experience and exposure to shopping centers. Mr. Merriott stated there is a definite need for a restaurant that serves liquor in the center based on the volume of customers that the center serves. The center has to compete with other centers in the region which offer the sell of alcoholic beverages in conjunction with food as a part of their merchandise mix and at the present time, the center is not able to do so. • I • • Ju ly 16, 1979 Page 4 • • - Mayor Pro Tern Mann asked if Council had any questions they wished to ask of Mr. Merriott. Councilman Clayton asked if the company that owned the center was going to be company that owned the license a nd if the center itself had any financial interest in the license. Mr. Merriott answered negatively. Councilman Clayton asked what was the policy of the management to allow other tenants, both old and new, to apply for a liquor license. Mr. Merriott stated the blank unilateral pro- hibition that has been in effect at the center is no longer in existence and it would not be a "carte blanche" to anyone who wants to serve liquor nor is it a unilateral prohibition. Mr. Merriott stated the management would scrutinize each request based on its own merit and what would make sense for the overall merchandise mix of the center. Mr. Clayton asked if management was in receipt of other requests either from present tenants or prospective ones. Mr. Merriott stated there has been some dis- cussion with Franz Hummel. Councilman Williams stated Council would hear applications separately and consider each license on its own merit, what som e- body is intending to do is irrelevant . Mayor Pro Tern Mann asked if anyone who might be opposed to the issuance of the license had any questions to ask of Mr. Merriott. There was no response. The second witness, Jack Penfield, 109 East Crossroads, Stanford, Connecticut, appeared before Council to answer questions from Mr. Criswell. Mr. Criswell submitted Applicant's Exhibit 2 which was a copy of the applicant's floor plan. Mr. Criswell questioned Mr. Penfield regarding his per- sonal and business background. Mr. Penfield provided information, gave response to his affilitation with the corporation Jack Field, Inc. and gave reasons why he was applying for the license. Mr. Penfield described the proposed location in Cinder Alley and the floor plan of the restaurant referring to the map submitted as Applicant's Exhibit 2. Mr. Criswell submitted Applicant's Exhibit 3, the pre-~iminary menu for the restaurant. Mr. Penfield stated it would not be a fast food restaurant, food will be prepared on site. Mr. Penfield stated there would be no entertainment and the hours would be those of the mall. • I • • - ( ( • July 16, 1979 Page 5 • • - Mr. Criswell stated he had no further questions to ask of Mr. Penfield. Mayor Pro Tern Mann asked if Council had any questions to ask Mr. Penfield. Councilman Smith asked Mr. Penfield what type of security was being planned in regard to keeping people from handing drinks out from the sidewalk area to the mall. Mr. Penfield stated there would be a barrier between the corridor and the tables themselves. Mr. Smith stated he was concerned about somebody walking by who is under age and being handed a drink. Mr. Penfield stated he was keenly aware of the penalties associated with that happening and he and his staff would be doubly on guard to prevent it, Councilman Clayton asked Mr. Penfield if he had plans either with real estate people or the management of the center to expand his business at the center. Mr. Penfield stated he did not. There were no further questions from Council. Mayor Pro Tern Mann asked if anyone in the audience had questions to ask of Mr. Penfield. There was no response. The third witness, Shirl Werber, 1515 Monroe Street, Denver, appeared before Council. Mr. Werber stated he was Presi- dent of Investigative Services and one of the services he performed was circulating petitions for liquor licenses. Mr. Criswell submitted Applicant's Exhibit 4 which was a letter from Mr. Criswell to Mr. Werber requesting his firm to circulate petitions in the designated neighborhood on behalf of the applicant. Mr. Criswell discussed with Mr. Werber the format, manner in which the petitions were circulated and the results obtained from the survey. Mr. Criswell submitted Appli- cant's Exhibits 5, 6, and 7 -the three types of petitions that were circulated; and Applicant's Exhibit 8 -the summarized re- sults of the survey. The results reflected that the needs and desires were not being met. There were no questions from Council. There were no questions from the audience. Mr. Werber was excused from the hearing. The fourth witness, Mr. Jay Gould, manager of Joslin's Department Store, 701 West Hampden Avenue, appeared before Council • • I • • • July 23, 1979 Page 6 • • • 0 Mr. Gould stated he was also the President of Englewood Merchants Association of Cinderella City. Mr. Gould read a letter from the Association supporting the applicant's request for a liquor license. Councilman Clayton asked Mr. Gould if Council could as- sume the letter carried the unanimous support of the Merchants Association. Mr. Gould stated at their last meeting, the motion to fully support Jack Field, Inc., was voted on favorably and un-amiously. There were no further questions from Council. There were no questions from the audience. Mr. Criswell stated he had no further evidence to pre-sent and requested permission to give closing remarks if any opposition or opposing evidence was presented. Mayor Pro Tern Mann asked if there was anyone else in the audience wishing to speak in favor of the license. No one responded. Council. Mayor Pro Tern Mann asked Max Scott to appear before Mr. Max Scott, Oedipus, Inc., 1200 Pearl, Boulder , Colorado, appeared before Council and was sworn in by the Clerk. City Attorney Berardini questioned Mr. Scott regarding his affiliation with Oedipus, Inc. and his association with the City to petition the needs and desires of the neighborhood in re- lationship to the subject liquor application. Mr. Scott provided informati on and gave responses. Mr. Scott discussed his report and stated the results indicated that the ne eds and desires are not being met. Mr. Scott stated his report has been submitted as City Exhibit B and the petitions themselves have been submitted as City Exhibits C (1) through (7). City Attorney Berardini asked if the applicant had had time to review the results. Mr. Scott stated he presumed they had; the materials we re turned in on July 16, 1979. Mr. Scott answered questions from Councilman Clayton concerning the tabulations of his report. There were no further questions from Council. Mayor Pro Tern Mann asked Mr. Criswell if he had any questions to ask of Mr. Scott. Mr. Criswell asked it was fair • I • - ( • July 23, 1979 Page 7 • • • to state that the results indicate approximately four times the number of persons that expressed themselves in this manner, ex- pressed themselves in favor. Mr. Scott stated that was true in terms of needs and desires. There were no questions from the audience. There was no one in the audience wishing to speak in opposition of the application. Mayor Pro Tern Mann asked Mr. Criswell if he wanted to make a final statement. Mr. Criswell stated he had no remarks to make. COUNCILMAN SMITH MOVED TO CLOSE THE PUBLIC HEARING. Coun- cilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Williams, Smith, Harper, Mann. None. Council Member Taylor. The Mayor Pro Tern declared the motion carried. Mayor Pro Tern Mann stated Council would consider all testimony presented and make a decision within thirty days. * * * * * * Mayor Pro Tern Mann declared a recess at 8:10 p.m. The Council reconvened at 8:20 p.m. Mayor Pro Tern Mann asked for roll call. Upon a call of the roll, the following were present : C0uncil Member.s Williams, Smith, Harper, Clayton, Man n. Absent : Council Member Taylor. The Mayor Pro Tern Mann declared a quorum present. * * * * * * Mayor Pro Tern Mann stated the purpose of the next public hearing was to consider a request for a 3.2 beer license -on pre- mises for Colorado Pizza Corporation dba Mr. Gatti's, 225 East Jef-ferson. • I • • • July 16, 1979 Page 8 • • • COUNCILMAN WILLIAMS MOVED TO OPEN THE PUBLIC HEARING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays: Absent: Council Members Clayton, Williams, Smith, Harper, Mann. None. Council Member Taylor. The Mayor Pro Tern declared the motion carried. Eric Johannisson, Revenue Chief/Deputy City Clerk, ap- peared before Council and was sworn in. Mr. Johannisson presented the application from the Colorado Pizza Corporation dba Mr. Gatti's, 225 East Jefferson. Mr. Johannisson submitted the following docu-ments: City's Exhibit A: 1. 2 . 3. 4. 5. 6. The application on the state forms. a. Notice of Public Hearing published on June 20, 1979, in the Englewood Sentinel. b. Letters to Mr. John O'Dell, Colorado Pizza Corporation, dated July 13, 1979, which is required by the Colorado State Statute in- dicating that the City of Englewood had received the application and was in order. Personal history forms for the corporate of- ficers and the stockholders of the corporation, one of which is not an officer of the corpora- tion, police investigation report, employment histories, and financial statements for each one of the officers and directors. Letters of reference for each person. Corporate records including certificate of incorporation, articles of incorporation and by laws, minutes of the corporate meeting electing the officers and a facsimile of the stock certificate. Documents relating to the right of the property to the applicant. Floor plan of the proposed location • • I • • • • • July 23, 1979 Page 9 7. 8. Financial affadavit and financial statement of the corporation. A map indicating the neighborhood prescribed by Council for petitioning and similar out- lets in a one-mile radius. City's Exhibit Band City's Exhibit C (1) through (6): 9. 10. Petitioning report prepared by Oedipus, Inc. and the petitions that were circulated and completed by Oedipus, Inc. Not included in Council's packet, but re- ceived this week in the City Clerk's office, a letter from John O'Dell relating to the re- cent death of one of major stockholders, Mr. John Murchison. Max Scott, Oedipus, Inc., 1200 Pearl, Boulder, appeared before Council and was sworn in by the Clerk. Mr. Scott answered questions posed by the City Attorney regarding his personal back-ground. Mr. Scott stated he was commissioned by the City of Engle- wood to petition the designated neighborhood to determine if the needs and desires were being met regarding the liquor application for Col- orado Pizza Corporation. Mr. Scott discussed the manner in which the petitions were circulated and the results obtained from the survey. Mr. Scott stated the results indicated the people felt the needs and desires are not being met. Mr. Scott identified his report as City Exhibit Band the petitions as City Exhibit C (1) through (6). time. There were no further questions of Mr. Scott at this tion. Mayor Pro Tern Mann asked for the applicant's presenta- Mr. John O'Dell, 10700 East Dartmouth, Apartment F-203, Denver, appeared before Council and was sworn in by the Clerk. Mr. John O'Dell stated he was Vice President of Operations for the Colorado Pizza Corporation dba Mr. Gatti's. Mr. O'Dell stated the corporation's attorney, Mr. Charles Hillsteadt, was present if Council had any legal questions. Mr. John O'Dell presented the application, discussed the background of Mr. Gatti's, the concept of the restaurant, the needs and desires of the area that were found, and the control and dis- pensing of 3.2 beer in the restaurant • • I • • • • • Jul y 2 3, 1 979 Page 10 Mr. O'Dell submitted Applicant's Exhibit A, a photograph o f a Mr. Ga t ti's restaurant interior, and Applicant's Exhibit B, the menu. Mr. O'Dell stated he had some witnesses present to give testimony regarding the application. Mr. Raymond H. Ball, owner of Tender Lean Meats, 295 East Jefferson, appeared before Council and was sworn in by the Clerk. Mr. O'Dell asked Mr. Ball several questions relative to the proposed restaurant and the liquor application. Mr. Ball stated in his opinion he felt the needs and desires of the area for a restaurant serving 3.2 beer were not being satisfied at the present time. Mr. Ball stated he frequently drives to Littleton to a restaurant so he can get quick service and it takes too long in some of the area restaurants to get waited on. Mr. Ball stated he would patronize Mr. Gatti's. There were no questions from Council nor the audience to ask of Mr. Ball. Ms. Natashia Nolan, 13200 East Glendale Place, Aurora, appeared before Council and was sworn in by the Clerk. Ms. Nolan stated she was the owner of Hair Flair Beauty Salon located in the Dry Creek Shopping Center where the proposed Mr. Gatti's will be located. Mr. O'Dell asked Ms. Nolan several questions relative to the proposed restaurant and the liquor application. Ms. Nolan stated she felt the needs and desires of the neighborhood were not being met and she would patronize the restaurant. There were no questions from Council nor the audience to ask of Ms . Nolan. Mr. William Honeyman, 3226 South Sherman, appeared before Council and was sworn in by the Clerk. Mr. O'Dell asked Mr. Honeyman s e veral questions relative to the proposed restaurant and the liquor application. Mr. Honeyman stated he felt the needs and desires of the neighborhood were not being met and he would like to see Mr. Gatti's granted a 3.2 beer license. Mr. Honeyman stated he and his wife have to drive some distance to find a good pizza restaurant especially one that serves be e r. Mr. Honeyman stated he and his family would patronize the restaurant. There were no questions from Council nor the audience to ask of Mr. Honeyman. Mr. O'Dell gave closing remarks. Mayor Pro Temm Mann asked if there were any questions f rom Council to ask of Mr. O'Dell. • I • • • • • - July 23, 1979 Page 11 Councilman Clayton asked Mr. O'Dell who now owned the stock since the event of Mr. Murchison's death. Mr. O'Dell stated Mr. McClennahan the other stock holder would be better able to answer the question. Mr. O'Dell stated Mr. McClennahan was in the audience and requested Council's permission to let him appear. Mayor Pro Tern Mann granted permission. Mr. Lee McClennahan, office address 7100 Broadway, Denver, appeared before Council and was sworn in by the Clerk. Mr. McClen- nahan stated the estate of Mr. John D. Murchison now owns the shares. In response to Councilman Clayton's further questioning, Mr. McClen- nahan stated stock was owned by Mr. Murchison in another restaurant now under construction in Arapahoe County. Mr. McClennahan stated he was planning to live in the area and recently purchased a home at 2185 Stony Hill Road, Boulder, Colorado. There were no further questions from Council. Mr. Charles Hillsteadt, of the law firm DeMuth, Eiberger, Kemp & Backus, Western Federal Savings Building, Denver, attorney for Mr. Gatti's, appeared before Council. Mr. Hillsteadt explained the ownership of Mr. Gatti's and the franchise agreement in Colorado which Mr. McClennahan will manage in the state. He stated Mr. Murchison's estate has been formalized and the court has appointed executors. In response to City Attorney Berardini's question, Mr. Hillsteadt stated to the best of his knowledge either of the exec- utors may sign for the estate. City Attorney Berardini stated the City and the State Liquor Division may need additional information and asked if Mr. Hillsteadt could provide whatever information will be needed. Mr. Hillsteadt stated he would be willing to provide all the documen- tation either agency might need. In response to Council's questions, Mr. O'Dell discussed the anticipated opening date, the planned on-premise management to insure that beer would not be served to minors and what steps would be taken in case of emergencies. audience. There were no further questions from Council or the Mayor Pro Tern Mann asked if there was anyone in the audience wishing to speak in favor of the application. There was no response. • I • • • J ul y 23, 1 979 Page 12 • • • Mayor Pro Tern Mann asked if there was anyone in the audience wish i ng to speak against the application. There was no r e sponse. There were no closing remarks from the applicant. COUNCILMAN HARPER MOVED TO CLOSE THE PUBLIC HEARING. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays : Absent : Council Members Clayton, Williams, Smith, Harper, Mann. None. Council Member Taylor. The Mayor Pro Tern Mann declared the motion carried. * * * * * * Mayor Pro Tern Mann stated Council would make a decision concerning the application within 30 days and adjourned the meeting without a vote a 9:05 p.m. ~~µ~ ,e city cer • '• I • • ( - (2£ & ~. ,_, --. - ~~ ~:~;;=.:.;:a Hoved S d d econ e Wi 11 iams 1.1 .. t.. .... ~mit n Harn!!!__ Clavton Mann ROLL CALL A lVe Mayor Ta y_'_9 r . ~ 111~ -~ ~~ • • I • • • • Nav • Abstafn Absent -~- I . • • • • .. --· + ROLL CA LL H ed S d d A N ov econ e 1ve av Abstain bsent W1111ams v A w...i.-. ::>m1t:n &,..- ~farnu__ ,.._ Cla~ton v- Mann ,._. Mayor Ta y_l,E r ,..._ d_if I • • • • • - • • -r ----.. ROLL CAL L '9oved Seconded Ave Nav Abstain Absent ,,,. W1111ams ,_ w.a- ~ftn ,_ ,_.. u,. .. n .... v- Clavton " ,,,,__ Mann ,_..... Mavor Ta v_1~r ·- 1~ ~ \fa1d • • I . • • • • • • -_~:_~---- ROLL CALL H ed S dd A ov econ e we av s n sen Will 1am~ N Ab taf Ab t 1.1 .. h .... ;)lllltn MllrDPr Clavton Mann Mavor Ta·~•_9r 0~ , ~ &) ~ ' / ~~ ~ f !J 5. ~ r~ . ~-it; ~'/(!4 I . • • • • • ' ;;; -----;------_:___..;;..__ _ _,,_ - ROLL CAL L Moved Seconded Ave Nav Abstafn bsent Will 1ami; Y-A -~ ;)lllltn ,_ .._ Harn~r £..-Clayton ,,..-- Mann ,_ Mavor ray_1 or i..---- ~ ~ . I . • -.-• - . .. • • • -----~ ;:, -~---,_ =~--------=~_.:::;; ROLL CALL Moved Seconded A e Na Abstain Absent I . • • • - • • ---~-~" ~---~~--=~..= --~. -- ROLL CALL Moved Seconded Ave Nav Abs ta in Absent Will 1ams •-•~'-~- Smitn Harn!U:._ Clavton Mann Mayor la1_1_9r ~ -~/( ~o -65% ¥ v~ -~~· TY)~ -~~&e ~ f_-Cb jJl'df -3ey~/Z. -I~ fA ~D•l? wniJ. ~r ~~,~ ~ &u-JI . ~ . -.,.. 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Mann -Mayoria'l:.Er t.-- I . • - Moved Seconded • • • ROLL CALL A e Na Abstain Absent ~l . {)'dift ~Dr£~ F~B/)3, ~ ~ChJ,_ fu~~ Er\~~ ~p~ '-'f{;J..11~~ -~~~ (jAbJ -~ 6/ /) ~ . -___,,--l-~ ~:d.Jf -~,.:__/ ~ ~QP /'CV·~ • I . • • • • ~----·~-- ROLL CAL L Hoved Seconded A e Na Abs ta f n Absent I . • • - • • RO LL CALL Moved Seconded A e Na Abstafn Absent I . • • -• • ROLL CALL Moved s nd eco ed Ave Nav Abstain Absent --I Wi 11 h mi; uft>,.,,. !)m1 t n H>trlltt_ Clavton Mann """'P.avor Tay_1_9r ~ ~~~ -~ /,aA-'{5~ 00 ~ -~ l~~{P ~-r ~ r ~ . ~1~~ /YU ~~ (h.L~~ ~i.u~ ~· I . • ~~ ~~ • • • • ROLL CALL I • • • D • • • 0 ROL L CAL L Moved Seconded v= Ive Nav Abstafn Absent Wi 11 i am.c; v A ... _.__ -sman '-lfarni:r._ ,_ Clavton .J-. ~ Mann i ~ May or Ta1_1_E r J~ I . . • - t ( • • (( • • • • AGENDA FOR THE PUBLIC HEARING OF THE ENGLEWOOD CITY COUNCIL JULY 23, 1979 ( 7 :30 P .M. Call to order, invocation, pledge of allegiance , and roll call . 1. Public Hearings. (a) To consider a request for a Hotel/Restaurant License -Beer, Wine, Liquor for Jack Field Inc., 701 West Hampden Avenue, Cinderella City - Cinder Alley. (Copies enclosed .) (b) To consider a request for a 3 .2 Beer License - On Premises for Colorado Pizza Corpora tion d/b/a Mr. Gatti's, 225 East Jefferson . (Copies enclosed.) 2. Adjournment. rM!:~ City Manager I • • - ( • • APPLICANT: • • • COUNCIL ACTION REQUEST LIQUOR AND J.2 BEER OUTLETS Jack Field, Inc. 701 W. Hampden (Cinderella City -Cinder Alley) TYPE OF ACTION REQUESTED: Public Hearing Hotel/Restaurant License -Beer, Wine, Liquor POLICE AND FBI REPORTS: Personal History questionnaires with Englewood Police Department background investigation results enclosed PREVIOUS CITY COUNCIL ACTIONS DURING PRIOR TWO YEARS, EXCLUDING ANNUAL RENEWAL: CITY ATTORNEY'S REVIEW: CCM.<ENTS: I • • • .. • DO NDf Mill/TE IN fH/S Sl'ACE-- STATE OF COLORADO DEPARTMENT OF REVENUE APPLICATION FOR A LIQUOR LICENSE fhis oppllcotlon must bt flltd with th• Colorado Liquor Enforct Division, Stott Cllpltol Anntx Building, 1375 Shtrmon Str,.t, Dtn,,.r, Colorado 80161, ttltphont (303) IJ9·3741 . No l/ctnu will bt gronttd until tht appl/<11t/on hos bt•n oppro"'d by th• I.Deel L-111 •u1tllCM'lty . IMPORTANT: CHECK THE APPROPRIATE BOX FOR THE TYPE OF LICENSE(S) BEING APPLIED FOR. THIS 15 AN ORIGINAL APPLICATION AND A COPY MUST BE KEPT IN YOUR Fl LES FOR REFERENCE WHEN APPL YING FOR RENEWAL LICENSES. 0 RETAIL LIQUOR STORE LICENSE -City 0 RETAIL LIQUOR STORE LICENSE -County 0 LIQUOR LICENSED DRUG STORE -City 0 LIQUOR LICENSED DRUG STORE -County 0 BEER •WINE LICENSE -c;ty 0 BEER • WINE LICENSE -County 0 CLUB LICENSE 0 LIMITED WINERY LICENSE 8 WINERY LICENSE 110,000 Bond Requl.,od) WHOLESALE BEER LICENSE' 0 WHOLESALE LIQUOR LIC . 1$10,000 Bond ROQulred) 0 DISTILLERY LICENSE 1$10,000 Bond Required! 0 RECT,,llR LICENSE 1$10,000 Bond Requl-l • 211 .00 • 2110.00 • 1100 .00 $1000.00 $1000.00 ,,,.,. Ii) HOTEL & RESTAURANT LtC. -C ltV • County 0 TAVERN LICENSE -City a County 0 RACE TRACK LICENSE 1177.llO 1212.llO 1177.110 SH2.llO 11112.110 1237.llO 1110.00 1301 .211 $301 .211 1301.211 1110.00 0 IMrORTER'S LICENSE 0 llRIWIRY IHIR) LICENSE 0 rUllLIC TRANSrORTATION LICENSE (tt'l•M. bus, cer) 11000.00 • 250.00 $ 2llO.OO MCI\ ...... 211 .00 ( 0 ARTS LICENSE •Moy Require Bond The undersigMd ht!nby moires appllcat/on for a state license as Indicated above, under th<! provisions of Title 12, Article 4 7, CRS 1973 as amended, and for that purpose makes the following answers to the questions contaiMd in this app//cotlon. Every applicable question must be answered. Any false answer or statement made by the applicant constitutes perjury and the person making such false statement subjects any license Issued herein to revocation. ALL ANIWERS MUST BE l'RINTED IN INK OR TYPEWRITTEN Soci•I Security No. ------------ 1. Name of Al>Pllcantlal : _J_a_c_k_F_i_e_l_d_.__I_n_c_. ________________________ _ B1A inw Tolol>hone : 212/489-8200 3 . A--of pl-to be lieonaed : CExoct Location of prtmlus must bt g/.,n. Giw atr-ond nu-. wllero P<>Ollblo . If~ to be lieonaed is located in 1 town or rurel district where it i1 imposaibfe to giw 1trwt 1nd number. the lot end ~ock number or s-n of section where lo- cated muat be giwn : Cinderella City, Cinder Alley Location No. E-1249 701 West Hampden Avenue 4 . City or town : _.E,.n..,.io.1...,e.,w,....o.,o,d..._ _________ zip Codo=-----County: Arapahoe Coto. Moiling,._, 65 West 55th Street New Yark New York j Zip Codo : ] 00] 9 5 . Do you -logol ~on of tllo premi-for which thia oPPlicotlon for licenae ia ,,,_? 6i YES 0 NO 6 . Aro tho premiw 0 OWNED 1111 RENTl:D I II rented, from wllom: Capital Al 1 j ance Corp 7 . la opplicont(al or oll olficon of tllo corpomion citizon(al of tho Un ited Ste1esl Ill YES 0 NO 8 . II. If •ntwlf 11 no, etve A1ten•1 Rett1tr1tton Cnd No. It the mppticent , or env of the pwtnefl or office"L,. ttockholdln or d lrecton of Mid applicant (if 1 corporat i on ~ o r employees of 1ny auch under tho ego of t-nty-ono y-11 0 YES 11W NO Hoa tho oPPlicont, or onv of tho pen_. or ofllcon, atockholden or d lrocton of aoid opplicont (if o corporotionl -r been convicted of• a-ime In the atoto of Colorodo or 01-.1 0 YES 1111 NO If 1n1Vt18f' it yn, 1t1t1 full dlmll1: -------------------------------------- 10. Hoa the oPPlicont, or ony of tho port-• or officers, directors or atockholders of aoid oPPlicont (if o corporotionl -= (ol been denied o lieonlO undor thia liquor 1-1 0 YES Kl NO ( (bl hod on olcoholic -• llcenao auopondod or rovokedl 0 YES l!!I NO II en•-iav•. oxP..in (1tt8Ch -•to "-t if n~I : ----------------------------- 11 . Aro thooo pr.-now liconod undor tho Slit• Liquor Low or a-Codol 0 YU l!!l NO • 11 ona-layes, to wllom la tllo !icon• i11ued ? ---------------------------------- smto LicenlO No .-------~----------------------------- • I • • • - 12. Do you._. Color9do State Sales Tu Account7 0 YES~ NO If -is yn, give Account No. 13. Do you "'...., ...-S of y-family -a financial intaraot in any other liquor U--7 0 YES II NO (Such int•• nwy indudo any equity int_, or loan.I ( If the -ii yao, uplain in -1: If the an1WW i1 v•. 1t1te the ,.,,.., -'dt'.9'a end emount of such financial inwwt e..-:t either in doHan or other item• of value, -..ch • inwen · tory, furniture, fhc:tuNI end equipment. (U• separate sheet if -v): 15. List the ---of all --in which any of the-• in the---1ion ara intaraoted. (UM--if -vi: Name Business Addrtss See Separate Attachment 16. Aro ti-premilm locatad within &OD f-of ony prom;.. occupied by a publlc or -ochial school, or tho principal cmnpuo of ony coll-. univer- sity or ...,,inory7 0 YES IH'NO If 1nl¥'4ler i1yes,axpt1in: ------------------------------------------ 17. Do you haveo 0rut Store L-imuodby tho Coloredo Suite B-d of Pharrnacy7 0 YES 1111 NO u--No. 18. Aro you or do you employ o R..-Ph•meciot in tho Suite of Colorodo7 0 YES XJ NO If yes, giw L-No. 19. IF THE APPLICANT II AM INDIVIDUAL, ANSWER THE FOLLOWING : tal G_ivo the,_, -(including citvl and date of birth of tha applicant: Namt of Applicant Homt Addrtss & City Dttt• of Birth (bl If ma-of the bull"'°',, not the -licont, -the toll.,...ng: Namt of Manager Home Addrus & Ci ty Dttt• of Blrlll 20. IF THE APPLICANT IS A 'ARTNERIHIP, MIMER THE FOLLOWING : 21 . (al Gi"9 tho,_, -Cincluding citvl and dote of b irth of Nch ~ c---if -vi: -Add,.ss & City (bl Gi .. tho name, addrwl Cincluding city I and data of b irth of the ma.,_: No m t of Managtr Homt A ddrtss & Cit)' (cl When did said -t-ship (••capt husband and w ile -tnanhipl com-doing bu-7 (Submit a copy of the part-ship •-twit~ this application .I IF THE APPLICANT IS A CORl'ORATION, ANIWEll THE FOLLOWING : (al Corporotion 11 orgonizad under tho laws of tho State of Colorado Dott of Blrlll Dtltt of Birth Date : 4/10/79 tbl Ptincipolbu1i.-isconductadat See above .County of -------.Stataof -------- (cl Doto of f~ing lost ennual corporoto reportto the Sacreuiry of State: New corp. -none filed yet (di List tho nanlO, homo -!including c ity I and dote of birth for Nch of the olficw1 lilted below: Nam• of Off/c.,. 1u~ . <.;ross Roa lf.Ofl!S..A!r<ss 4 City d Dott of Birth "'"'d•n•• _J_a_c_k_A_._P_e_n~f_i_e_l_d ___ .;;;5i~1o,..a11illlit.i9'QHr..i'1;i,.,,,....-1C..4QHRIMRit-r-u -t1Sif!6,i.j9..,9flll4r------_ _.4..._/-=2.,.6.._/ ... 3,..1,__ __ ( Vlce-Prnldent : n Nw~· Jack A Penfield sacrota<y , Edi th Mich~elson 4126(31 2 Peter Cooper Road Hew York, Hew York 16616 11/24117 • • I • - , • • • j : .. , ' Utt 110 stockhotden owning or controlling me cepit•I stock of th• corpar1tion. Include ectu11I owner or pledgff. (Continue on_,... -if _..rv.I Na mt. of Stoclthol dtr Jack A. Penfield j (f) List all directors in the corporation. Nomt of Dirtctor- Jack A. Penfield Edith Michaelson Doris Marie Hubert Hom• Add,.ss & Ci t y Same as above (Continue on uperate lhMt if necftlllry.) Homt Addrtss & City Same as above Same as above "Stock 100% Dau of Birth Same as above Datt. of Birth Sama a& aQQve Same as above 11-13-31 22. Whendidyoupurch ... or1tartoper1tinethi1bu1inea7 Date : 419119, (pre-incorporation agreemeat) 11 purchawl, from whoml Capital Alliance Corp. 23. Give the names of th,... relPOntibte charect1r references vwho can vouch for your qualificat ions 1nd delirebility • a licensed operator , showing the number of veert you heve known MCh . Nomt,o( lt•f•rt nu Addrtss (includt city, state and zip) No. Yt.ors Known ·see Attacbment ..-.... ,,,... 24 . ,, r" ,c:: List below-your buaine&r ex· employrNnt record for the pnt1i91 yeen (Use seperete lhMt if necnury .) Firm Nomt & Addrtss Your Position Dot• Employ <d Sup,.rvl sor 's Nome See Attachment IF THIS APPLICATION II FOR A CUM LIOUOR LICENSE, AN•ER OUHTIONI •THROUGH 12. ( l club ~I corpor1tion which h8I been incorp(M'•ted for not leu tNn f ive YMrl, •nd which hm hed e membership tNt hn petd dun for a peri od of at , .. t five v-n. ~which, for five v•n. Na a..n the owner ........ or occupent of en 9lt8blilhnwnt op9t'eted 10telv for ob;.cn of nationel , toeiel , f'8ternel , petriotic. Politicel or 1thmic natu,., but not for pecunillrv gein, end the propwty, • W9tl •the .:tventllgft of which belong to member&. A.llO , 1 dub mev be a corporetion which ii e reeu•rtv chertered brench or lodie or chapter of• nationel orgenizaiion , Wltlh ich hn operated 1alely for the ob;.cu of a petriot ic or f'8t•rnel organization or society, but not for pecuniary geln. 25. State the netMI end retidmnca of princ1pel officers of u id mpplicant together with the office held of u id person1 : Nam< of Offlur Hom• Addr<ss & City Off!« Dot< of Birth MANAGER 26 . State the narnnend res idences of the d irectors or truttHI of uid appUcent organization. tU. teParete lheet if MClllllVJ Nam• of D/nctor / Trust« Hom• Addrtss & Ci t y Oat• of Bi rth 27 . ljt~E~~';!0organ i :mtton opereted 10le ly for a netional, social , fr1ternal , petriotic . polittcal or ethletic purpo11 end not for pecuniary g9in 7 28. Stet• ~ether members of 11id ctub or auoci1tion 1r1 elected It regul1r meetings of members or by the board of d irecton or other goYltfn ing body or in whet rnenner ~1ereIO1Jected : 29. St1t1 whether en in it ietion fM is peld to MCUrt membership in 11id club •nd the amount thereof : ---------------- State tht ennuel dun or f"' pevlblt by members of u id club for such membership : ---------------------( 30. JI . 32. - How long h11 -licant occupied premitM to be lanlld 11 • club7 Don env d istillery , br._, or br~. winery or wholeuler haw .nv direct or indirect finenc ial inttrst in the bu1Jneu for which t h l1 eppliclt ion fO< llcanM ii ,,_1 0 YES 0 NO If enlWlf is yes , explain : • I • -• • ,. - IF THE APP\.ICANT IS A MANUFACTURER OR WHOLESALER, ANSWEll OUEmONS S3 THROUGH 31. 33. Since --,_ -'lc8nt occuped premiMI to be licenood7 34 . Does -4icant own, -ar -•ti lnV ..,..,_or nor.go plent in connKtion with Ito i..11,_7 D VES D NO If 1n-ii yeo, tlW-ls: 38. o-the -liatnt (or lftY of the_._,, offiatn, directors or stockholdon of •id -'kantl hew any d irect or Indirect fi'*"'iel lntorelt in tho bull""' of 11Uine 1111lt, vinous or splritou1 liquor et ..-n7 D vu D NO Does the -'icent (or ony of the pe"'*'· officen, directors or 1tockholdon of uid -licentl hew ony intorest in 1ny other winery. br-'V. distillory or ony retoil liquar-ilhment7 D VEI D NO · Do lnV of"'-_.,either directly or Indirectly, in whole or in pe"· the promi-to be oa:uplod by tho 1PPliclnt or 1ny of tho filnuroo7 D vu 0 NO 0 37. ~::.°::ii::: ;:;.:i:=~ :."":'..:: :;: =~-=~t"i: ~.!..'*;:~""7"tfi~:rv O ~~ii liquor -ilhment. ho .. lfon-ily•,tlW-ls: 38. To -Colarldo ~do you intend to ship your ~ilo7 39. Alo you the pr;....,, oourm of oupply in the U.S.7 0 VU 0 NO AFFIDAVIT (nris offldolllt Is to I» slftNd ond oc•nowkdg<d by lndlviduol, Heh ,,,.ml»r of partnership ond by corporation opp/lconts.) STATE OF COLORADO Countv 01 Arapahoe SS. Jack A. Penfield beine by,,. tint duly_.., 11 tor himoolf , c11p.-enc1 nvs: thlt he 11 the -licant -nomod, or th1t he 11 (tlrl•J President of the -.-corporotion; thet he ,_ nad tho 1..._1ne -licltlon end thot he knows tho contents thereof. end thlt 111 mott9rs 1nd things th.,.oin llt forth .,. true of his own k-.igo -he -to conform to 111 rules 1nd rwgulltionl promulgotod by tho Stotl Olportment of R8-uo in connoc· ( . .,.,,_th. ( Subscribed -Han to l»fon -·--··-of--.. ---· this ;J /1f IMy of r4r1 ,,13 .. ~.1~. :.AT~~.SE~t, ..;,.:. .J _j .J (CORPORATE SEALI My Commission 1xplre1 : OdJia· tf 11fo IY: REPORT AND APPROVAL OF C L LICENSING AUTHORITY (M«rufocturers, whol~soltrs, Importers and pub/le tronsport11tlon sysums disregard this sution.) Tho for-ine -4icetion hlo -eumined -the premiMI. bulin-conductld -c:Nroctor of thl -•ant l111ti1lectory. --do r_, th11 such lic:enso, if .. nl8d, will ,,_ the -roquir-tl of tho neighborhood end tho desires of the inhobitontl, and compliol with tho proviliDfW of Title 1 z. A"iclo 47 , CRS 11173 n omendod. THEREFORE THIS APPLICATION IS HEREBY APPROVED. Dotodet ------------this dly of --------------.A.O. 111 --. AT: --------------------------------(Ni1me of town, city i1nd county) BY :---------------------------~ ATTEST=----------------------------- (CIWtc, 1Ktetary or other officer hi1vlng the otflc&ill M•I of th• llcenslng •uthorlty .) (If the PAmilOS 1ro loc.tod within • town or dtv. the ---should be lignod by the moyor and clerk; if In 1 county, then by tho ch1irmon of the l>owd 'if coilntv commialoners end the clerk to tho -.i. If. by ordi-or otftorw;11 , the local licensing outhority is somo other olficill, then such IP· ~ ~-' -iuld be ... , by .,ell olficiei .I - I • • l ( • • • • ATTACHMENT TO JACK FIELD, INC. LIQUOR LICENSE APPLICATION Question 15 -Names and addresses of business in which Officer s and Directors of Jack Field , Inc. have an interest : Jack A. Penfield Thames Associates 65 West 55th Street New York, New York 10019 D.T.B. Security Corp . c/o Dynaflair, Inc. 330 Madison Avenue New York , New York Doris Marie Hubert None Edith Michaelson None Question 23 -Character References : Jack A. Penfield William Alpert, 65 West 55th Street, New York, New York 10019 Alvin Dworman, Olympic Tower, 645 5th Avenue, New York, New York 10022 Arnold Killllllel , 65 West 55th Stree t, New York , New York 10019 Doris Marie Hubert Arthur Lief, Olympic Tower, 645 5th Avenue , New York, New York 10022 Allen Rule, 65 West 55th Street , New York, New York 10019 Jack Sandburg , President Novelt y & Jewelry Co., Inc ., 104 West 29th Street , New York, New York 10018 • I • • • • - Question 23 -Character References, continued Edith Michaelson Eliott Franklin, CPA, 132 Ocean Parkway, Brooklyn, New York 11218 Stanley Hoch, D.D.S., l Hanson Place, Brooklyn, New York 11243 Samuel S. Perelson, CPA, 488 Madison Avenue, New York, New York 10022 Question 24 -Employment History for past 15 years for Officers and Directors Jack A. Penfield Amico Management Co. 65 West 55th Street New York, New York Baskin Robbins, Inc. 1201 S . Victory Blvd . Burbank, California Houghton Mifflin Co . 777 California Street Palo Alto, California Doris Marie Hubert Amico Management Co. 65 West 55th Street New York, New York President Novelty & Jewelry Co., Inc. 104 West 29th Street New York, New York 1975 -1979 1965 -1975 1963 -1966 Nov. 1977 -Feb . 1979 April 1975 -Dec . 1976 Blackburn Realty 1974 -1975 4903 George Road Tampa, Florida Fred Wittner Co. 1968 -1974 Third Avenue & 54th Street New York, New York -2- • I • • • • • • Question 24 -Employment History, continued Doris Marie Hubert, continued Unigraphic, Inc . 592 -5th Avenue New York, New York Ashe & Engelmore Advertising Co. 375 Lexington Avenue New York, New York Edith Michaelson Amico Management Co . 65 West 55th Street New York, New York Royal Business Funds Corporation 6 East 43rd Street New York, New York Frenkel & Co., Inc . 156 William Street New York, New York Famous Artists Schools, Inc . Westport, Connecticut -3- 1967 -1968 1964 -1967 Jan. 1977 -1979 Apr. 1970 -June 1976 Mar . 1968 -Aug. 1969 Mar. 1962 -May 1967 • I • • - 0 • l . -~-·-··-·· -.... ·-··-·· .;TATE OF COLORADO, I )U. COUN TY OF I Arapahoe , ( Olen L. Bell d o !.e>lemn 1~ s wear th at I am tf'l e General Manager ~ Englewood Sentine.l. inat the same 1s a weekly newtP9i>er pubUthed on lhe Clly OI En~le woo rl C o u nty o l Arapahoe St•le of Co1o rado ano has a 09f'l9'al circulation therein , thll H td newspaper hH been published con tinuou sly and uns nterrupteelty In u1d C o u n ty of Arapahoe l e r a per iod o r m ore lhln 52 ~s prior 10 1ne l1 rst p u b l 1c a11o n o t 1he annewed notice. that said n ewspap e r is e ntered '" the post office al ( ~-:iglewood Co lorado as Sf•c ond clHs mail maner and inat the sa10 r.ewsi;aoer •s a newt011per w1th 1n the rn ean1ng of th e ac t of !he Gen9r•I Assembly of 11'\e State of Co1oraao , 1pproveo MercP\ 30 , 1923 . ano entitled ··Legal Notices end AOvttrhHmen11·· and o tner acts r elating to the p r inting and p ubl1sh 1ng of legal notices 1no 1dvert1sment1: 1n a1 tne anne•eo noltce was publlstied '" 1ne regul•r and enttre issues of H id newspaper, o nce eac h week. on the same day or each weetc lor the p e riod 0 1 nu~ht ;:i!l c.m ?I sa10 newsoaper d eled June 20 last oun1.ca11on 0 1 said no1tce was "' the •ssue or J•me 20 19 79 . ~lie Sub scrib ed and s worn to b 'll0te me • Not-try • • • • ....... ~~ ........ -......... .,... •·•· Iii 111• Cltr C••-11 ~ Cllr ..... .. ...... ...... . ........ . o.i...-.. ......... .. ................ -............. :r ........... · 169., J'lt Wff N•mtttd•• .............. c.i...., .................... ~-.... A. ........... 0-...... ....... c:...-. ..... ., ---~.· ••• , ... ,, ldltll ................ 0..-. ...... ... Y-.... Yerll tlltl,·Due ., e11111 - ttlWtJ'. C I ..... 11 .... ... 5 4 .. -::=.. ................ .___ ,._......... .. . ... ................... ................... ., ,......, " .. Ill ., ......... : ........... 0.... .. : .. -".. ... ... .................. • I • • ,, • Jack Penfield, Preeident Jack Field, Inc . c/o Thamaa Associates 65 W. 55th Street New York, New York 10019 Dear Mr. Penfield: • • - ~ 1 ~ c c ~ 0 .--~-~-~--i ~ I ~ f--'~-------j ~ ,5 Sn!AUS lYNOlidO ;I i! ~~----------l e 2 9L6t .Jdv ·oosr. w Jo.!f Sd Pursuant to tbe provi•iona of the Colorado Liquor Code, the application for a Hotel/Restaurant Liquor License proposed to be located at 701 W. Hampden Avenue (Cinder Alley), ED6lewood, Colorado, will be conaidered at a public hearin6 on July 23, 1979, at 7:00 p.m. The public hearing will be heard by the local licensin~ authority, the Englewood City Coun- cil, in the Council Chambers, 3400 South Elati, Englewood, Colorado. The result• of the City'• investigation of the application find: l. Jack Field, Inc., ia a Colorado cor~oration authorized to transact busin••• in the State of Colorado. i. The officers of Jack Field, Inc., have been inveati~ated. Tbe inveati0 ation revealed that the of ficere of the corpo- ration do not have a criminal history. 3. No licenae for the proposed location hae been applied for in the paat year. The application is considered to be in food order and ready for pre- eentation at the public hearing. Thia etter should in no way be con- strued aa approving or denying the application. The deciaion reata with the Englewood City Council~ Their recOlllDendation will be made within thirty daya after the public hearing and forwarded to the State of Colorado. Cordially, William D. Jamee Director of Finance/ ex officio City Clerk-Treasurer /jlw cc : John Criswell 37~0 South Broadway, Englewood, CO 80110 CERTIFIED MAIL • I • • • • 9ACKGllOUND INFOllMATIOH REPORT City of Englewood 400 South Elali Street nglewood , Colorado 8011 O • • • To 8e Prlnt.4 8y ... lic.,_t CO RPO RATION Oty Clorio' •Office------ T,... of o\ppllcotl.., ----- A..,_aa/Locotleft ------ 0.lo of Appllcotl°" ----- I. "-_P_e_n_f_i_· e_l_d _____ J_a_c_k _____ A_l_l_e_n ___ 2• -r.i.p1...,., _2_0_3'--'/'-3'-2_9~--'-0_2_2_2 ____ _ I oat flnt •i dJlo :i. -AM .... : _l_0_9_E_._C_r_o_s_s_R_d_. _., --"S_t_am __ f-'o_r_d-'-, _C-'t'-.--.A. Fro.: Sept . 1971 ~ c-.. , o.._1.,, _V-'-"-i""c"""e_P...:r;;...e;;...s_i~d~e_n...:t _________ __,,,, e .. 1., .. , Amico Mgm' t Co . 1. 11vo1non A.Wron• --=6'-'5"-W~.__.5'""'5"-t,,_h..,_..::S::.:t"'r"-e=e..::t,_. . ._,N=e.:::w~Y..,o,,_r~k'----.L• a...; ..... r.i.,i. .... , 212/ 489-8200 t. -'"''•.,•'• S.01 __ Ma_...;l_e _____ IO. A,.lic..,•'• Roe•: __ Wh..:.::..:.:i:...t::..e=-----"· Sociol Socwlty N-.: 551-38-8599 12. -'"'lcont'• Holrt1-_6_' _____ IJ. A,.l i c..,t'• Wo i thr. _l"-"'5-"5 ______ 1•. Ho h Col..-: _..::B:..:r::..o=-wn=-------- u. e,. c.1., _B_l_u_e _____ 1'. A,.Hc .. 1'. Ploc• of '"'''" __ G""'"l"'e°"n ... d"""a ... l..,e~. __.C ... a.._l.....,i"'f'"'.'----'""· c.t.t•••>ll ;p ' --"U_,._,S:o..:... __ V . ""'lcont'a Ooto ol 111'1h: __ 4 .... ---=2~6'--~3=1~---"· O.iv0<'• Uc.., .. N-'-= _ __,O.o.4.=2_,6,_,0'-'5o<..!.7.:3o,:5'-------------- 19. Stete of la.,. for Orh,•'• Llc.,. .. 1_..;C...,.o:..n .. n ..... _____ 20. Hoa Your Ori •or'• L i e.,. .. e •• , Been Sua..-.4" or Ro .. ke4?: _ __,N,,,_o,...._ __ _ 21.11 Yea, Stole wi...., When ..... Whr• ------------------------------------- 22. Li•• All ""-•••• (Uao 044111-1-·11 ...... .,, ____ _.,N,_,,o,_,n""e"'------------------------- Llot -. --4 tho F._I Dlapoaltion :---------------------------------- 23. Llat All Civil Act'-t.. .. 1...-.t (inclv11Hn1 cl iworcoa) Alafttl Wieh N .... a ond Ad4toaHa of Alt Litieonta, Ootoa, Plocoa -.d Ceua•• of Acti.n: --- None 24. An!lc .. t'• ....... of 1i1u11 .. , s..; .. (11-llcololo): u. s. Army 2S. r-of S....lco: 1953-195 5 :111. r,,. of D;ach•'°' Honorable 27 • o.,. of So,_.,1.., .. oiach .... : Sept 1955 21. wi..,o?: Ft Ord Calif. 2'. S..Yico N-..1 US56233393 30. Lio• All,, ........ s ..... RHidod Within (includin1 .. 1111..., ..... ;..):Ca 1 j fgrnj a North Carolina. Conn. 31. St.t1,., With Cvn.nt E-.l~t, Llat All For Poat T.n Y..,a: ocW,. •• poa it ion ,,_..,. 65 W. 55th, .N.Y. Vice President 1975 -Present Arnico Mgm't. Co. Victory Blvd. I a~r~t~k, East-Opr, Mgr 1966-1975 Baskin-Robbins 32. If E•er Ditcher .... FreM • Poaltlon, St.-t• Wh.,e, When ond Aeoaon: -------------------------- 33. Nu-of y .. ,. ol Schoel At-4oflco: __ _,l,_,_ _____ 3•. Oipl ... e •• o • ., .. Atteinod: __.A ........ B...._.,., __.Mu..Bw...._..A..._ _______ _ o. .. G.oduotod F•-Hir School : _ __.1"'9'-4~9 _____ 36. No-of School F ....... , .... G.oduotod .. Lui Attondod1 Univ, Santa Clara '>i.AU<mofS....• Univ . of Santa Clara, Santa Clara, Calif. 95053 ......... telephone type of ecc.unt .... ,__._,. Har tford Nationa l Bank 1042 Hope St. Stamford Ct Savings & Check i ng • • I • • llACKGROUNO INFORMATION REPORT PAGE 2 ~. L l et n, .. Cr.ilit R~e1 : -Hartford National Bank American Express Colonial Bank •O. Llet Thr" P,.feniOftel Ref.,...cee: • • • -...... .. . .,.._ 1042 Hope St., Stamford, Ct . Phoenix, Ariz. Waterbury, Conn . 06720 Alvin Dworman ~Lee Nation~'t'1' 45 Park Aye .. N.Y .. N.Y. ... ...._ Arnold Kilillilel 65 W. 55th St. N.Y. N.Y. 212/489-8200 William Alpert 65 W. 55th St. N.Y . N.Y. 212/489-8200 eccount Savings & Checking 3712 203448 81003 Mortgage 01-4816-5 ti .. known 7 7 6 '1 , lo y..,, 11 .. ; ..... eo OwnM "'11..,004?: _Own_.._e~d ___ 42. If R ... 1e4, f,.. ""-' ________ _. ...... , ---------- •• 1...._., J.loYou•R .. i4 ... e•Mo"t• .. d? Yes «.WhoHold•"""••0 .. ,Colonial Bank ...... .,Waterbury, Conn. 06720 ,.,.,.._, ___________________________ _ 45. 11 y..,, R .. ,...., •• ,, 0-.1, s .... '"Cun...• Ma"'•• Yolu• ..,4 Annu•I Toao•lon • _.S.....,1_.s ... o._o ...... 0 ... 0....__..$ .. 2_3 ... 0...,.0.._ ____________ _ 46. ht All Real Eat•te Owned ly You°' Yovr Spou ... or Any Real Eetot• In Which Eilti• Ho1 Any h•tere1t: ,.,_, ., rural doeirati°" c ity None other than residence 47. H ...... lie•• e-u,_. Any Othet N-lo): _ _,N.::.;O::_ ______________________________ _ If Appl;eoblo, Llot N-h> U.od, wi,.., .,4 Who••:--------------------------------- •• u_. N f •-• II ( ·~1 h I Ii ., ) ..:J:..;:O:.;n=e'-"s'----------.,, ·-······Full N-·.Marilvn Shii:l er -· -1.en OMO 0 ...,.ou1• or,..,, cont l ..., c .... ., I opp COD.: .. ....... ____ .,._,,,. Pen.fie d 50. s,-.. ·• Ploco of 11 ; .... , Watsonville I Calif. 51. Spouoo'o Ooteol llhlh : _ _.7_-_,2.._..6_-_3 ... 1~-------- s .... Nadine J . Penfield 5-22-06 52. Mother'• Full NOMo : ------------------53 . Dot• of 8 irth t ---=-~-=-------------- George A. Penfield 5-22-05 54, Foth.,'• full N-• ---=---------------55 . Doto of II ;'"''------------------ 56 , If Applleoblo , Llot S.o, Roco, Holth•. We ir•, Hol• Colo• ond Eye Co lo• of SpouH : Female. White 5' 8" 130 Lbs BroWIJ Hair Brown Eyes 57, Lht No1 .. (o), Ootohl, Ploeoh) of lllnh end Addtuo(oo) of All Chlldton : f..lln-dote of birth cwn•"' e4clr••• Gregory Allen Penfield 11-2-61 109 E. Cross Rd. Stamford, Conn . 06907 Le Ann Penfield ~-2-16-64 " " Jennifer 1-18-66 " " Lynn Penfj el d • • I • - • • • • • Liquor License Applicants Only, Answer the Following Questions: 58. Describe in detail the Building containing the premises to be licensed: a. Type of construction· Cinder Alley Location -Cinderella City b. For what purpose used:_.,Rwce;..;;sut ... a.,,.1 .... ir ...... a""nu.t.._ _________________ _ c. Specify the fioors and rooms (or areas) where alcoholic beverages will be so10.-- served, and stored: _ _..S.ce.ce'-'-dur_.a ... w ... iun.,..gl'.----------------------- 59. Who owns the land upon which the licensed premises are situated?: Provide full name, residence address, and date of birth;__ ____________ _ Capital Alliance Company 65 West 55th Street New York, New York 10019 60. Will the Applicant, or anyone else, conduct any business other than the Sale of Alco- holic beverages on the licensed premises: _ _.Y ... e._.s.____,F....,oo<.!o"-'d,._S.._..a~l""e""s'-------------­ If so, State the Business, includin~ the full name, residence address, and date of birth of the person who is to operate it: __ A~P~P~l~i._· ~c~an~t ________________ _ 61. If the Applicant does not reside in Colorado, provide the name, residence address, and date of birth of your authorized agent in Colorado upon whom service of process can be made in any proceedings against the applicant pursuant to any statute, ordinance, or regulation applicable to the conduct of said business: Jack Field, Inc. is a Colo. Corp. Registered Agent is John A . Criswell; Registered Address is 3780 South Broadway , Englewood, Colorado 80110 62. Has the applicant agreed to permit any person to receive, or agreed to pay to any employee or other person (by way of rent, salary, or otherwise) all or any portion or percentage of the gross or net profits or income derived from the business to be con- ducted under the license herein applied for? If so, state complete details. _____ _ Lease agreement will provide rental payments to leaser, Capital Alliance Corp, of 7% of annual sales volume . 63 . Identify by name , address, and date of birth, the manager of the con cerned premises: Jack A. Penfield (See responses to Questions 1-57 ) 64. Are the premises owned or le~sed by the applicant? If leased, state from whom, including full name and residence address if applicable. Provide complete details regarding the lease agreement: See Attached letter agreement • • I • • • • • 65. If applicable. state In detail any form of Entertainment to be offered: ~ None planned at present 66. Do you ha~ any dlrect or indirect financial interest in any other business •. ~artner­ ship usociatton. organization or corporation. which bas a retail liquor license or any financial interest in a retail liquor license in the State of Colorado? YES NO _____ _ If answer is YES. list lull details of any such interest(&). ________ _ 67 • I hereby acknowledge that I have obtained and examined a copy of the Colorado Liquor Code (Chapter 75. Colorado Revised Statutes. 1963). (NOTE: Copies of the Code are available from the Colorado Department of Revenue). • • I . • • • SUPPLEMENTAL FORM FOR CORPORATE APPLICANTS In the case of any corporation, the stock of which is offered for sale to the public, the requirements of Sections 6, 7, and 9 may be waived by the City of Englewood for reasons of administrative necessity. 1. Name of Corporation: ___ J:;;..;A;.::.C:;;..;K""-'F~I"'E"'L"'D.....__,I..,.N ... c ...... ________________ _ 2. Trade name, if any: __ _,N:.:.,:O::.:n""e"-'a::.:S.__.y..,e:..>t....._ _________________ _ 3. Address of Corporation: Registered Office -3780 South Broaciway Engl ewaad Colo . 80110 4. Name and address of agent for service of process: John A. Criswell 5. List below all directors of the Corporation during the last two years: Name Home Address Business Address Date of Appointment and Term April 10, 1979 3066 Brighton 65 W. 55th St. April 10, 1979 Doris Marie Hubert Seventh St. New York N.Y 1 Year Brooklyn, N .Y. k t>wvc~\;)!:: lJ.., 1.1)4.... IJ • ,., At!>;.,,_ lO, •°>]' If additional space is needed, use a separate sheet. 6. List all promissory notes and debts greater than $500.00 of the corporation other than amounts due and incurred within 60 days of this date for food, liquors, employees' salaries or supplies. Amount Name of Creditor Jack A. $50,000 Penfield Address of Creditor See above For what was debt incurred remodeling &. operating Exp Date debt incurred 4110/79 Is Debt Secured no If debt is secured, state how secured, date of security and by whom secured on a separate sheet. '· State sources of all necessary business expenses and costs: (a) Payment on lease or real estate loan: See Answer to No. 6 above • • I . • • • (b) Payments for all fixtures: --------------------- ( c) Payments for all furniture: ~-------------------~ (d) Payments for all bar and restaurant supplies: -------------- ( e) Payment for all employee salaries: ------------------ ( f) Any additional expenditures : ~------------------~ 8. Is there a written management agreement or contract? Yes No ------------- If there is a written management contract, a copy must be attached to this application. If there is no written management contract, a statement must be provided detailing the oral management agreement, including the managers authority, responsibilities and lfmitations. 9. List names of all stockholders for last two years: Name and Address Jack A. Type of stock interest Owner Consideration given for stock per share $1. 00 % of Corporate stock owned 100% Date Stock Acquired 4/10/79 Is Stock Pledged No Penfield 65 w. 55th St ., N .Y. If stock is pledged, state name and address of person or entity to whom pledged and tenns thereof on an additional sheet. If additional space is needed to name all stockholders, use a separate sheet. 10. List names of all officers for last two years: Name and Address Jack A. Penfield Office Held Date of Appointment 109 E. Cross Rd., Stamford, Conn. President & Treasurer 4/10/79 Patr~Sessa ------_- 1JitfE.Jrd.<!if Bronkl+rn -N Y Vice-Prejident Doris Marie Hubert 3066 Brighton Seyenth St Brooklyn N Y Secretary 4/10/79 11. • Has the corporation, any officer, director, manager, entfty, or stockholder owning or controlling 10% or more of the capital stock of the corporation been adjudicated bankrupt, entered into a "wage-earner plan" pursuant to Chapter XIII of the Federal Bankruptcy Act, or made a general assignment for the benefit of creditors during the past three (3) years? Yes No X If the answer 15 yes, please explain ful .... ly_o_n_s_e_p-ar_a....,t~e sheet • • I • • • • • • INFORMATION CONTINUATION SHEET (Identify number of item continued) I certify that the facts contained within the foregoing background information questionnaire are true and correct, and I understand that any falsification or misrepresentation will result in a rejection of this application or revocation of license for which applied. ~. _,,.~,_..,.-., gnature Date Sworn before me this __.._,,3~~ by Name of ~t ~ -4frl~· --· 192f My cornni ss ion expires_._.;yr..r0~9""i"'"~'-c;t._~--- SEAL • • I . • - • • • • • RESULTS OF INVESTIGATION POLICE LAB Comp 1 eted by :_.._/ti._ ..... V ..... · .._,P._. _J:J _____ _ Date: _____________ _ ( ,;f"" Fingerprints ( ~Photograph Conments: /.Ao 4J1 u Co~.xa 4 ,A/. 7 {f. Ao 4,.,,c /'~,,- /d f>A 4 INVESTIGATION DIVISION Investigator: bOH Mc.LltfµA A-' COlllllents: /\lcJ fovtWH 61'-1,;,,,,' JI,,;,? Cet#e,.. ~Fqu;w1.c ,4,,f JLuA 4tz CJ . J<. ld .i / cr;,J'€ OFFICE OF THE POLICE CHIEF Ott. her Jd ~..ltt'.0/71t/ Investigation has been reviewed: ~ Approved ( ) Disapproved c~/~;~ CITY OF ENGLEWOOD I • • ARNOLD KIMMEL 65 uGt 55ttStreet Ilew %~, n.c;r 10019 (212) 489-8200 April 19, 1979 To Whom it may Concern: • • • Please let it be known that I have known Jack Penfield for over seven years. I have always found him to be a clear-headed, capable and well-motivated business man --and I have the utmost confidence in his honesty and integrity. Sincerely, /em Arnold Kimmel • I • • n • WILLIAM ALPERT ATTORNEY AT LAW (2t.2) 488-8200 April 19, 1979 To Whom it may Concern: • • • 815 WEST 1515TH STREET NEW YORK. N . Y . 10019 Jack Penfield has been a friend of mine for the past six years. I have known him both professionally and personally, and am pleas·ed to highly reconunend him. I have every confidence in his honesty, integrity and moral conunitment. He is a hard working, dedicated businessman. Very truly yours, WA/PS I . - • • • • • • ~g-~ g~g~ 6'#.5 ff# _w:_ Jf:W. ~od; .A:w ~od /()(),?,? April 19, 1979 To Whom it may Concern: I am pleased to professionally recommend Mr. Jack Penfield in whatever business capacity he may decide to pursue. Jack is honest, well-disciplined, and of high moral character. I have known him for at least seven years. Very truly yours, AD:mm ri!_· -:S'< '~ -~ Alvin Dworman 0 I • - • BACKGROUND INFORlllATIOH REPORT City of Englewood 3400 South Elati Street En glewood ,Colorado 80110 • • • CORPORATION Oty Cl .... '• Off1 .. ----- T-oA ..... _ ----- AMooulL------- 1. "-!-lu a EA r To Bo Prlnt..i By APl'llcent Doto of Appllc..i-_....;,,, __ _ ml!Rli;-____ 2. tt..... Telephone1 .:21a -93-i--C 7'.Z £ •••• ...1.w1. f·-· ------------------ 7. 8ualneu ~eel --::---------------------1. l A,,&6c9" t'e S.•I &m BL {,;- Buelneta r.,.,,, ... : ------------- 10. Apttllcont'1 Rece: Id / If t T ¢' 11, Soclol Socurlty N..i-4 Sy-_2 ~-/? ;/ { 12. A..,llc•U'• Hol9"t1 UT. I 0 JN 13. A..,Uc.,t'o Wei9"t1 /"/$ L 13 5' 14, Hair ColOf: 8,q q !{.I •ll u. Er• c.1., Bse M' tV 16. ""•"••"'• Ploc• e1 B1rt1i : lia&t<e DI N U": 17. A;-9lc9ftt'1 Dete ef Births ..J.J/'----/._..$.._-..,j.LL./ ____ 11. 0..h•'• L ie••• N.,..M.: __ ..:,/\.)=......,w::-=C--------------- 19. St ... ef 11-. ,_ Drhr•'• Llc•1e: __ ..,AJ""'-"'{)'-N1..:<..r;:;t'"---l0. Hoa y..,, D1twer'1 L iceftH E.., 8-n Su..-4..1., Re .. kff?i ------- :zl.11 Yeo, s,.,. ...... ..._.,... Why t --=================================-;;;:.... ___ _ ---------------- 22. I.lot All-·••• (UM Mt11t1-1 _.ii noc.oosy) -....!1...,,."'rV..:...:t:.._:: _______________ ....:.;:...:.... __ ~...:;;;~----------·---- \.100 ""-• ._. ....... ,._. D1-01t1.,:--==================================:..= -~------------ 24. A..,llc .. t'o ...... el llUltwJ Sonlco (11-llc ... le): __ .... f/...._.._'.....,..-------------25. T-of S...1---====---==::::=-- :M. Typo of Dioch• .. • ________ 27. Do,. of S..-etien .. Oio-.. :·=-=-=-~--------21.. -e?: ----=====- 2'. S.wice ......._,. ________ JO. Lhr All Prewlout Stet•• Re114M Within (inclu4in1111ilitety ..,.Ice): ------------ -------------- 3J. Nu-el Y-1 of School A-01 _ _./_,</..._ _____ :M. Dlpl-.. 0.pN Atteino<l1 ----------------- :16. ""-•• , ..... , ,._Which G.M..ote4 .. 1. ... A .......... & R A) e A, D Vo R I< C , r y tJ Y . 3 O.toG.o4uo .... fr-Hl9"w-l1 /9'if 7 31.M .. nolS-1 0; /, LJ NtJ,-,A/€141 31. I.I" 9oM R.A.-cH el ...... _, .......... (II 4111o..,,t): ,._ ....... NA t1 f3A11ii< o E J!o,JlmEs1c A- • ....... _ jl!?SG°s'~~- ly ...... _ ..... _ .... Ofr&/11 & ""A' z8 z.s:-ft f % • I • llACKGROUND INFORMATION REPORT PAGE 2 I ,,,..; I•• n, .. Cre41t R~eai • • • ecc.._t te ........ e: -----------Al. Is Your Reshl9"ce Mortge .. d? --------4'. Whe Hol41 Mort,. .. : -------- M•eu: --------------telephone1 ---------------------------- 4S. If y.,.., Re1t•c• 11 0Wft94, Stete lh Cuttent M.rlitet Velue eM Annuel Ta•etlOftl ----------------------- 4 ~. Llet All R .. 1 Eetete 0......4 e, You or Yeut Spou .. , or An, R .. t fstete In Which Either Hoe Any lntere1t1 '""' or rurel 4e•ilf'lolion city ) N F- •1. He• A•••••.,, e-u...i ""'Other N-(11 : -----<.~-<'._> ____________________ _ II ,..pli ceblo, Liii N-hl i. ... WhOft on4 WI.ore :--------------------------------- ... Mol4en N-• of S.ouH or ,_..llc.,11(whlchovor11 opplleoblo): CA A--B. IZ LL •9, S.-H'• f.11 N_:&BoLD Hu B t--R.T 50 ........ , Ploco of lllrth: M ,VQ-AL A N D /V, '/ 51 . S..•••'• Doto of llirth: / -/ £-/<j / 'j Otr Stote • :: ::::: :::: ±.:~~'.;' ~"" : ::::: ::::-.!.;-:-1:7"-s""s'-_ -~ .... ~-'~-=""""Y .... z _______ _ 56. If ~Jllcot.lo , List S.11, Rece, Heltht, Wel ... t, Hair Color ond Eye CohM' of Spout•: ----------------------- 57, Lht Nor .. hl, Dotehl, Plocohl ef lllrth ••d A44N11(01) of All Chlldro•• • • I • • • • • Liquor License Applicants Only, Answer the Following Questions: ' / -t/ CV ¥_· Describe in detail the Building containing the premise• to be licensed: I, 't,,. ' .;:. · a. Type of construction~: :;:--------------------.i:.V..:.'1""'-lt~-- b. For what purpose used: ___ -:------,---------------~-- c. Specify the fioors and rooms (or areas) where alcoholic beverages will be sOl.0.-- served, and stored:----------------------------- 5 9. Who owns the land upon which the licensed premises are situated?: Provide full name, residence addreBB, and date of birth~------------- 60. Will the Applicant, or anyone else, conduct any business other than the Sale of Alco- holic beverages on the licensed premises:_-:-------:--=----~:------,---.,...----::---­ If so, State the Business, includinl! the full name, residence address, and date of birth of the person who is to operate it: _____________________ _ 61. If the Applicant does not reside in Colorado, provide the name, residence address, and date of birth of your authorized agent in Colorado upon whom service of process can be made in any proceedings against the applicant pursuant to any statute, ordinance, or regulation applicable to the conduct of said business: _______________ _ 62. Has the applicant agreed to permit any person to receive, or agreed to pay to any employee or other person (by way of rent, salary, or otherwise) all or any portion or percentage of the gross or net profits or income derived from the business to he con- ducted under the license herein applied for? If so, state complete details.------ 63. Identify by name, address, and date of birth, the manager of the concerned premises: 64. Are the premises owned or leased by the applicant? If leased, state from whom, including full name and residence address if applicable. Provide complete details regardingthe lease agreeu~;;.w~·-------------------------- • • I • • • • • • , 6 5. If applicable. state In detail any form of Entertainment to be offered: 66. Do you have any cllrect or indirect financial interest ln any other busineH. partner- ship usocUitton. organization or corporadon. wblch hu a retail liquor itcerise or any financial interest inJH"etail liquor license In the State of Colorado? YES NO-"'~'----- If answer ls YES. list full details of any such Interest(&). ________ _ ------------------~~--~---,----------------- 67 • I hereby acknowledge that I have obtained and examined a copy of the Colorado Liquor Code (Chapter 75. Colorado Revised Statutes. 1963). (NOTE: Copies of the Code are available from the Colorado Department of Revenue) • • • • I • • - • • • • • - INFORMATION CONTINUATION SHEET (Identify number of item continued) I certify that the facts contained within the foregoing background information questionnaire are true and correct. and I understand that any falsification or misrepresentation will result in a rejectfon of this application or revocation of license for whfch app~ a s~.d~ 0 z67 · ~s1Raifrre Da~ Sworn before me this /,1 ~ay of lo/A,· t • 19..zf. by ':LJ 0 t::1 f t£i /:!c. .. J"-.:..1 · ~me o app fcant PATRICIA SE~EW yQU MY conn1ssfon expires "°'~llY Pll~~c..;m~6o Qullil itd ift ""' YOik ti!""1'8D tommiea •"" Ex~i r~ Mar ch .O. SEAL • I • - • • .t • • • • RESULTS OF INVESTIGATION POLICE LAB Completed by : __ _,_61......_/4..._._ _____ _ ( ) Fingerprints ( ) Photograph Date: ____ _.AJ,.....,.....~...__, ____ _ Comnents: ./)NotrJtLif1,f>AJ.J Avo )Wd'E~#1r ~c,; 4r Ck-rOr-hwM /Jo1--1rn ~1NJ4(cl7,,;:,. .A,,a ./d,rw,o""'u' µ, ,£,.A A INVESTIGATION DIVISION Investigator: Ocr. /JoH /iAt../,._f.HwAVI • Comnents: Nq K/l/t1&1..u-1 G.,1f.i,,;....,.i-Mi;1''J IM lti1 To (1«Ad1Jit2 <1..c'~~k . A'.r/FA'E.(-'QY C/:t~ c;t Q. Je . OFFICE OF THE POLICE CHIEF Investigation has been rev1ewed : K> Approved ( ) Disapproved c~~ CITY OF ENGLEWOOD • • I • - • • • • MARIO J . OE BARI. M. O. 1101 WASHINGTON ST. HOBOKEN , N , J . 07030 T1:L1:"40Hir 201 • eae .eoso Ma;v 2 5 , 1 97 9 To Whom It May Concern1 I have known Mr s . Doris Hu b ert, J0 66 Bri g hton 7 th Ave n ue, Brookl y n, New York fo r the past nineteen year s . To my knowledge, s h e i s a ~ood moral character, honest, sinc e re a n d i n t el l igent . Sh e will be a n a s sset in all he r e-ndea v ors and will do he r j ob ef f i ci e n t ly a n d d iliee nt l y . gj ------------- RECEIVED JIOl '79 CRISWELL • PATifRSOH.. ------- • • I • I - • • ARNLD KIMMEL Attorney at Law 65 uGt 55tlt_,Street flew CJb'*v. ll.'Y. 10019 {'212,) 489·8200 June 1, 1979 To Whom it May Concern: • • • Please be advised that I have known Doris Hubert for about two years. I believe she is a person of excellent integrity and good moral character. I am pleased to profes~ionally recommend her. Very truly yours, /em Arnold Kimmel • • • I • - , .... • • • • • • Allen R. Rule Altomey Ill Ltw 6~ West nth Street New York, New York 10019 Telephone (212) 489-8200 To Whom It May Concern : May 24, 1979 I have known Doris Hubert for several years. She is a hard working, dedicated business woman. She is known to me to be a person of good moral character, and I have faith in her honesty and integrity. I am pleased to recommend her. Very truly yours, Q.L R. "Ru&. Allen R. Rule • RECEIVED MAV29'79 CRISWELL & PATTBrSON • I • • - • • • - CO RPO RATION 0'7 Clo<l.'o Olfl.,. ------- T~ of Appllcotion A&dreaall.ac•tf ... ------- To a. Print•d Br Applicont a,,....of Ap,lle.tl..., ------ 1• N.,,,.. ---....:;:E:..:d:..:i::..· t.::.:.;h_;;.M:..:i::..c::..h:..:.::ac.::ec.::l:..:s::..o::..::..:n __ --=--------2. Ho'"• T •1.,.....,., ( 2 l 2) 7 7 7 -2 3 4 3 I oat :1 !> 7. f irst middle 2 Pet e r Cooper Road HO"n9 .\Jdrus: New York, N.Y. 10010 from: Mav '72 Cun..,, Occupot1on: Secretary Emplo••" Arnico Management Co. --"-"'--'-=;...;;;_;;...;;;~:..;_-=.-=-::..i_;:.:..::..;::;_...:.==~---1!8, Buoin•u T .1.pi. ... .: ( 2 ! 2 ) 4 3 9-8 2 0 0 eu,1" ... A4j.f, ••• , 65 West SS th St. I NYC 10019 q Appl icett , •• Se•: -~F~e~m=a~l.e ____ IO. Applicont'• Roe•: ----------11. Sociol S.cvrlty N\Hft....., 0 8 4-0 5-3 8 2 4 12. Ap~licet"t•• t-1.!;J,t; __ 5_-_1_1l~----13. Applicant•• Weight: _ __,l'-'2=-=5=-------14. Hair Color: __ G~r~e .. y.._ __________ _ 15. Er• Co lo<: QrQ','FI 16. Applicon•'• Ploco of Bir"': New York Cj ty 1l.A. C.!,"'-'"";p• Tl S A !7. A?pl lcont'o Oot• of Bir!!.: 11/2 4/1 7 18, Oti•••'• Ucon .. Nu'"b•r: M09 0 9 9 9 4 5 9 '.i 7 7 7 4 2 2-J. 7 21, If y,,, S?ot. ':(..,., •• ~.,. ond WhJ': ------------------------------------------- 22. u_,, All,\,,. .... , (UN oclclitlonel PDJNI tf n•c•uoty) ------------------------------------ ( 1,t '.tn ~n, \Y'h .r1 ., .. d ~ Flnol Dfepe•Uion : ____________________________________ _..__ ~.i . :.p;>1iceft t•s e, ... ch of Militefy S... .. ice (If c,pl lco'-I•): -------------------25. y.,_ of S...lce"S ---------- 'lj. Tyr of Oiuho,r: __________ 27. Dot• of S.petotiOft or Dhc:h.,9e: ------------21. wt...,•?:--------- 29. 5.-r ... lc:• Hu,..\,w; _________ 30. Li•t .411 Pn.,.iov• Stohs R••id..d With;n (incfuJing milit11ry 90f'¥ic:e): -------------- position ... ~,. Arnico Management 65 w. 55th Exec. Secty 1/77 to present Roval Business Funds 6 E 43rd St .:1.,170 6 l?E Frenkel & Co. 156 Nilliam St J'?. :; c_,..., D i a:=-ha~:...J from 0 Po1ltlcn, Sr::iite Wh,,., Wh.n ond R•oson: ~R1J.0.1,y~aLlL..=......LdL1l.' !>Su;C;;.h1:1.<a1..ri::.<;gµe~do....-h~e:..C;,:..jjii~U.._e-iili.__..Q~fo---------- reorganjzation. pew president, gtc ::J. Nv""C..' of Y~o'~ of School Att""'donu: ----------34. O iplomo or Deg,•• Ano;,,..,d: ------------------- 3( !),.., Gr a ~uoteG F1r,m H i~ Schodl : Jan• 1 34 Z&. t~orn• of School from "'hich Graduot.,. ~ Loat A"4'ft41H : ~Jet' Ytreehe II. S. 37 . Ad ;.,,. 0 1 ~0 '"., New Utrecht Av e . Brooklyn. N Y type of o•;cownt cn4 """"\., Ban kers Trust Co . ,., • • I • • • - • • - B.l.CKC'!OUNO IH i'ORM.lTION R~POl!T PACE 2 odd•••• r•l•phon• OCCOl.l"f R. H. Macy Herald Square 9', _o 94 033 Vis a Bank Arner. 4250 17 J 052 470 Saks Fifth Ave. Fifth Ave., NYC 47 337 266 odclr••• t•lephon• t i•• lino""" Dr. Stanley Hoch 1 Hanson Pl. 638-7071 10 years Dr. Michael Garber 260 -1st Ave. GR 7-lJ25 7 years Madison Ave. 758-4.999 20 ears ••1e,hone: ------------Al, la Your R••id-Htce Moogoge.f? _________ 4 ... \\lh11 Holcl• Mortao:• ---------- oddress: ----------------••lsphon•: --------------------------------- ~S. If Yowt Residence fa OwnH, Stat., ih Curt9"f Mo~•t Voh.i• oncl Annua1 To.otion: --------------------------- ( a treet or n,,rol ch•il"ofion "47. Hes Ap,lic.,.t e.,., U1M Art7 Oth•r Hom• {s): -------"""-'""------------------------------- If ... ,,,lic•ble, Liat No ... e(a) U .. cl. When ond Wh ere: -------------------------------------- o. Me;d ... H-· ol s, ....... AppBcoot: (..i.1.h .. ., ;. opp);~~··): Edi th Bras law J9, s,ou•o• full N-•: Decea sed SO. S$tow••'s Place of Bl,.,.,: ---------------------51. Spouo'• Dot• of B ir rh: ------------------ CJ1y Srah 5'2.Mo"1er'sFu11P•hme: Becky Braslaw SJ. Dot• of Birtft : -~~[..;?::._ ________________ _ 54. FotTtn'• Full Ma"'•' _ _.p"'e..._..c.,e....,a.,s;i.;e....,.d._ _____________ 55, Oat• of S i r~: --------------------- -~.If A;iiplic~~I•, Ll•t s •• ; Roe•, H•lgftt~ W•IQht, Hair Colo, and Er• Calo• oJ S~o•,u : -------------------------- • Susan Jan Silber Sept. 6, 1944 251 E. 32 St., NYC I • • _( Hilary Lee Lander S ep t. 15, 1948 6220 Bay Parkway, Brooklyn, N.Y. • • • • L ~qu•:>r r_.i.:;er.s~ .'.,1,i ~lcants 0 :-?l y, Answer the Following Que s tions: ~ l V '3 . DCtic clbe in d ail the Building containing the promi"s to be licensed< C/ j~· a . Type of construction: ~ b. For what purpose use:-,d-=--: ----------------------~------ c. Specify the floors and rooms (or areas) where alcoholic beve!"ages will be sora.--served , and s t ored: ______________________________ _ 59 . Who owns the land upon which the licensed premises are situated?: Provide full name, residence address, and date of birth;__ _____________ _ SO. Will the Applicant, or anyone else, conduct any business other than the Sale of Alco- holic beverages on the licens ed premises: . ..,,----------------------- If no . Stat e the Business, including th2 full name, residence address, and date of birth of the person who is to operate it: ------------------------ 61. If the Applicant does not reside in Colorado, provide the name, residence address, and date of bir t h of your authorized agent in Colorado upon whom service of process can be m a de i:1 any proceedings a g ains t the applicant pursuant to any statute, ordinance, or I ( r ':!gu l ation a ;:i ;>licable to the conduc t _cf said business : ________________ _ ( Has the applicant agreed to permit any per son to receive, or agreed to pay to any employee O?" other person {by way of rent, salary, or otherwise) all or any portion or p e rc ~n t age of the gross or net profits or income derived from the business to be con- ducted unde?" the license herein applied for? If so, state complete details.------ Id <!ntify by name, address, and date of birth, the manager of the concerned premises: /\re ~he pre mi se s owned or le as ed by the applicant? If leased, state from whom, i.ncluding full name and residence addr-ess if applicable . Provide complete details t'·.;;;ar ding t h e lease agreem•.;;"unl!.t"'-·-------------------'---------- • • I • • - • • • • 6 5 . If applicable, state in d e tail any form of En ~·~rtainmen t t.o b e offered: 66. Do you h:ive ar.y direct or indirect financial interest in any othe:-business, partner- ship assocUition, organization or corporatfon, which has a retail liquor iic.ense or any financial interest in a retail liquor license in the State of Colorado? YES NO No U answer is YES. list full details of any such interest(s). _________ _ 67 • I hereby aclmowledge that I have obtained and examined a copy oi the Color2do Liquor Code (Chapter 75, Colorado Revised Statutes, 1963). (NOTE: Copies of the Code are available from the Colorado Department of Revenue). -· -~ e ( • • I • - • ( • • • Il!FO:U~~TION COI JIIWJATIOll SHEET (Ide ntify nu mber of item con ti;~ued ) I certify that tne facts contained within the foregoing background information questionnaire are true and correct, and I understand that any fa1sification or misrepresentation will result in a rej~on of this ap?aication or revocation of license for 1>1hich applied.-· A M~,,~· .~L Sworn before me this /1 day of , 194 [; ,1 by l 0 11·11 fl t iC l/M 1.... .. 5 .. 1:.J Name of applicant PATRICIA SESSA NOTARY PUBLIC. STATE Of NEW YORK My comni s s ion exi:i fres ____ r..,1a.._..4 ..... S?.....,1wz&..,o.__ __ _ SE AL . Qualol :tJ in Now York Ceunty Comm iss 10,1 E;c>:rc; March !O. 1980 4. m & 252 SIEW 25 . '. aaacawww.aaw.Mta: *'*Mii .:-----==-=.===--------------------... • 0 I • • ( • • • • RESULTS OF INVESTIGATIO N POLICE LAB Completed by: t./l/P.P ~~~,-~~-----~ O:ite: ~------------~ ( ) Fing~rpr1nts ( ) Photcgraph Corr.men ts :_Fi_,_,,.~'~lfr-'"~~ ..... r, .... n_~.4,......,..12..._ .... A'-='"'"""~-" ... ~~ .... 1 -1<.,;;-e=k'""'H"""-'-/--'-'~rcn--O='/-u~'C&.&.""'-_/<"---'0_;1..1_c_~ __ A''?'ff 4,.. ~llnfja / ,/) E. ""-,a INVESTIGATION DIVISION Investigator:. /)qu /Jl~if-tf/ Corr.ments: Alo .. hv11W N G/~,.,;,...,.,. Oa.te11yo C:,z1;.;,c . &~,f,f OFFICE Or THE POLICE CHIEF · t:/a hCl /q O"-'". Q.k B In vestiga tion has been reviewed: t;>4' Approved ( ) Disapproved Ch~~~ CITY OF Er!GLHIOCD • • I . ( • • • • PERELSON 8 REHMET SAMUEL 5. Pl!:RELSON . CPA RALPH A . R!:HMl!:T, CPA To Whom it may Concern: CE R TIF"IED PUBLIC ACCOUNTANTS April 23, 1979 488 MADISON AVENUE NEW YOR~, NEW YORK 10022 (21Z) 758 -<4999 I have known Edith Michaelson for more than twenty years, both personally and professionally and know her to be of good character and high morality. I have every conficence in her honest~d integrity. ery s, i ~tJil.l-<t, / SSP/ma • I . - 0 • • April 19, 1979 • • • ELLIOT FRANKLIN, C.P.A. 132 Ocean Parkway Brooklyn, N.Y. 11218 To Whom it may Concern Mrs. Edith Michaelson has been a friend of my family for the past five years. I know her to be of high moral character and a hard working, dedicated business woman. I have every confidence in her moral integrity and honesty. Very truly yours, Elliot Franklin EF/hs • • I • - • ( • • • .. • STANLEY A.HOCH ,D.D.S . DN& H4N80N PLACC B•DOICLYN, N. Y . 1 1243 NIEVINe 8•707 1 21 April 1979 To Whom it may Concern: Edith Michaelson has been a patient of mine for the past ten years. I know her to be a person of good character and high morality. Her integrity and honesty is beyond question. ,~°$truly, f3'r/lll / s:ln~~och~~ • () I • ( • DEPARTMENT OF STATE • • • . - CERTIFICATE· ~ MARY ESTILL BUCHANAN, f/Jecie~ o/ fJJlale o/ Ike fJJ!cde o/ reoknaclo limety cetUW Ilia! the fo~,e1,tK/'ei4u~ fo;, I~ ~ o/ tlti4 ceU,/icale Ii~ teen folfitkd in comfilW1Zce willt kuP. and aie fotmd le ronfovm, le /au;. Aaxndt~ly ~ die umdeMiyned, by 'lfltidue o/ lk aulftO!Uly 11-et>led ffl me ly kif)~ hetebzt lMU~ A CEF=:T IF I CATE OF I NCOF.:PORAT I ON TO JRCf~ FIEL(:o, me. DATED : APF.:IL :1.0, :1.979 • • I . ····- j .! ( • • • • 0 ),1, •/) ARTICLL S CJ!' INC0l'J'OltA't'IOt1 OF J ACI ; FICLD ' m e . We , t he un dersigneJ n a tural persotis of tl1 e asc of e igh t een yea rs o r more , actin g us inco rporators of a Corporatiun uncl er the Colorado Corporation Act, adopt the f ollowing Ar ticles of Incorporation for such Corpocation. ARTICLE ~ The name of the Co rpor.:1t ion sh.:l ll be: J ACK FIELD, INC. AP.TICLE II Th ~ Corporation sha11 e ::is t jn p e r p e tuity , un t i 1 or unl ess dis~olved according t o l nws . The intent .:m J purp ...,~e-; f or ·.1:-,Lch t h e Curpor:1tion i r; orga nized a rc: 1 . To ent;.,!ic in Lh c: di!.!JC:tsinr. o f alcohol ic bcve r:1ge3 and food, operatinz as a bar and r ~~t~u r~n t , anJ eenPrally to purchase or othen1ise acquire rest::tu.:-.:mt-; and t avP rn::;, a ntl t o m·m , h o ld, l c.:i.sc, rc."nt, or sc 11 s 1u.:.h hu !;in\:'!;!i or hu"i ines~c!.i . 2 . To acquir e rc.11 :ind JH'r <';o :-t.:i l p rn;>~rty wh c CCV('C situate and any and nll in cr c~1-~ th erein a nJ co~s truc t buil clin~o and Structure ~ of all kind ~. or oth er i :":.;;rovt.~rnent!;, U?o n itf. real prop er t y or u pon tl1e re ~] property n~ oll1 ~rs . 3 . To own, r.i a natic , op ~r.:1 tc , l i:.1;.~, an cl SC!) l rc .::i l property ;i:id buil d in 11~, struc:tl!r~::>, and ir.provl•ne;;t:_; to rc.:i L propen y . • .j I • • -..::. ... -~ .. - 4 : • .. ·:~ ·-.. ., . ~ ::;· .. ~ -: .. ... ·-:. ... ::. t: . "~ -. . : : -_ -t ·:-;.-:;.~> .-.. .... _ ..... -::: . · .. , ..:. . -\ .. , .'-{," ~~-:_:~I • .: ::.:,- :~.~-_, ::· :-= ~-~ .• •t' I :'f~:-,~·.-. ~~~: -.~· ·~ .. ~~.-·· ... ; ·.;:~ .. ~·-.: . . . . ~ . :t .. ·'· '. ' ,, ... ;. . -... ! ~:t ··~· · • r ~;t .. , > -~ -· -'· -... ~ .. •, • -. ... ~:-. ::<·~4:t ....... ·'!' •.•.• 1 l . ' 1 .1.· I i I i I· I } • • • 4 . I n ge n e r a l, to carry on any o ther b u ;.i ness in c onucc..ti on i.•ith the f orceoin g, anJ t o h ave and exercise all the p0wcr s and riehts c onfe r re d b y t he laus of the St a te o f Colo rado cpon Co rpora ions fo n .?:::d un dt:r such laws. The foregoing clauses shall be c on s trued as purpo ses, pouers , a nd rights , and th e m.::itt ers expressed in e a ch c lause shall be in no wise l imited by r efe re nce or inference f r om t he t erms of any other clause , but shall b e rega rded as independent pur pos e s and powe r s; the en umeration of s pecific purposes and powe r s shall not b e c onstrued to l imit or restri ct in any manner t he gener.:il p o\<ers and r ights of the Co rpo ration as provided by law, nor shall t he expression of one purpos e , powe r, or righ t be deter.nined to exclude ano~her , al though it b e o f like n ature but n o t expres s ed . ARTIC LE IV Capital 1. The a ggr egate n um ber of shares of stock which ttir. Corporation shall h ave authority to i ssue is Fifty Thousand (50.DOO) share s of n o-p ar v a lue c or.rreon stock . 2 . The cor p oratio n sha ll hav e the right. by appropriate ac t ion, to i mpo se r est rictions upon the tra n s f e r o f any shares (1f i ts C Orrm!a~ stock , o r any interes t t herein, from time to time issued • pr o v i d~d t ha t such re s t riction s 2 s may fro m t ime to tfme be so i mp os e d o r notice of the sub stance the reof shall b e set forth upon t he f ace o r b ack of t he cer t ific.'.ltcs r e pres e nting such s n ares of comcon stock . 3. Pre-Emptive Rights: The holders o f shares of the c ommon stock of t he Co r poration shall h a ve th e pre-emptive right t o pu!"chase and in all othe r wnys a cquire new or addit i on a l shares o f any cl as s of stock \lhethe r n o" o r l ater authorized to be issued. 4. Votin g Righto: The excluoi.ve v otin g pow e r in the Co rpor.:tion shall be in th e c orrr.-o :i sto ck with ei<ch holde r of the corrmon sto ck entitleod t o o n? v ote o r fr ac ti onal vd'te for ea ch ~hrt rc or fractiona l sh.::ire of C Onii':On stock h e ld. • • I I I I I I • • - - • • ..... ~... . ... -. ~ ,, . ·~ :-'. ·· .. .; ... , .... . . -.... · . ... -.... .,.• -=~ .-., '. $-'·· l ... -~-.:· ~ ... :·. -: r ..... •.··· "· ,':"'l'• .. .. -.. " ' ... , . --... .> •: :; ... ~·: , --.. 1:: ~ .... _. '":~ .. r:~£~~:. "•' . .. . ::-_:·.-.·. ' .: ~- -~ · . -\, q ,., ... ' --~· : •. -: ' .-. .. ' : ~ ~ ~~-~~~~--:~:::;--:} .'; . -.•. :f""":-. I •• • .~ • ;· •• .s .•• r_, .,.. -; i l. j f· . .. ; t J· I , .. .. .T .. ·I ' !' • • • '· . ....... ,..: .. :: ? : : . : ·. ::-·· . -. . . . '\ .· ~ . o\:\. ·:: .. _.:. '. ·.. '-: . :··:· :~: ... -.: ... : :· r.-... ~ ::-... : •• ~. : !-'. .. : • ": C r '.~· .. · •• :.'.. : · .• !" ... ,. . j .... •• ~ : ': :.. • -r ! ~~ .... .. . : • . ! ~-.. . ··.:: .. t/' ' . . , \·f 'tho ·· ... _-1- 0::· . .:! t i'."' i:.:~---·~ .:~:.~ .;.:.:·.·.· ... :·\.·~ u :'" ; ~ti ' ( h~·t:4.-· t•,·r~-'~:::. \.?a ~;"' ·:.t .>.t>f t". ;~:.. PLrc\.·~ .. ·:·:· t n~:: ::~,· !i ~::t .m :t:~.t t :\:c •<'t .\;'f· C"'( :-t htrf..-· _ J c1 !~;-i .\. f.L· i ;.\.-\' 11 3 i ~t) S .t ltt:\ ~:.-'.'.:..•.:v Enf.l C"' .. ·\1,,,\, C,1 l1..l r ::.!:, l b r ,,1 ,1 ll'" ;r .'.l i .. Sl' S .. , .. li ~' j~··l L·i.1 ••. ,. En~.l 1.!h'\'•1.i . (\-. t \' 1· .1.: • .., F1·:mL"~s M. 3 i SO ~~"u! h En£,ll"••1 ,"I,\, Q l~:·,·.1 H •·,'l .1,!1•.~y l \•lt••-.hl.._1 I N \·."lTNESS W!l r.!~r:nr.. thi.• si~nc<l n nd v~rifi c ~ t ?1~~c A1·ci~l ,••: of a~ . 19/•' . -.(/ -~----- -, • !l tl ! Ill I • - • • i •· ! ' ' • ... ... . ; • • • . »£ 01' CO J.OP./\llO CO l.i?iTY OF ARAP/J IOE SS I I, th e u~<l e ~si gne d Notary Pu blic in the S tate of Co lorado . / ,_,{ . hereby cerlif;· that on the )tJ 'day of /,a..,f' 19 79 , personall Y 1· --I .appear ed befo r t n:~ J ollu A. Cri sue::ll, Ha rold Hurs t. and Frances M. Qu e~ ;:ho, t 'ing b ;; ae first duly suorn , severally declared tha t they are / t he p i:?rs o ns who signed th e forcl oin g documen t a s incorporators, and t ha t t he stntecents therein c o ntaine d are true. I N WITNESS WHEREOF , I have hereunto set: my hand and seal 1979 . My Comui ss ion Expi re s: /psftr:.9-- • I I I I I • • .. '· .. • -- • • • BO/d~U OF Oil~Lt.:10::. 01· J /\Cf: Fl!:L!J, l::c The org.:.ni:.:n t i on:...l l.1LCti1l;-CJ( the iniLial B~.lrd of Di ret.to!.s of J n.cl~ Fie )cl, I nc. \\'.1. held 0:1 Hed:ic::.d .... y he l lLh dHy of April , 1 979 , at t he h o ui· of t r ~~ o'cloclt p.n . at th e law offi c c:s of Cri s\:ell & Pdtt t>1.::. •. m, A torncys .:l Law , 3 780 Sou t h Ilcoc1d;1ay . En glc\:ootl, Co loraUo . Pre sen t .,t t he nee ting Wl:!t·e t hree Directors wh 0 i.:ere d ~s i ~n.:ited in the= Articl E>s of In coporution t o s0rve a s Dlrec t o1·s of t his Corp o rat ion until th e fi rst annun l m"'ctinci of shareholde rs or until thl.!ir succc sr.o rs a:-.-e (•.:lr ] i cr clc c tcJ .:ind !:>h .1 11 qu.:ili.Z"y . Th sc pci·s on!-> are : J ohn A. Cr i s\·:c-11 , Hurol d Hl :··s L ;rncJ F r nnce!: M. Que-e n. Al so in altcncl.Jnce w.1s J ;~d.; A. P f•nfl~l<l , Ldi.th :-iic:hacl:-:o n , :tnd Dor"i G Htt r ic Hu bQr L. Attached hi.!1:eto is o u:-i ivl.;'r of no t i.Cl' of t ht• me etin:; sign e d by e ach of th e Di rector s , t>.'h ich univc't".s v.·c1·c p rcr.entcd to th e Hoard by Mc . Pen fi el d. f ll. C ri ~H ... ·e ll ad vi se d the Hnrtrcl t h1L it wou ld h 1..· app1·0- EtU t h t!jch ~!c•l sc1:i ~n u Do ri!. tl.1 ric• E u~rn Wl.!re n om in<Jtcd anU un ;m i- mnu s l y e 1cctc-d .:is Uirt •cto r ~ o f tl d!' c:o1pol"..-i tion to ~11c c-eC"rl the t hrC'e cri_p,in a l i11c orpor.1 t1 •r:;. The Chrtirm·,n t hen c111tci /or t h <-prf's L'.n t:i Lion of m.J ttc 1·.:; Arti clC'f= of Tne o rp o r .q:j(\I~ fn!· .J·tck Fi rlt!, Inc..:. J-..1•· h <'<'n f i l e:d an d duly ccrt i fi,..<l h 1 t h.1· uffi.c:c of thi.. S ~:cr ct:!r-y of St:tt<·, Sra Lc o( C o l nr~<lo , on A?~il 10, 19 79. }:.·. Pl ·nfi~ld pI:!c-crl h cfo r c the necting the duplicnre o rifi1 :.1 L r.f t ~H.~ A·-r !..l:1r•,:; CJf l u coq)(1 r .i r ion , • I • • - . · .: • • • . ·- , .... -· ~· • • • .Jnh:1 ;,, Cri ~\U ·l.l \·:ils Lhc reti ::>L t~n·d :i g cn t for t he Co 1·porati.on \·:jth th t~ re giste red offic'-· ilt 3 780 ~outh Bro adwny , En g lewood , Colo raJv , .:ind he asl:cd the i'.unz·d to approve th is designation. The Bvl:l rd so aµ;>roved. The Ch e?i r rn nn n ext placed b.:!fo~e the mee tin g th~ propu~c<l By-L~lh'S of t he c or poration f or the con !:>i deration an<l appro"nl of t he i nitial Board. The followi ng resol ut ion was in troduced withc ut opposit i on and unanimously approve d : RESOLVED : That the By -Laws as pre - sented to th is meetin g b e and they herel>j• are adopted as the By-L2ws of thic c u~p nny a11d a copy of sa id By- Laws b e a ttac h ed to th c~e Mi11utes a nd re tained .:15 o pcmancnt docune:i t of the Corporation. Mr . Penfield sub:ni ttc d for the Bo.:ird ' s con s i Uer.:i tion t he r~q ues t th ;i t he• be ~utl1 c1~izc~ t o obtain a corpo ra te s e al t o b e in tl f orm i11 co1z 1p liancc wi t h the By-Lnws and the laws of til e S t;ite of Colorado. The fo llow in i;: r e solution was introduced an d un u.n i.mo u s ly approved: RESO LVED: That Jae!< A . Penfield obtain t he Corpo rate sea l in Lh e form desi g n a ted, whi.ch i s h trcby approved as the official seal of tht• Corp o:-.1tion, and ;in impression of sar.ic slrn l l be pl3 c ~d i n th e margin of t hrs c:. !li nu te.;. Th e Cha irman ne xt c.:1l l cd fur th C! election of o fficers .T H.I c i.J.lletl f nt" nom in.1 ·ion s. Tlic follo~.;l n p, persons "-'ere noain ;i ted t o t he o f f ic e~ s et opp os ite t h cjr n .:i me !";: P1 ·c sidcn t -]'r~u sur c r J ack A. Penfield Sec r etnry I:d iL1 1 Michaelson There \Jere n o other nn mi nations. and the mo tion wa s approvc U that the Secretary af t he meC">t ing indica te the unanimous a pprov.:;1 o( the s la te of officf'rs so n oml n ated and p ro p o sed su ch nffiLcr r: to hold t he c1ff i cc~ s~L opp o~i t e the ir n J~es until their SU(-Ct's<.>o r~ sli.-::i ll hrave Uecn du l y elected anci qua lified, and the Ch.1 irm1:i dC'cl :i n:.d Lile s J :1t~ of o fficer~ so elec ted . It \\ 0 .-i :. ~ug:;cs t,·<l tlwr he Bonni n ext consider the i ~:.:.i.1·1cc o ~ c,pil-".1 sl-oc k of Lh!' Corpo r.i tion. There W.J !; placed fj c1t.c. Th~ fol l m·:i n~ rc ;nlutinn was int roduced .1nd un.1nlmo u 5 l y apprO\'C"d: -~- • I • - ' '·"' / ·' ':·· .. · ·. ..... ...::: .. • • • • • • 2 . 'J"i1;Jt npJn i·,·r ·~pl b y tl 1r: Corpo r a- t iun 0f tht· 5ut:i o $50 ,000 f1c1ru J :J ck A . P c-11fie]c.i , the Prt! iG~nt and Se::c r t!t a ry a re h 2 .r~hy a ut.hor ze d _;.:n d d i r e ct e d to . rAeL ul c , And to de ive r to Hr. Pen f iPl d , t h~ C 1L porRLion 1 s pr o~is~or y note . uo- sP.c.:11r ed , in srd d n mount , which n o te s hall Le pay ;,L le , tot;e ther wi l h interes t at t he riile 0f bl: p t!r annum , o ne y ea r aft e r x C'c ut:lon. M:'". Pi..:11fjcld Ll1c n £-lRtE-d t hrt t th e Boa rd ~hou l d d cs i ~n;}t e a d e 1ios i Lory for t l 1e 01 pora t c f un cls an d to d es i.gna te tl1ose p e r s o n s '~·ho ,,ay exccu::e an d sign checks .:J nd o t he r i n strumen t s for and on L<>hal I o f the Corpornt i o n. He further n ote d th a t b a nks typicRlly p rovi rle :!. fa n:::! of re~o l ut·ion anJ signat u r e c a rds f'or the conduct o f c:o i.po-ate b i.in ld ng lJtis:i nes~. Upon tr o t l o n d u ly ma d e , secon ded kf.SOl.VETl: Th .•t Lhc r residr·nt a n d S<•c 1 (.'t r.ry sc 1 C>ct an appropr i a te b a nk <tl \.,,hjch t o mni n rBin r r qu ircd o pcra - ri 11 g <H'<'Cllints fo r t he Co1porat i o n and tJ1n 1 tJ 1~ r r~s irl t nt ~~d S e cr e t~ry be vcs r-f'd wi t h t he auL h ur ity to e xec ute t l 1c-st;mda rd f orm of rrs oluti o n p r o- vi d c d b y the h 3:i k au t h o ri zi ng appropri- at e p1·•rsons t o 1111cif:"rt akc de po s it an d wi ll 1rlra · .... ·ri l t r.;nr:.~C'tio ns f rom s 11ch ;H."<·Ot11l l S. Tl1erP lH~inz no otl1f'r bu :;inC""s s b r o u eht before t.h e Board. t h t • 1 ·' r inr, ...id j t111111f'cl. l lATE A p~il 11, 1979 \·~t ·. tJ 1c.: 11 11<!1·1 ... i tn<~d . l.H·inp, ::t ll of tl 1c Di r<:c tors of Jd c-k Fidel, Tnc., d o h••JC •Y ;,pp•ovc 'in d r Rti fy a ll of the ~c t ions t 2kcn bj' t h e Boarrl o f n i rrc t ors th ereof.' as reflected 1,- • I • (~ • City of EnglewOOd April 26, 1979 Mr. John A. Criswell Criswell and Patterson 3780 South Broadway Englewood, Colorado 80110 Dear Mr. Criswell: • • • 3400 S. Elatt Street Englewo od, Colorado 801 10 Phone (3 03) 761 -1 140 Please be advised that the property at 701 West Hampden Avenue is zoned B-1, Business. There are 106 listed Per- mitted Principal Uses in this zone classifimtion which is Section 22.4-10 of the Comprehensive Zoning Ordinance. The following uses are permitted in this District, in which a hotel and restaurant license might be utilized: §22.4-10b(34) (54) (87) Eating and/or drinking establishments Hotel Restaurants If you need additional information, or if I may be of further assistance, please call. Very trul~ yours, I. C. P. gw cc : William James • /.,, .. I . • • • • CAPITAL ALLIANCE COMPANY 701 W•t HMlpden A...,.,. Englewood, Coloflldo 80154 (303) 711-8800 Jack Field, Inc. C/O John A. Criswell, Esq. Criswell and Patterson 3780 South Broadway Englewood, Colorado 80110 April 9, 1979 ATTENTION: Hr. Jack Penfield, President RE: Cinder Alley Lease Dear Kr. Penfield: This letter will confirm our offer to lease the space outlined on the attached plan of the Cinder Alley Hall, Cinderella City, to your corporation, for the retail sale of food and beverages, including alcoholic beverages. The term of the Lease shall be for ten (10) years, with a minimum rental charge of $15.00 per square foot per year. There shall be two (2) five (5) year options available to you: the first will be at $20.00 per square foot per year; and the second will be at $25.00 per square foot per year. In addition to the minimum rental charge per square foot, there will also be a percentage rental equal to seven percent (7%) of your annual sales volume, less minimum rent paid. In connection with this proposed Lease, we understand that you have applied for a hotel and restaurant license. Your acceptance of the terms of the Lease as outlined herein will be conditional upon the acceptance of your application for a liquor license. The term of the Lease will commence forthwith, but the rent will not commence until the issuance of a liquor license. If the foregoing meets with your approval, will you kindly sign a copy of this letter and return it to me. WA/smo Enclosure ACCEPTED AND AGREED TO THIS __J_ day of k,e;J'~ , 1979 Very truly yours, CAPITAL ALLIANCE COMPANY ,l::; It.~ ... ~,_. -t- -Wilfiam Alpe ~ General Partner • I • • • CINDER ALLEY 8'5" N . ~ Approximately 603 square feet ,., Store Unit No. £...J.249 • '• • • • J.C.~nney .W JosllnJ • '·. -~----, I I I I . • • - • • ( ·"°"~ 7 'o " ,,,.,,,. ... , --~~-~~"~~~--~~~~ ~ 0 .. -~·'-/ i ) f', jJl"'J ~ u K .9'..f" ?- ' ~ ~J I•· J "1,,.v- ~ ,, ' ~ ~ . ~..,, A;.\::> c._,. ~e.c T~._ + ~ ~ Sfi lc_ .,., RH ..... e.1(' ~ .sh.~c. ~ ;t A-1.-r:, , . ..1 (Jr If-a--'" .:-• J't>" ... . • //'p'' t I . s:/- • • • - • • ...,. . ----"'""'====:::i'o ... •:]--.. -..... -.. {1 ~· u ~ = ~ d 3 ll ":'2. U\ ~ ; .. .. . I Stora.3e~ R-ep~ ·.-• • ........ ·. I . • • - • • • • • -• • • _J • .. • • • • • • . . ' . I ----I ! i ... --. --·-.J .I (") . . ' ,.., " • i :a ' ' l • • • • • • .. • • • • • • • • .. I .. L • • • .. • • . -PENNEYS . • • • • • • • • ! • • ~ I ; • .. • I • • • - • • • STATE OF NEW YORK COUNTY OF'-)i.1,v( ,/i/C / SS ) • • • A F F I D A V I T --------- Jack A. Penfield, beinf first duly sworn, deposes and says as follows : 1 . I am the duly elected and acting President of Jack Field, Inc ., which is a newly formed Colorado corporation. 2. On behalf of the corporation I have entered into a letter agreement with Capital Alliance Corporation, whereby the new corporation has leased space in Cinderella City, 701 West Hampden, Englewood, Colorado, for the purpose of operating a restaurant and bar. 3. On behalf of the corporation I have filed with the City of Englewood a liquor license application in which I request the issuance to the corporation for that location of a hotel and restaurant liquor license under the laws of the State of Colorado . 4. In order to commence operations as a restaurant and bar, it will be necessary to do certain improvements of the premises and to purchase certain equipment, supplies, and inventory. 5. In order to finance this operation , I have purchased certain shares of stock from the new corporation for $1,000 and agreed to loan the corporation the sum of $50,000, to come from my personal funds, in return for which the corporation will give 1 ,.. to me an unsecured promissory note in the amount of $50,000, which shall draw interest at the rate of 6% per annum and shall be due one year from the date of its execution . • • I • • - • • by equity or by loan in this corporation. no person having a wholesale liquor license has any interest, in this business, either by equity or by loan; and, similarly, in another liquor license in the State of Colorado has any interest funds involved are my personal funds; no person having an interest 6 . I am the sole stockholder of the corporation; the Further, Affiant sayeth not. ..,)( Subscribed and sworn to before me this ~ day of ( • 1979 . • • I • • -2- • • • • • COUNCIL ACTION REQUEST LIQUOR AND J.2 BEER OUTLETS APPLICANT: Colorado Pizza Corporation dba Mr. Gatti's · 225 E. Jefferson TYPE OF ACTION REQUESTED: Public Hearing 3.2 Beer License -on premise POLICE AND FBI REPORTS: lb Personal history questionnaires with Englewood Police Department background investigation results enclosed PREVIOUS CITY COUNCIL ACTIONS DURING PRIOR TWO YEARs, EXCWDING ANNUAL RENEWAL: none CITY ATTORNEY'S REVIEW: CCM\.(ENTS: • I . • • • PLEASE DO NOT WA ITE IN THIS SPACE •DAL •03 (Rev . 91761 • STATE OF COLORADO DEPARTMENT OF REVENUE APPLICATION FOR 3.2% FERMENTED MALT BEVERAGE LICENSES (RETAILERS, WHOLESALERS OR MANUFACTURERS) THIS APf'LI CATION MUST BE F1L£0 WITH THE COLORADO DEPARTMENT OF REVENUE, TELEPHONE (303) 892-3741 , STATE CAPITOL ANNEX BUILDING, 1375 SHERMAN STREET, DENVER, COLORADO 80203. NO LICENSE WILL BE GRANTED UNTIL THE APPLICATION HAS BEEN APPROVED BY THE LOCAL LICENSING AUTHORITY . IMPORTANT: CHECK THE APPROPRIATE BOX FOR THE TYPE Of LICENSEISI BEING APPLIED FOR . TH IS IS AN ORIGINAL APPLIC A· TION AND A COPY MUST BE KEPT IN YOUR FILES FOR REFERENCE WHEN APPL YING FOR RENEWAL LICENSES ~ RETAIL 3.2% BEVERAGE LICENSE -IN CITY FEE S 46 .25 0 RETAIL 3 2% BEVERAGE LICENSE-IN COUNTY FEE S 67 .50 0 WHOLESALE 3 .2% BEER LICENSE" FEE $100 .00 0 MANUFACTURER'S 3.2% BEER LICENSE" FEE $100 .00 "MAY REQUIRE BOND THE UNDERSIGNED HEREBY MAKES APPLICATION FOR A STATE LICENSE AS INDICATED ABOVE, UNDER THE PROVISIONS OF TITLE 12, ARTICLE 46, CRS 1973, ANO FOR THAT PURPOSE MAKES THE FOLLOWING ANSWERS TO THE QUESTIONS CON- TAINED IN THIS APPLICATION. EVERY APPLICABLE QUESTION MUST BE ANSWERED . ANY FALSE ANSWER OR STATEMENT MADE BY THE APPLICANT CONSTITUTES PERJURY ANO THE PERSON MAKING SUCH FALSE STATEMENT SUBJECTS ANY LICENSE ISSUED HEREIN TO REVOCATION. ALL ANlftlll lllUIT II! PlllNTl!D IN INK 011 TYPl!WlllTil!N Soc ial Secur ity No . 452 -52 -7967 1. ,..,.. of Ai»Pllc.,t(a) -~c ... a....._.1 a_.r._.a~d._.a..._~P.i ,_z ,_z,..a~c .. a .. r+p-.o .. r .... a~+~i .... o .... a~----------------------- 3. Addreu of piece lo bo llcenoed : EXACT LOCATION OF PREMISES MUST BE GIVEN . Give alroot ond number . where poaoiblo .11 piece lo bo llconoed la locotod In o town or rural dletrlct whet'• It 11 lmpouib .. to give llreet W'ld number, th• k)t Ind bk>ck number or part or MCtion where k>cated mu• be glV9n . 22 5 Fas± lefferson Ave En glewood , CO 80 11 0 5. TypoofBu~"""--'::.J...L-4-C.....nt:.>..L.dJJLLo:U.U-----------------------------~ e. Do you h8119 '90•1 po....aktn of the preml ... tor which th la 11PPlic•k>n tor Ileen• ii mllde? -=~---------------- 7. Aretttepremtwowneelotrented? rented llrented ,tromwhom? leans c o I nye5±ment Company (•) E~lvedlloot1-5-10-79 (b) E.oiplrotlonDlloofL-5 -1 0-89 8. Under CRS 1973, 12-46·117 (TO BE FILLED IN BY RETAILERS ONLYI (•Hll Tho loCe1 ltconllng outllonly, -upon one ot lflo lollowlng cl-ficotlona apeclliod In lflo eppllcotlon , 11111111 -rtct Ille -ot Uid Ileen• lo : (111-lof oonaumpllon off lfloP<om)-oflho llcon-;or (111}-lofconaumptlononthop<emi-oflllollcon-;or (1¥1-lo< oonaumptlon bolh on ond off lho preml-of tho 11-1-. (v} Tho provlllon1 ol lh la psegr11ph (•111111111 not epply to 11ny llconM I-or eppllod lor under Ihle .,k:lo prior lo lflo •~I ve dote ot th la psogroph ;nor to .,, -111 or ..i-onco ~f. Effective ~te -July 1, 1967. Check one: 0 ID 0 t . lo _.ic..t(a) 0< ell o-. 01--•Ion cn1-10I of lflo Un•lod !llot• of Amonca·1 _....,........_ ________________ _ 10. la epplicant a -of tho !lloto of COIO<aclo? -F"----------------------------- 11 . Wiii you lnlloll ond llaop Ill • oonoplcuoua pl-on lflo out~do of your ..... ,u-t • a19n wilh -.. not omallof th., ten lnchao -· oontalnlng lflo lollowing ·~ -: .. OHL Y 3.2' BEEll SOLO HERE .. ? (APPLIES OHL Y TO AET AILEASI r12 . Are these premiMI now licensed under the Stete Liquor Law or the Coloredo Beer Code? If eo, to whom la the lk:ien• l....:I? -------------------------------91 ... Ucon•NO . ________ ~ t3. DO YOU HAVE A COt.OAAOO STATE SALES TAX ACCOUNT? YES Cl: NO 0 IF YES. Gl'fE THE .ACCOUNT NUMBER 84 -0 7 82479 1•. la 1ny -ornpoyaa In~ or .. _llng ot -Molt __ .., .,Y of tho epp11can10 In lho-lo<-11119 epptlcotlon w•---age of...-_.7 _____________ y ___ ,..,_x __ • • I • • • • • 15. HM the eppltc.nt, or 1ny of the pWttMn,or .nyotthe officers , •ockhok:lieraor dlf'9Ctonof Mid ~nc.,,t (It It 11 ato'Jl!Or•k>n )ever beer\ convicted of a crime in the State of Colorado or elsewhere? II oo , 11810 lull dololla ----------------------------------------- 1e. HM the eppllcmnt , or lf'IY ot. the ~~.or .,.,. officer. d irectof or llOckhokMr ol Mid eppllcant (It h 11 a corpor•Uon) ..,.,: (al been denied e licenM under the liq uor law of Colorado or any other state? Y• __ ND_l(,_ (bl hod an olcoholic --Ileen•.., __ or -kod? ---------------------V• __ ND _l(,_ II IM .,,_ i1 yeo, oxploln lully (Ollech -•• -· ii -i<) 17. Ooea ... .,. m.,ufmciurwr or who....._ h.,. lf'IY direct or lndif9ci finlf'lcial int .... in the bu9'neu tor wh ich thi1 -licOlion tor Ileen• 11 m-? --------------------------V• __ ND_l(,_ 18. Do you h.,. .,,.,. flnMClal int.,... dtrectty or lndirectty in lf'ly buaineee .-.gaged In the manutocturo or wholouling ol "-tod Mell--? ----------------------Y• __ ND_l(,_ 18. lft you ._iving direc11y or indirllClly .,Y ftnW1Cial _ll.,co, -i-t, ftd..,.., ell-•· docor01ion1.or lumiohing1 uaod.in IM OIQr . ing , hlf'ldllng. MrVing or dl9P9f\9'ng of tood or Fennented Matt Be¥ereg. within the premi .. Of' .,.,. 81ructural chlf'lge In the building, ••cei>C •-ior llgn1, lrom .,Y rnanulllClufOf or who-ot "-1ec1 Molt--? V• __ ND_l(,_ 20 . lft you inl.,..ecl in any b.-klng, loaning or financing company? --------------------V• j(__ ND __ _ 21 . II 1M ""licant ii ., --an-(1), (b) (•1 ----------------II man-ot IM bull-lo not IM -'leant an-(bl ~'-----------------22 . 11 IM -llc..t ii a 00•,.,_.., an-·(a), (b), (C) (•) - (b) _______________ _ -otManao• --City Dole ot Blrlll City Dole of Blrlll City Dole ot Blrlll City Doi• of Blrlll (c) -did lllid part-Ip com-dOing buoi-and oubmlt a copy of part-Ip ag-l? ___ (Eacopl h-d Ind wllo partlWllllp.) 23. II"'" -llcanl I•. --an-(•). (b), (C), (d), (•).and (I). (a) OrganlzeclundorlMl_.otlhoSIOloot Colorado . Dola November 9 (bl Principal 1>uo1,_ 1, conductact •-"'D"'e""nuv_,,e ... r ______ , County ot Ara pah oe . 9181• ot' _ _,c.,o"'"'I 01.1.1-r,,.a,,.d,,o,__ ___ _ {c) Dole ot filing 1ao1 annual corpor•• repor1 to IM -ary ot Sl81o _....uN ... o"'y_,,e..,m ... b..,e ... r_9......_.~1""9_.7_,,8,__ _______________ _ (d ) - Edward Lee Mc Clennahan ~Ii 11 i am M. Lamon t J o hn Nelson Od e ! I R ita T. Mc C!e nnahan Homo-City Praoi-t 50 14 Wooldridge Rd. Ca mus Chr i s ti , Vico.Pfeol-t 5105 Shady woo d. Pa I I as . T X Dole ot Blrlll TX 2-20-38 12 -17-4 8 TX J ames Y Elmore Yice Pres Tre.ur• 10700 E. Oartmo uth . F-20 3 . Oenyer . CO SacrOlary 5014 Woo I dr i dge Rd .• Com us Chr i St i, ~ 11436 Strait lane Da l l as T X 3-13-52 11 -1-36 5-30 -20 (•) Liii all ltockholclaro owning or controlling IM Capital Stock ot tho CorporOllon . (Include ac1ual 0-or pledgee). U. -•• -11-. Pwcont ot Dole ot Blrlll -Homo Sir• ND . and City Slock Ownact Monlll , Day , v- .J ohn D Mllrchison 2 300 F i es t Nat' I Ban k Bili I d i ng 50% 9 -5-2 1 E lee Mc C len na han 50 14 Woo l d ri dge Rd , Corp11s Ch r isti , T X 50% 2-20-38 (1) UOI all dir9Clo,. of IM corporOllon . UM ooporOI• -ii .-. -Wi I I j am M Lamo nt James V . Elmore E . Lee Mc Clennaban Homo SI .... ND . and City 5 105 Shadywood Pal la s , T X 114 36 Strai t Lan e . Dal l as . T X Doi• ot Birth Month , Day, v- 12 -17 -4 8 5-30 -20 2 -20 -38 :M . -did you pu..,,,_ or Olart -•ing thll bull,_? Doi• _l.:;!:1.:;~L------------------------­ ;.,. 11 """"'-·'""" ""°"'? '(# Olwthan-Ol--olblacllorllCl0<-whoC.,VOuclltoryourquallftc81lon 1anddoolrablllly Ma llconMOpO<OIOr,lhowinglllonumbarol_. City 9181• ND .o1Vaor9Known --City ND .olVaor9Known -City ND .ofVaor9Known • • I • • • - l .C.. 28. Ult~ ---or_..._,. -.1 lor IN poll! .. _.. f''JI ---Your -Ion --llupeM-II 1' IF nlE APPLICANT IS A lllAllUl'ACTUllUI Oii WMOLUALlll, ANSWER QUESTIONS 27 THA0U0H 32. 27 . 91 .. olnc:e wllll --lie.rt h• occupied .,..,,,1_ to be ----------------------------- •· 91 ... -~1 owr11, -or OPlf-.,Y .,......,_or-• pl9'1 In connection with Ill bull,_ --------------II M>, 11 ... lull d911111 reg_ng ____________________________________ _ 29. eo.. .,Y ol IN -1ic.n11, or .,Y ol IN portn«1, or .,Y omcer, di-or otockllolder ol Nld -uc.,1, If 1111 a corporlllon , n ... .,Y direct or Indirect ftnonc:lat I-In IN bull,_ ol lllllng malt , vlnou1 or apirttou1 llquor II rwllll? ---------Y• __ No __ _ 30 . Doeo 1ny -or compony In 1ny "'""In-ad In .,Yother wlnary , ~or dlllltllty, or .,y rwllil ll-alllblloll"*'l,OWfl , - dlrectly or Indirectly, In wlloll or In part, IN bulkllng or .,..,,,1_ to be occupied by Iha bulln-or .,Y ftxture lor which 11111 --Ion lor llcen1111..-? __________________________________ Y• __ No __ _ 31 . Doeo1ny-.pltl_,........,lderor-1n.,ywfl'/ln.-lln1ny-wlnary,~.dillllllty ,orrwllil~-loll- "*''· n ... .,Y direct or Indirect ftnonc:lli lnl-In Iha bull,_ !or wlllcll thl1 -llclllon lor llcanoa 11 ..-1 If.,, give s-tlcul.. Y• __ No __ _ 32 . USE LAST PAGE TO EXPLAIN ANSWERS GIVEN TO QUESTIONS 29, 30 or 31 , ABOVE. (The loltowlng alltdavlt to ba lignad and acknowladgad by lndlvtduala and aach mamba< of partnanhlpa and by Corporlllon .) STATE OF COLORADO County of --~A~ra-p_a_b_o_e~------------l •· and ----~-!~4~--­ E. Lee Mc Clennahan Jr . being by ma 11'91 duly awom , II tor hl,,,.H, dapoeaa and aay9; thll ha la Iha IPPlicant above named ; or /1 that ha la _..c.C:-~'AL'.,,.....,.~ .. """'c4"""'..::=?k=/-~-------ol Iha abOva named COfPO<allon ; lhal ha haa raad Iha loragolng IP!lltc•lon and that ha (Tille) knowa tha cont-lharaol, and that all matt.,. and thlnga lharaln lat lorlh are true ol hla own knowladga and ha ag,_ to conlonn to all rulaa and ragulatlona PfOITIUlgalad by Iha State Department of Revenue In connection tharawllh . SuDecrtbad and awom to balora ma lndhrlduala and .. _..,. crf .......... _, ........ , , 'a /:! day ol //)'fr . 111 1'Y /f.. . • L/ /,/ ~A« • L_'zy~ (Signature ot'lttery Public) REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (MANUFACTURERS, WHOLESALERS AND RAILROADS DISREGARD THIS SECTION) (CORPORATE SEAL) The orlglnal application nu -• ..,..,nao ana tna pramlM8, Duamaaa conauctao and character of Iha 911Plicant la aatlafactory, and -do report that auch Ileen•. II granted, will meat Iha raaaonabla raquiramenta of Iha nalghbOl"-d and Iha daalraa ol tha lnhabitanta, and compllaa wllh Iha provlalona of Tllla 12, Miele 411 , CRS 11173. THEREFORE THIS APPLICATION IS HEREBY APPROVED . DATED AT-------------THIS _____ DAY OF----------A.O. 18 ------- (NAME OF TOWN, CITY OR COUNTYl--------------------------------- BY : (MAYOR OR CHAIRMAN OF BOARD OF COUNTY COMMISSIONERS OR OTHER TITLE OF LICENSING AUTHORtTY .) ATTEST : (CLERK OA SECRETARY OR OTHER OFFICER HAVING THE OFFICIAL SEAL OF THE LICENSING AUTHOAITY .) (II Iha pram!-ara IOcllad with in a town or city , Iha above approval ahould ba algnad by Iha maycir and clerk; II In 1 county. than by Iha chairman of ·~ bO•d ol county commlaalonara and Iha clerk 10 Iha bO•d. II , by ordinance or otharwl•. Iha IOcal llcanalng authortly la -olhar oHlclal , than ch approval ahould ba g'-t by auch official .) USE THIS SPACE FOR AOOtTIONAl COMMENTS • • I • • - r.uau1ntn 1 llf'f'1u11111 S T A TE or C O LO RADO, COUNTY O F ft.rapahoe Olen L. Bell c:Jo so lemn ly s wear lni11 1 am the I Js s I General Manager ~ EnP,lewood Sen t -inel I ha! l h e s.irne is .l wcellly n1 ·w1p11p@r pubh!>h ed 1 n1n~c 1 1 yo 1 Englewood Coun1y o f Arapahoe Stale ot Colorado and has a ge~•~l -C ifcu1al1on therein tnat said newspaper hH been published con!lnuously and uninterruptedly in Hid Counly of A re pa hoe tor a period ot more than 52 weeks. priOf to 1M fir s! publica!lon o f lhe annexed notice. ltlat u ld newspape r is e n1ered in the post office •I Eng lewood Colorado as '>econd class m•1I ~ilt19f •nd th•t rne s11 1C1 ne w so11oe r 15 a ""*SP•oer w1 tt11n the meaning ol tti e ac l of the Gene ral Aasemb•v o t the Slate ol Co lorado approved M•rch 30 . 1923 . and en111 1ee1 Lf!'Qal Notices and Adv1t11aements · and o tn er &el s r ela1 1ng ro !he pflntlng and pubhsh1ng ol l99a 1 notices and advert1sment1: inat the anne 11ed no1 1ce w as p u b ll1hed 1n the reg ular and enti re issues of u1d newspaper, o nce eacn weeil on !he same day of 1acn week for the per 1o d ot 1 axKve 1nsert1ons. Iha! the f irst pubhcfl!1on o• .... 10 newspape r dated • June 20 19 7~n d•"• I ~~' p11t111c ;U11)n n l sa•d not1re was 1n the i ssue ol .J un e 20 19 7q Su bsc r 1n en a11C1 s wo rn 10 o etore me a Notary 1rcl dav 0 1 Norn rv Puhhc My •,u11 11 1 11~:,.~ 1 L:µucs Jo .• ~b, I~ • • • • NOTICa OI' PUlll.IC HIANllCIOll.A LIOUOll UcellU APPUCA110tl• u ........... ... ,........ ...................... ............................ ~,-,n,1m, .. ,,. ,.... II lh• 011~ OOllllCll cu.-., CllJ eH, Ult ...... ...... • ....... 11. c.e.r.i.. ............ .,. ................... _ ... .................... u.- .., c.llrMe,.... c .......... tllle llr ..... Ill L .,...,_ ...... • .. Cel9rlllle. "':.'i r: t~ '::::ti.-: Cit n••n. 111' .......... ..... 0..,.. Cllltlll, TX. ....... ..... _.,.,. Y.Plw---11.L....i. 11M = I d, .,...., TX, a... -111111 ... '--_,,.... ... OMll.11100 L ._., .... ,.-, O.W., co. .......... _.,...,... a..-... T.-..ci1 at-. .................. 0..,.. ~nc.u. .. ..,.._ .. .... 01 ................. .... " ...... , .. CllrC--.. ....................... , .... ., ...... •• lh• .................... .. It t'lt I .......... .., ,......., -----., ........ ........... CllrC.....11 .. Cllr.. ... .. .... ............ 11.19'1. /91 .... D ....... ...... CllfCleft/ T- :=:::t1m I • • • • July 13, 1979 John O'Dell Colorado Pizza Corporation dba Mr. Gatti's 7100 Broadway, Buildin~ 12 Ste O Denver, CO 80221 Dear Mr. O'Dell: • • • SlllAUS lYNOlldO ~5-11-J -~O-J i usnusod nnsNo~ Purauant to the ~roviaions of the Colorado 3.2 Beer Code, the appli- cation for a 3.2 Beer License by Colorado Pizza Corporation, dba Ur. Gatti'a, 22S E. Jefferson, En6lewood, Colorado, will be considered at a ~ublic hearin~ on July 23, 1979, at 7:30 p.m. The public hearing will be heard by the local licensing authority, the Englewood City Council, in the Council Chambera, 3400 South Elati, Englewood, Colorado. The reaults of our investigation find: l. Colorado Pi&za Corporation ia a Colorado corporation author- ized to transact businesa in the State of Colorado. ~. The offic•rs of Color~do Pizza Corporation have been investi- gated. The investi6•tion revealed that the officers of the company do not have a criminal history. 3. No licenae for the proposed location has been applied for in the paat year. I iae application ia considered to be in c;ood order and ready for pre- sentation at the public hearin~. Thia letter should in no way be con- strued as approving or denyin~ the •~plication. The decision rests with the En6l•wood City Council. Their recommendation will be made within thirty days after the public hearing and forwarded to the State of Colorado, Cordially, William D. James Director of Finance/ ex officio City Clerk-Treasurer /jlw CERTIFIED MAIL • I • • • • CORPORATION IACIGllOUND INP'OllMATION llEPOllT Qty CIM' a Office------ City of Englewood 3400 South Elati Street T,.. el .r..011c .. 1.., ----- · Englewood .Colorado 80110 AMNse/LocMI.,. ------ O.• of Appllc9tt .. ------ 1. "-tic Cl enn aha n. Edward Lee 2, .._ T o lopi,ono: _ __,(_,5;.:l:..:2:.;)'--9::....:.9.::2_-_;4;.:3;.:8:c..7'----- fi nt l -A..._ .. , 5014 \·/ool d rid ge Rd Corpus Chris t i , T X i c-... 0c....,t1 ... : _.._P-=r..,e"-'s=id=e:.:.n~t=----------------.J> 7, a..i-.. -.. , 3 1 50 s. Tama rac , A-10 7 t 1.,,uc•t'• s..1 __ ..,m,.a .. lo.;e.,_ ____ 10. A,.lic .. t"s Recei white a nglo F,_, Oc t. 1976 -P r esent E-.l~~,Co l or a do Pizza Cor p o rat ion 1 •• 1 .... r .,__....,., _7_5_o_-_6_2_6_o _________ _ II, Soc iol Socwlty "-'-• 452-52-7 967 12 ..... lc•t'• Heltht1 __ .. s_• .. 1,.0 .. •_• ___ 13 . A,irplic••'• Wo i ... t: _ _.l .... 7..,0'------1•. Ha ir Color : -~b"-r!o.o=w"-n'---------- IS.. EyeC.l ... t _ _.bu...r"'g"'w"'p._ ___ 16. ~,lie••'• Piece of 5 ir9h : Qkl ahoma C i ty OK U • .,..,c .. t'• Dete el llrtt.1 _ _.2..:-:..2_,0,.-;;...i3.,R._ _____ 11. 0..i•M'• Licen .. N"111111Mr : ____ __,4._.Q.._J.._-;;;..o,2.;;i4._3..,6..._ ___________ _ It. s, ... of 11..,.. f., Driver's Llc•M l -~Tue;;.¥11.a...,s._ _____ 20. Ho1 Y..-Orivor'• L ic9f'IH E111or Been Su1 .... eM • Ro .. "-4?: __ :..:n.:::O'----- 11. II Yoa, Sto,. -., -....i Why •---------------------------------------- 22. Ll1t All Ane1ta1 <UM MtfltleM1I ,.._,.if neceusy) -------·--------------------------- Lht wt. .... -..,. -4 the'••• 01.,..u1on :------------------------------------- 2J . Li•t All Ci•U Act._. ht.91.__t (lftclti1t1N'l1 dl...-c•t) Al .. 1 Witt. N ... s .,..4 AcWt-••H• of All Litieonh, 0••••, Pl.c•• Oftt1 Ceua•• •f Action : ---- n/a -No n e 2• . ..,,.,uc.-t'• •..di el Mill...., S. .. ic• (U .,.Uc.atl•): -------------------25. y.._ •f ~i cer _...JJ.._,,,._ ____ _ 36. T,,. •' Dhch• .. r __ _.,.,....._ ____ 27 . o ... of s.,_oti°" or Ditcher .. : __ _..,._.._ ______ 21. Wh.,•?: --...D.1-i''------. 2'. S-..n Nt.dMr. ___ ...,.-., ____ JO . List All P,.vlous St•t•• R•sidH Witt-in (inclutliftt "'il itory • .,viu): __ _....ca. ________ _ ·-... , ... po•i tion SEE EXHIBIT "B " 32. If E•• Ohch•r ... Fr"'• Po•ltl•, St .. • Wh•re, wt.ein ctnt1 A•eaon : __ ...JJ.0...------------------------- 33. ..,...._of v ..... •' Scheel AHont1...c•: -"""'--------3•. OiplCHR• or o.,, •• Atto inet1 : _B~B:!:A.__~f1..r....,.o:l!m._.s..,M;,.U,,,_ ________ _ Universitv Southern Metnodist 31 . List &ctnll Ref.,ence• of A.(lllp ll cont eM S,euH (If different): Parkd ale Bank Stapl es & Everhart Cg n ms Christi TX 1512 ) • • type •f e c ce unt an t1 '"'"''-' checking # 506-099-1 993-0300 I • • • IACICGROUMD INFORMATION REPORT PAGE 2 -....... • • • ecceunt T D 5ell 5 Jr parkd?l e Bank . Corpus Christi . TX (512) 993-0300 n /a J g h p E Se xton Toma s & Nett leton 2 Q0 1 Bryan T p wer pa l l as . TX (2 1 4) 746-7111 n /a .J am es H Patt e n Kl eberg F irst Nat'l . Bank. Kingsvi l le , TX 78363 (512) 592 -8501 n/a ....... .. . ..._ 41. le YM1t lllea i4""c• o...M., R ... tetl?l ...J;Qllolell.l'.U1Fi:lP'"----.t2. If 111 .... .i. f,.. Whe.i _________ ..,4reui ------------ tea......,..: ------------"l• h Yevr Rea i .t .. ce M.n,.p41? _v ..... ..._ ______ u, WhoHellfa Motte• .. : G j h ra l ter Sa v i pg s 5 J 4& i'11erh a rt , Co rpus c ,,.. ..... .,_T_x __ 7_8_4_1_1 ____ 1._5~1.2..,,i __ 9..,9.....,l ,;-..,B._7uD""Q"-------------- •s. If Ye.w "••••n 1. O.....&, s .... u. Ct.n.nt Mart.•• Velu• ...t AMtw•I r ........ , .... s..,,1.s._s..._.p,...p,..p._. _ _.s ..... 2_5.,,p ... p..._ ______________ _ ........ "'"'•' ....... 11 .. c ity S~E F INANCIAL STAT EME NT ATTACHED 47, Hoa App ll c•t !w• Ua..11 Ally O._. N.,.. (1): __ ll.(;._ _________________________________ _ If At.licoWo, L l at N-f1) U.H, Whet1 •ti Whore : ------------------------------------ .... Spow••· fwll N .... : Rita Jane McC J e 0 nahan Qfy ,, ... 52. Mothet'• Fwll N-.: E y el yo Sm j th Mc C J ennahao 53, Date ol l ir"': _ __..l ... l..;-:..1"0=-,,.0c.5<-------------- !-C . l'eth•'• f vll N_.1 Edward r.ee Mc C l eonahap Sr 55, o •••• 1 "'"'' _ _.1,..o"'-_.2.,o._-:...:0 .. 5:.... ____________ _ 56. If ~ll ultl e , Li •t Si. •• Rue, Heltht. We itht, Ho lr Co lor encl e.,. c.1 ... of s,." .. ' white angle ; 5 I 4"; 130; blonde; green 57, Litt Ne .. ehl, Detehl, Pleceh) el llrth ••d Add,..,( .. ) ol All Children : elate of lllrth '"'"."' ... , ... Kimb er ly A.on 8-2-65 same Shannon Le e 2-17-69 same • • I • • • l- • • LllOGl<APlllC.Z>.L !:i KE 'l'Cl l PERSONAL DA'rA Residence: Birthplace and Date: Family Status: Physical Characteristics: Religious Aff :liation: Hobbies: Health: EDUCATION January, 1953 -January, 1 956 January, 1956 -January, 1960 WORK EXPERIENCE January, 1960 -June, 196 0 Goodyear Tire & Rubber Compan y 1-'osition: Sales June, 1960 -January , 1962 OF 5014 Woo!d ridg ~ Road Corpus Chri sti, Texas 78 ~13 Office: 512/S 2-438 7 Home: 512 /9~2 -650 7 February 20, 1938; Oklahom~ City, Okla. Married, Two child r c. 5'10"; 170 lbs. Methodist Tennis, jogging, rea d ing Excellent No rth Da llas High School; Diploma South0rn Methodist University , B.B.A. l a jor Marke ting Gr :.J e Ave rage: B Presiuent and Vice Pres ident, Alpha Tau Omega Fra ternity Pre · i dent, Inter-Fraternity Council <.i •• ...i Marketing Club ·Merrill, Lynch, Pierce, Fenner & Smith , Inc. -N ...... York , Ne \v Yo rk . One of 25 men sel ected annual l y to attend two-year ~unior E .. ~u=ive Training Program in New Yor k . • • I • • • • ... -2 - J anuary , 1 96 2 -Janu a r y , 1966 .1e rril l , Lynch, Pi e r ce , Fennc:r .-. S!11 i ti1 , J n ,·. -D;:i lla s , Texas . A ccounL E x t.:cutive -r u:..c: Lu li l 1J1 i:wt 1 !11 '-''-' ;-cr.uuc<.:r i n Otfi ce O L J u sLile:;-me n at time of res i 1a t ion. J an u ary, l :.v 6 F ebrua r y, 196 8 Eastman Dilli ,..!1, Union Securi ties c. Cc ., Inc . -.. t ail Sales Nana g e r- Da llas, Texas. During This pe r i od I be cc.rr.e a mem.:.er o f the East.man Dillon Gold Cuff Link Club, Dia r ~"-'J Cuf f Link Club a n d was one o f seven men who e arned a memb e r s hip i n t:!l~ EDUS .S t..:1unit Cl u l.; --.:ll l t h r e t:: ov1 ards for out standing salesmanshi p . In c.ddition , in 1 9 67 I becara ," Ea s•· ·a n Dillon• s largest retail produc.::r outsid1.; t\ew York City , ranking .1nber three nationwide out of 55 0 sal e;.;me n . February, 1 '::1 68 Appointed Resident r-... n a ge r of E .D .u .s . & Co ., Dc.L las . Responsibilities include t he hirir g and su p e rv i s ing of a st .. f f o f eig hty-five persons inclu ding r et ail an~ inst i tut ional sa l esmen, municipal, over-the-count e r, a:.d o pe rations depa rtm.::n c s . 9 · --ober, 1 9 6 8 -May, 19 7v Elected v~~e President, Easc ma~ Di . o n , Union S ecu rici ~s & Co., I nc. Dallas, Texas. In the two-y e ur p c .!.·iod i n which I serv ,. .:.-, this c<:ipa- city, the D.:. ~as office ran ked tni rd in n eo c income a mo ng L.i rt}•-cwo Offices behind New York, Chi ca g o and Los i".nge l e s, all of which h .::d a larger number of registe r ed represen c a ti'.'t:;S . I was Lhe youn g t!s t manager of any major E.D.U.S. office . May . 19 ·; Fanned McClenna han & C o ., I nc ., a S-=curities firm spe c.ia l izing in r e.:>earch, trading a nd sa l e uf the securities .,: hi~h quality , southwester;.-b as ed • compani es , primari ly to small and med ium s ize instit u cions on a na ti o~ i scale. • Investors in Mc Clennal ;:in & Co ., In c . incl u ded the iol . , p e r sons : • Eugene Con stant i n Stu..,c t Hunt He rman W. Lay Lomas & Ne ttleton Financ i~l Corp . E d win L. Cox C . W. Murchisc ., Jr . •Oln D. Murch i son ~-R . Str ickland Grad y H. Vaugh n I I . • I • -• • - -3 - Some o f the compan ies in th e food ir. -st:.::y our c ompany rese:.,rch 2 u wer e as follows: LJ unJllZJ ln ter11;; L j u11.., l, l u c . Church's Fried Chick en , lnc . ~urr's Cafeter i a 's In c . Pizza Hut, Inc. Steak & Ale Resta ura nts , In c . Financings included ;>6 , 000, 00 0 :· ·ivai:.e I;lacer.1ent for Bon a , :.:a I.-:t:er- national, Inc., a $4.6 million public c :ing of a handicraft c o r:-.::i any , and o ~e corporate merger. McClennahan ~ ~o., Inc . opened over 3 Gu institutional accounts in 3 0 s t~tes, 600 individua l accounts, b ecoming one of the Southwest's l e ad i ng in vestment ho uses in terms of insi:.itu-tional brokerage volume. Februarv, 1973 Formed MCI Properties, Inc., as a wholl ;• own ed subsici2 ·' o f Mc C .i...:nno;.;ha n and Co., Inc. The business of MC I P ro perties was the r.:.isi1 ,"' of eq uity capital for leading real estate developers b y bri . g ing togeth er the developer-cli t:.~ts of Lomas & Nett l eton Fin a nci a l Corp . a nd McClennahan F Co., Inc. an.J the equity s ources of both org::inization s . December, 19 74 McClennahan & Co., Inc. so~d t:o Rau~ ~r Pierce S ecu r it ies Co.::p . a nd entered real estate financi ng fu ll time . December, 1975 -Octa; _ ~-..... 1 9 76 Through Lhe efforts of Trununell Crow, '' .. 1 John F. S e):t cn, Exec u::ive Vice President of Lomas r, Nettleton Pinancia l Corp ., Lcma s & Uettlcton Financial Corp. created Lomas & Nettleton Realty , Inc., to acquire the bus~nes s of MCI Properties, Inc., at whi ch t:.ime Mr . McClennahan was n.:;me.:: ?r..:sident. Lomas & Nettleton Realty, Inc. i s r~spon .sib l c:: for raising cupital fo r multi-family and conunerci al r,::-operties own ed by ! !t'C, '.omas & Ne::t leton Mortgage Investors, and for ~-~l! corpora t i .11 's dc•.eloi:er-c lien;:.o . In this capacity, Lomas & Nettl :;;c0:-i Realty , lnc . deals \:ith the c om;:ia ny's commercial loan office rs, in surance companies , savin•J s insti tutio ns, pension fu n ds , publ ic and privu~e syndicat ors , und io ·2 ign inv~s ~ors • • I • • • • - -4 - which de s i re to place fun!~ in r0 -l ~s tace , either d~~t or equity . MCI Propertie :;, 111<.:. LJllC.1 L U!lld~ c.. Nl.LL l l.!LOn Re;,lty , Inc. nc:~1 0 - tiaced and cl c ~d pro~erti~:; valu~d in e xcess of $30 ,000,0GO . Octobe r, 1976 S ec ured development ri gh ts for Corp u s Christi , Texa s and s c2 r- rounding a -~a for Bonanza Internacional , Inc. Opened fi r _~ unit J .. ly, 1 9 7 7 , in Kin <;: 'ille , Tex as which ha s b.:come a volume leader among the rast-food r '2s c a urants in Kingsvill.::. 'li•e restaurant develope d a reputation in the c h ain for serv ing quality produc ts, exc el lent cuscomer service a ~d super~o r cos t controls. October, 1978 -Present Founded Colorado . izza Corporation 1·1 hich enter..d int:o a !·!a s ter De velopment r.greement with .. 1:. Gatti ' s , Inc. t deve lo p t!i e five counties w11ich co n ::~ri "''" the Den • . .:r -Bo u l de~-;-, <:?a . The Agreement requires the o pen ing of twe ncy-one u~its to be opened prior to Decenilier 31 , 1982 . CLUB AFFILIATION & CIVIC ACTTVI'l'IES (Pres.:·nt ilnd P~ • Northwood Club Dallas Club Lancers Club 2001 Bryan Tower Club Southern Method ist Universicy Alumni Associati o n A1 '0 Alumni Associ ation Texas Restaurant Associati on Member o f the Board o f D.irectors -United Cer eb ral Palsy Association Southern Methodist Universit 'j Sust·· · ··,1 tion Dri ve Town Norch Y>ICA Fund Drive F Ll som for Mayor Campilign (D allas) United Wily Pund Raiser Former District Conunicte e man: Nat' l A_sociacion of Se-.:~i:_cie s Dealers -Three Years Lecturer , American Mnnagement Associati r . Seminars • I • • - ( • • t • • • • RESULTS OF INVESTIGATION POLICE LAB Completed by: /J11t'-£..A.,J' !; ,,As )J. ;{) (~Fingerprints Date: ---------------( L)-flhotograph Comnents: +Mc;wr /.I.a /.otS Wrrxtr &,.,,, &r /.'Mc;... -Juc,j.J)1c «<dt t<lNP Ntt-WA-""'E!O J,..-y." /0 E'.. A ~ INVE~TIGATION DIVISION Investigator: atltv /lie MtvlVAA<I' Conments: No bo:c.v I/en;,,.,~,,,' It(. l -------------------------------------- OFFICE OF THE POLICE CHIEF Investigation has been reviewed: • I . • • • • REFERENCES FOR EDWARD LEE MC CLENNAHAN , JR. Mr. Wi 11 iam H. Ingram 100 NBC Center San Antonio, Texas 78205 Mr. Thomas J. Ma r quez EDS Center 7171 Forest Lane Dal las, Texas 752 30 Mr. John H. Massey , C.F .A. 422 3 Windsor Parkway Da l l a s , Texas 752 0 5 I I . - • \ • • • • • WILLIAM H . INGRAM February 27, 1979 To whom it may concern: I have known Edward L. Mc Clennahan, r ., for tw enty-two years, and during that period of t irn"', have a lways found him to be a person of great integrity and hi<Jh standards . I have alway ·; been most satisfiud in all 1ny bl.lsiness and personal d e a lings with Mr. McClennahan. I would be pleas ed to recommend him. S incerely your ~. /, ... -.-. ,., .. . c ' ·---- WHI /mb 100 NBC Cente r San Antonio , Texas 78205 • 0 I • • - (_ • • • • • • THOM:\S J . MAROUEZ El>S<.i.li.'"l"ER• 7171 t'OR EST~'(ll DALLAS, TEXAS 7:1 230 March 2, 1979 TO WHOM IT MAY CONCERN: My name is Thomas J. Mar q uez and I am a Vice Pr e sident and Director of Electronic Data Systems Cor po ration in Dal las, Texas. It is with a great deal of pleasure that I write this letter since I was born an d raised in Durango ~n d my parents sti 11 live ther e . I have known lee McClennahan since the Fall of 195 9. We have both a business and personal r el ationshi p; con- ducting business off and on since 1961. lee is a man of the highest integrity. In addition, I have found lee to be very hard worki n g and very intel I igent combined with excellent convnon sense. If you would like any additional information o n Mr. McClennahan, do not hesitate t o write or c .:i ll me . TJM/sb Sincerl!l y, J ... --:..-· ' I f I i;' I l r ,/-·1 -r: Th omJ J. Marquez Vice President and 6irector • I I • - • • • • • • March 8 , 1 979 'I\,., Whom It May Co nce rn: My name i s John 1-1. Ma ssey. My h ome r es i dence i s 422 3 Windsor Parkway, Dallas , Te x4s , 7 5205. By p r o f ess ion I am a Chartered Fi nanc j ,. An alys t and a me mb er o f the State Bar of Te xa s l i ._ .. , ,,..,d to pra cti ce b e f o r e the Supre me Court o f t he S t ate of Texa s . I have kno wn E. Lee McCl enn ahan since Sept~mb er o f 1957. During t h at pe rio d of time , we hav e d evelo ; "d a good personal r e lationsh i p . I ho l d E . Lee McC l e nnahan in the hi y he st es t eem and be lie v e h e i s an individ ual of the highe st inte grity . He is a prove n s u ccess as a businessman and is reg arde d b y a ll with wh o m h e has had busines s or p ers onal d e alings a s b ei n g a comp l e t e ly honorable person. Siq cere l y y o u rs , J HM /cm ct~ J, & \~A ~11 ,., J\t'w\ · I V lu~ly,µ. r H. Ma ·sey , C .F .~ • I I • - • • • • • • MR. AND MRS . LEE McCLENNAHAN FINANCIAL STATEMENT January 12, 19 79 AS SETS Cash : Parkdale Bank Gibraltar Savi ngs -CD $ 1 2 ,000 22,750 Securities : (1) 61,950 Colorado P i zza Corp . (2 ) 100,000 Residence Real Estate (3) 165,000 170,130 McC l ennahan & Co. Trust (4 ) 13, 300 Automob i les (5) 23,500 Cash Value -Life Insurance (6) 8,100 Household Goods Personal Items 40,000 32 ,200 Total Asse t s § 64 8 , 9 30 LIABILITIES &.NET WORT H Notes Payable: Mercan ti le Nat'l Bank (7) $ 8 7,700 Citizens Nat'l Ba nk 19 ,150 Main Street Nat'l Ba n k 4,400 Parkdale Bank 2 0,000 Gibr a l tar Sav in gs -Mtge o n Res idence 8 4,0 0 0 To t a l Liab iliti e s $ 215,25 0 Net Worth § 433 ,680 TOTAL LIABILITIES & NET WORTH § 648,930 I hereby certify that the above statement is true and c o rrect as of January 12, 1979 Lee Mc Clennahan • • I • '( • Mr . and Mrs . Lee Mc Clennahan Financial Statement Page 2 (1) Securities • • • Market Value 2,500 500 700 100 500 600 200 1,500 E. F. MacDonand @ 9-1/2 Lanier Business Products @ 29 Churches Fried Chicken @ 25 Datapoint Corp. @ 75 Tandy Corp @ 28 Tandycraft @ 23 Rexham @ 19 Mary Kay Cosmetics @ 11 Market Value Less Debit Balance Equity (2) See memo attached $ 23,750 14 I 500 17,500 7,500 14, 000 13,800 3,800 16,500 $111,350 49,400 ~ 61, 950 (3) a. McClennahan/Meredith/Marsh 175.216 Ac North Richland Hills@ $6,000/acre (Free & Clear) 10 Per Cent Interest $105,130 b. Rent House (No mortgage) 4070 Creekdale Dr., Dallas, Texas 65,000 ~ 170, 130 (4) Cash 20,000 Bonanza Warrants@ $1.50 $ 1,000 3 0 ,000 $ 31,000 43"! Interest ~ 13, 300 (5) 1977 Olds '98 1975 Mercedes 450 SL $ 6,500 17,000 ~ 23,500 • $1,051,296 I I • ( ',. • Mr. and Mrs . Lee McClennahan Financial Statement Page 3 (6) $ 60,000 National 30,000 National 40,000 Jefferson 100,000 All Amer. 100£000 Travelers ~ 330£000 Life Life Standard Life & Cas. (7) Secured by ( 3) "a . "above. • • • $ 2,300 1,300 4,500 -0- -0- $ 8£100 I • • • 0 • IACKGllOUMD INFORMATION REPORT City of Englewood 3400 South Elati Street Englewood ,Colorado 80110 • • • To Be PrlntH By A,_,licant CORPORATION 00y Clorio'• Offlco ------ r,,. of Afipllcotlon ------ A..,_•allocotlon ------ OD• of Aftpllcotf.,... ------ 1. H... Od ell, Jg}2g )lelson Earle 2, Homo T olepi.one : _ _..(_,;3'-'0'-'3"')'---'-7-"5'-'l'-'-'-'8"-"3 .!..7-"5~------ lo•t first :l Hw A.Uren: 10700 F Qartmapth E-203 A. f,...,., February 1979 -Present s. c.,..,, Occu'°"°"' Vice President of Ope rations '· E..,.loyo " Co lorado Pizza Corporation 7. &alfteu u .... , 10700 E. Dartmouth, F -203 , Denver, CO ,, lue;nouTelopl.Q.9 3c..:) __ 7_5_0_-c._6_26.:...0 ______ _ t °'"'1c.,•'• s..: _m,...a .. l..,e~-----10. A,,.1;...,t', Roco : white (anglo) 11, Sodol Socw!Oy N ... i..., _4_5_0_-_9_4_-_lO_l_O __ _ 12. Ap,llc•t'• Holtht1 __ 6:;__'_.l_" _____ lJ. Appl icant'• Woieht: --'-l_B_S_l_b_s_. ____ l~. Hair Color: __ b_r_o_w_n __________ _ 15. E,. C.ler: _ _.h .. a....,z..,e ... J..__ ____ 16. Applicant'• Ploco of Birth: Burlingto n, Iowa 16.A. C.t.1-.·•~t\;p :_u_._s_. ___ _ Tl • ...,lc.,.t'• Deto of llrtfu March 13, 1 952 11. o,1•0 ,•. Uconoo Numbo<: _...;U:;___-....::9c..4:.:3:..0::..::B _______________ _ 19. Stote of luue fot Ori.-'• LlcenM: Co l orado 20. Hos Your Orivor's lie.nee Ewer &.en Suspeiftdocl or R.-·okocl?: _n_o _____ _ 11. II Yoe, Sto,. -.. -oM Why :----------------------------------------- J2. Li st All Arre1U: CUN e44ilitleMI ..,.., if nec•••.-Yl ----'Ll,t...._------------------------------- Llat Wh...,, ..... ,. ...4 the fif'l•I DhpHition :-------------------------------------- 23. Llat All Ciwll Act&.,. ln.,.1.-...t (lnclutlint di¥Orc••l Altlftt With N ..... 9f'ld A4*••••• of All L itl gonts, Ootn, Ploc•• ond Cou••• of Act ion : ---- n a 24. °'"'1c.,t'1 a,.,ct. ol Milltery S..•lco (11-llc ... lo): -----'L.1,L."'--------------2S. r-el S...lco: __ _,,n,,,/_,a,_ ___ _ 211 . r,,. of Di Kh• .. : ___ ,,.n..,/._a ______ 27 . Do .. of S.por•tiOf'I or Oiachor .. : _ _,n,,__,a'"---------21· Wh.r•?: ___ n:..:!-/.::a~---- 2'. 5-wfc. N~ --"-n"'/-'a~ ____ JO. liat All p,._.iou• Stet•• Re1idM With in (includ1n9 •ilitory ••oice): ___ n_:/_a ________ _ 31. St.ti"t With Cun.nt E...,1.,.....t, Llat All for Pe•t Ten Y..,a: ...,, ... poaition fr~to 32. If Ewer Died.., ... f,_. • Pe1ltlen, St ... Whore , When ond Re•aon : --~..1--------------------------- 33 • ...,..._.of y..,, ef Schoel A,..,.,_c•: _ ... lu6;,....Y,Ll>R..,s..__ ____ 34. O ip la.Mt or o .... Atteined: _ _Jll1i.ii.g.g:rhL.:S>JC;;.hw;ipii;pul-.JP.u.i1.1p~l..1.Qll1m111aa._ ____ _ • Do• c;.....,.1.4 f,_ Hith Sct.e.I: ___ 1._9"-"1 .... a._ ____ J6. -o of Sch-I f,_ Wh iclo G.e4uote4 "' LHt AttoM.4 : Texas Tech· Univ· "-...... '9 1-.h one ,.,,. ef .ccount .,.4 M1Mti.r Uni ted Bank of Mpnacp Monaca & T pp np5see (JOJ) ekeehiA' # 264 882 • • • I • - • llACKGROUNO INFORMATION REPORT PAGE 2 39. Llat Thr" Credit Refer9ncH: • • • n... ecWteu telephone American Express P . 0. Box 13784 Phoenix , AZ Dillards P. O. Box 90 Little Rock , Ark. ecc°""t 3731-14487 4-01000 6 -616 -221 -5 we s tview National Bank, P. o . Box 7554, Waco, Texas (817) 772-9220 34-605 -0 .tO. llat Thr .. Profeuionel Aef•eflce•: Mclreaa •• 1.,horte t i-. known EXHIBIT "A" 41. 11 YIKlr Roaiclenc• Ownocl or Rented?1 _ _.r .. e:.in.._t .... eca.id---42. If Rented, Fro ... Wh.,..uFairways Apts. 1 0700 E. Dartmouth tel.,,_,., __ 7 .... 5.u,l,::-;..5Lo3Ll6J...1.3 _____ ,..o , I• You• Ruid-co llo.,1o,.d? _..:n!</c;a=-------"· Who Hol4• lolo<tt•'"' _n"'/'--'-a ______ _ oc1••••= --'u.<-"--------------telophCWM :--~n.._,a._ __________________________ _ •s. If y_.,,, RealMnco la Ownelll, Stete Its Cu"ent Merket Voluo end Annuel To .. t lO": __ .....,.._.. _____________________ _ ~. l 1 1t All Roo l Eateto 0....4 Br You 0t Your Spouso, or Anr Root Eat.,o In Wh ich E it+.., Hu 1.n.-fntoroat: city 41. Hoa Appl ic .. t E..,er U19' An>' Othor N_. (a): ---">L----------------------------------- If Attplicol.lo. L l at N.,...(s) U."1, Whon oncl Whore:------------------------------------- .ti. Mol4en N.,... of S,ouH or Appl i cont : (wh lcho•• la opp licoltlo )! ..... M.,o .. r..ir,_1._· s.._ _________ 49. Spouae'a fwll N.,...: Melissa Anne Odell SO. S.OU••'• Pioc• of 11 1.n.: _..:.N"'e"'w"'-"O"r_,l.,e::a:.n=s _.,_,LA=----------Sl. SpouH'• Dot• of Bhlh ' _4;;.--"2.:3_--"5'-'9'------------ 0ty Stote 52 , llotl> .... Fwll H ... eo ---"M"'a .. r._y11-..1.I ..,.g._.1._11._· s.,,p.._..,Qd....,p;;..1....,1 ________ 53, Dote of 8 hlh: _ _,.J'-'u"-'l"-y..__.::2'-"0'-'''-l"'-9=1'-"9'------------ ~. fetll.,'• Fwll H-• _;;.J..:o;..;h.:.;n.;.__W.....;.i..:l.:l;..;i;..;amc__Od_e_l;._l _________ ss. Dot• of Bl•th ' __ J_u_n_e_2_1...;..., _1_9_1_9 ___________ _ 56. If ~,lic••I •, Llat s. •. R•c•, Helfht, We ltht, Holr Color en4 e.,. Color of SpouH: female I angle I 5 ti, II I 120 t Brown I Brown 57. Lht Ho,.eh), Doto(.), Pleceh) of lllrth end Ad4r .. o( .. ) of All Children : t...111'1..w• current etlch••• n a ( • • t I • • c ( • • • • RESUf.3 OF J OH N NElSON EllHLE: ODELL Name: John Ne l son Earle Odell Addr es s: 'l'el e phone: 1 0700 E . Da rtmouth l/l"-20), Denv er , Co' -J r ado 800 1-'~ (J OJ) 751-83 7 5 PERS ON AL DATA Place of Birt i .: Date of Birth: Age1 Heig ht1 \~ei g ht1 Social Security Number: Marital Status1 Spous e's Name : Spouse's Occupations EDUCAT I ON Burling ton, Iow a IV'iarch lJ, 1952 26 6 1 1" 185 lbs . 450-94-1010 Married Melissa Morris Odell Housewife Coronado Hig h S chool, Lubbock, Texas1 Texas Tech University, Lubbock , Texas: Graduate 'i f.1ay 1970 J Years Del Mar Colleg e, Corpus Christi, Texas: INT ER ESTS Outdoor Sports , M usi~, Politics, Travel ./ORK HISTORY 12 hours c re dit throu Rh Texas Restaurant As s ociation i n ~a co, 'l'exas From: January 1979 To : Present Vice-President Colorado Pizza Corporation , Denver , Co l orado Efforts will be directed to the developement of st or e mana g ement personnel; and in assuring that high quality standards of product , service , and cleanl iness are consisten tly mainta in<:•'. From: July 1978 To: December 1 978 Manager Bonanza Family Restaurants , 1920 E . King St ., Kin17"sv ille , 'J'cxas Re sponsibilities include d: Establis hing a tra in inr. prog ram , developing employees to become more e ff icient , perfe cting c ost controls on food and labor, and to brin ~ about a consisten t op eration of the store on a monthly basis . This Re staurant was re ga~ded as one of the best in the Bo nanza chain wi th regard t o ov erall operation . • • I • ( • • • • From: January 28 , 1 978 'l'o : n;a_y J l, 197 8 Superv lsor/Gc>n12 ral f.'.p-r . Hi ll Enterprise ::;, Inc ., 171.i.4 f3 , li:iiver sity , F t . '1io1·t h , "'e ::as 7C.lO( S u pervisine; Bo nanza Sirloin F i t //6 059 , i'Ja co , T exa.:;: <:tn < mar ·:i.~i n·' Bonanza ~irloin Pit ,~6 01 2 , 1115 N. Vall e y i'.ill s , .!aco , 'I'ex::i s . My duties were to hire and tra in all p~r sonnel , pu,-.. 1::..s all )Yo ducts , maintain inv entory contr ol s , a na overse e the ge n era l opera t ion of the b u s in e ss. I was resr)on::; ill! f or· thP. mainte n.;:,.nc,• o f equip . .:?nt a nd f urni s hing s including th e appeara n ce o f th L: ir tc 1"ior and ,,:.:tecior o f the buildin ~. As General Manager , I wor ke(J 1:i ti1 :i nd tra inr-d n e w manag ement, act ed as adv i s or t o the ma nap;ei:lcr.t c.:f' ~o nanza ~.ir lo in Yi t 116 059 , and saw that the store opera t i o i.s were i n accor da nc 8 wi th the policies of Hill En terpri::;es , Inc. Al ··o , I was ~e.Jp o n s i b l e f1-.r a l l banking , paying o f bills , and bookke e pin ~ f or t he two r estaur2.n ts . F rom: July 15, 1 977 To : Ja nu~ry 28 , ~97 8 Trans fer :ced t o F t . ~l o"th, ·~·ex a s , by Hill i:.nterp~·i ;.e,,, Inc ., t J)c Ge n eral N'Ja nag er a n d i .. i o v er s ee '" openin,cr o f thr ee ne w c onc c;pt resta urants. r.1y dut L,::; inv olv e<..! h i r inr-and tra in i~:; ma n a g er s and crews , formulating operational s y stems, orderin«,. sma ll wares , a l din ·• in d e s i g ning menus , g u est c h ec ks , and m i s c e llan eot ~ b u s iness ~o~ms . Reason for l eavine : Tr ansfer to Lv aco , ·re:;us F rom: Ma rch 24 , 197 6 To : J ul y 1 5 , 1 977 fllanaGer of B onan ~a Sirl oi n P it ,','6 059 , and Bonanza 3 irl o in Pl-t ;'Fo 12 , a t different interval s . Re ason for leavin~: Tr ansfe r to F t. Worth , Texas From: Au g ust 197 5 T o March 22, 197 6 Bart cnd -:r/Bar ~·la n aP-er Brookshire Inns o f America , Inc., Lub b ock , Texas This position was one o f barten d ing i n the club o f a f ull -3 e rv ice restaurant. Respon s i bil ities includ ed or der in,n; t he bar s tock , maintaining the s upply a nd c ondition o f all equ i pr:ient , and see i n p; that the cocktail wai tresse::; per f':irmed their duti es pro pe rly . I was hired by this c umpany as a dis hw as her a n d in thr ee mon ; :~ h'1.d advanced to the above d es cribed position . Reason for leaving : To be c om e manag er of the ll on:rnza S irloin Pit ,./6 012, in 'Jaco, 'l'e xas. From: March 1974 T o: Aue u s t 1 9 7 5 S hop fl i te F ood s , Inc ., Lubbock , 'l'exas uu ties were unloadinp: boxcars , loading trucks , pullir.;~ ord ers , and helping maintain the s tock in the war ehous e . k eason f or leaving : Laid off due to c onfl ict wl t h sc hool houcs . Defore March 1974 : St u d ent at Texas Te ch Univ ers i ty , Lu bb oc k , Texas • I . - ( • c • • • • I, John Nelson Earle Odell, may be reached at the following telephone numbers: (303) 751-8375 or (303) 750-6260. JOHN NELSON EARLE ODELL I • • - ( • • • • REFERENCES FOR JOHN NELSON EARLE ODELL Dr . John R. Chalk 3809 22nd Lubbock, Texas 79410 Mr. John M. Farley P. 0. Box 20674, Walnut Hi I I Stati o n 9982 Monroe Drive , Suite 407 Dallas, Te xas 75220 Mr. James F. Farley 4304 Harding Road P. 0. Box 23049 Nashvi I le, Tennessee 37202 • ... I . ( • • • • RESULTS OF INVESTIGATION POLICE LAB Completed by: __________ _ Date : _____________ _ INVESTIGATION DIVISION Investigator: IJcw .ltf<;LcyNAN' Coaments: N'(I Ka,.w en/~,,.;.,, ( ~':;±" e~ 4CCWM;. ( ) Fingerprints ( ) Photograph 0 --------------------------·------------ ---~-------------------·--- -------------------. ·-···· .. . ·--.. ·- OFFICE OF THE POLICE CHIEF . Investigation has been reviewed: M Approved ( ) Di sapprovcd .~/~~ Chfi!01ce CITY OF ENGLEWOOD • I • • To Whom It May Concern: Res John Odell JOMN R. CHALK, 111. D . 1809 22nd Sl'REl:.l LUHtK>CK , TEX.\S 79410 T cl1.:pho11c 792 ·4Jti3 March 6 , 1 979 • • • I have known Mr. John Odell sjnce h e was a J un i or High School student in Lubbock, Texas. I have known hi lll both a s a family friend and as a patie nt . Mr. lliell is a dynamic young ir.an ,, :' axe .. , .,nt mo ral characte r and honesty, and I d u n ot hesitate to rec o11JuEmd him in ~he b usiness world for any type of license for which he ma y apply. Sincerely yours, ,----._'\ . ~ I..• l -v--L 3 , u'-· c l,jihn R. Chalk, M. D. JRC/111 0 0 I • • • ( • • • o .... J.O o. ~·-'Y"\....'>.~ "'.,,-.---1...... ,__-.,-.. ·-·--·----- ..,.. i::;;ao E:-""' ------.., C> ..... • f·la r e h 7 , 197 9 To Whom it may Co ncern: John O'Del l hds been a goo d fr i end of our younge s t son , Jim Farley, si nce the ·• were in Junior High Schoo l i n L ubock , Texas so we have kn011n hi m for o ver t11e l ve years . John's fath er di ed wh e n he wa s yo un g a nd l'l e obse rv ed a bra ve youngster take this hard blo11 11ith courage as he t .... 1 be en very close to his da d . He he lped h is ao ther raise a yo t,11ge r brotner and worked his own way through co llege expen se s . We attended his we dding to Me li s sa in Waco , Te xa s , and wer e p l eased to serve a s s urr o;.1 a t e pa 1·en t s si nce bot h of his mm a r e no11 deceas e d and we call him ou r "ot iie r son , Jo hn ." John O'Dell is a young ma n o f c haracter and integrity who posses ses bot h talent and a dedicati on to h il r d work. My \'life , Mar il y n, and I are g l ad to recomme nd John as worchy o f trust and co nfi de nce . Very trul y y our s, . '":.-·~ I "))I ~'// ,; / '~ :fr . /" pli:_. ' -~ 7' John M. Farley / /le 3""ANC>-t 0F="F="ICS: -F>.O. E30X 1033"5. 330 9 -6?"T"H S"T"., SUITE;: .26, LU E3E3=K . T C:::XA!_ 7940<> <ea .. ~, 792-2400 • • I • • - • • • • • • INGRAM BARGE COMPANY 10700 East Dartmouth Apartment F-203 Denver, Colorado 80014 TO WHOM IT MAY CONCERN: BUCK e CARR>ER• February 27, 1979 NASHVILLE. TEN NES SEE 37202 ARCA COOC 6tS TC L )4) 1J.lJ LETT ER OF REFEREN CE I have known John ~~lson Earl Odell in excess of fourteen years. He has alway s been an honest and out - standi ng young man. John is the Godfather of my son which, to my mind, is good evidence of his moral stature . John is from a fine family and his upbringing was exemplary. I would not h 0 :·itate to either hire John or to entrust him with any r . J ponsibility. I would be glad to respond to a ny questions concernin g my relationship with John or my opinion of this fine man. /ks Sincerely, ff~ 1 ~'-<t l\..~ 1--~, -lames Franklin Far ley c::7-" Traf f ic Man.o g er M£Mll£R OF' TH E AMERI C AN WATERWAYS OPt:.RATORS , INC • I • • - • • • • • • F2B ~UA P Y 19 , 1979 Cash - .\uo . oc Note s kece iva ble - .:;t ock Certifica 1 .•s -( 2 ,000 shares Co l orado Fiz.-« Cor p . i Automobiles -( 197 6 tlymouth l olare De lux e ) ( 197 C. 01 <.lcmo h il e Cutia :--:.;upreme Ho use hold Good s - fer~ona l Item ~ - 'l otal - L IA IJIL J 'J'H.'.) Note Payments - Accounts f-a ya ble - .~ (1 r :_. l - 'o1:.i.l '<et :.'oc1.h • 1 , ~·/1 .'3 . 0 7 ,02 2 .~; .. 7 ' 741 . J 8 .r 2(·, ~·14 . O'· ~:· < 1 l I: • ') 0 -~---- I • - • • • Hou s e h old l .::t·s onal 1 otes Payable 1 Accounts Payabl e F urnitur e Fiano • • • Enterta inm ent ('I'.'.'., s e reo , <.i ~l '"lln,~) Ch ina, Stainl e._,s , Cookw:it·e Misc . Cl othes Linens J ewe lry Mi s c . 1976 Old s Cutla ss ~upreme l''urni ture Auto Insurance De pa1 · tme nt ->t or es ::·2 ,1'·'1 .J l{ ·1 , .?<'O . or. l , ,.n,~. Cd 7 0U .(\t) ---2 ~!_,_.Q () __ 7 . ·;1,..,.) . :;;z , 5 0u . oo 500 .(l() 1 o ("''I • (t(; ] 1:11(). ()() '>,is~l~ou I c e rt i fy that t h e abov e r e1ces 0 nts the trud :in ~ncl aJ cond ition of J oh n • J e ll as o f th e da t e ind ic ated . ~~.~C\L_ J onn ....... C.dcJ.l • I • - • • BAnGllOUHD IHFOAMATIOH REPORT City of Englewood 3400 South Elalt Street Englewood , Colorado 8011 O • • • CORPORATION Qty CIM'tl' • Offlc• ------ Type of Afipllcation ----- A«INsall•c•tlon ------ Ta B• Pri nted By Applicant DD• of App1lca11on ------ 1, "-__ ,..L.,am...,.o..,n.._t....__.,w ... j._l._l.u,jga .. m..__.M:.o...... ______________ 2, Homo Tolephono ~2 14l 239-2261 lost first middle l H.....A44reH: 51g5 Shad)0.'°Cd, Q3ll35, T X A, From: S c.,.9", Occupetl•: Investments Can5pl tant 6, fmplor-• Inve5tment 5 Man agem ent Carp 1 •.................... ?JOO First Nat'l Back B l d g Da ll as '~•1 neuTe l •.,hon•:_.(_2~1~4L),__~7~4Ll~-=6~0'-3ul ____ _ l A,plc•t•e S..1 -~m~a.l_e _____ 10. A"'l icont"• Ao ce : _w_hui~t~e~-----11 , Soc1 o l S.c.,..ity N..-... r: ---------- 12. .... lc .. t'• Helthtl--------13. ~lic.,,t1 • We i fht: ---------''·H air Color: ~hur~o~w~n _________ _ II. E1• C.f.,1 ________ 16. ~ll c•t*• Piece of Birtt-: ---------------1'-A· C ,t,&.•·•~.p 1 U • S ' V, .... IPftt'• 0... ef l1'1h: _ _..) .,_2.:-""l'-7'-'-:.4....,B _____ ll, Dt h••r'• L 1c •n•• Numb.r: ---------------------- ... s.... ........ -0r ..... Llc•M !--~ .... ,~eT.x~aMs~----20. Ho• Your Or i.••r'• licenH e..,., Been s.u.p-.ffd or R••oke4?: ------- 21.11 v ........ -· -.... .,,,, --------------------------------------- n. llet All ....... , (U ............ ,,.,.,if MC•Hery) __ __....,.. ...... ____ ------------------------- List When, ...... •4 the flnel Dlapo1ltlon :------------------------------------ . U. ll., All Ch,il Action ln.,,olv..,.ent (lnclu41n1 cUvotces) Alone With HemH on4 AclclreuH of All Liti90"t•. OotH, PlocH on4 Cou•H of Action : --- 24. .... lc.•t'• a. .. dt ef Mm_, S-"ice (If ... llcel!IJe): -----------------2:.. Tena of S.r•ice: --------- .. Tr,. .. Diedt•pl ---------21· Dote of Seperetion or Dlachor .. : -----------21. Wh ... e?; --------- Jt. '-"-.......,, ________ JD. List All Pre.,,lous S.etH Rosict..I Within (inclv4i"I IR ihtory aenice): ------------- 31. S...tl.-9 With Cwtent !-.1.,,....t, list All fCN P .. t Ten y._,: -....... poaition frOflt"'to SEE EXHIB I T "B " 32, If e.,,., Ohct-.oreed fro'" a Po11t lon, Stoto Where , When ond Rooun: _..1>0...------------------------- 33, Hu..._, Cf Y-r• of Schoctl Attendonco: ---------3•. O i p lo"'o or Oogr•• Attm1nod : ------------------ JS.. De,. Gr.duet~ fr°"' Hlth Schooh ----------36 • Homo of School frOM Which Grod uotod or Lost Attended: ---------- 37.A.&•e••·•S.....1 --------------------------------------------- 31. Llit &onk Aef•encos of Affllcont-"' S,ovH (if 4ifferent): -ocjdf'oa1 tolophone typo of account ond """' ... ' Fir s t Na t ional Ba nk Dallas . TX (214 ) 744-8000 n/a • • I • - • • j • , I ~ • • • 8ACKGROUNO INFORMATION REPORT PACE 2 ocWr ••• .. I.phone eccovnt _.w, ••• ···~ t ir111• kno.n SEE EXH IBIT "A " 42. If Rented, Fro"' WhOfft : ---------odclreH: ----------- ,.......,.., ___________ _.3, la Your RHiclence Mortgo,.d? ---------~•.Who Holds Mott9a99: --------- -... .. : ---------------telophono: ------------------------------ •S. Hy_,. RHl.._ce Is Ownff, Stete Its Cwrent Mo~ot Voluo .,..4 Annwal Ta.otion: -------~----------------- .ai. Lfet All lffl e ..... 0....4 ly You or Your •ou••. or Any Roal E•tote In Wh i ch Either Hu Any lntoroat: c ity •t1. HH ... licaRt Ew• U.M Altr Other N .... (a)1 _Jlll..L.---------------------------------- If At.l icoltto, Lht N-.(s) U.94, Wh9" ancl wt. ... o: ----------------------------------- 4. M.64.n NotM of S.ouH or ~llcont ; (which••• l a oppll caWo): 49, $pouso' • f wll N..,..: --------- 50. s,.. .. •, Place of lirth: 51 . Spouse'• Doto of B hth: --------------- Qty State 52 . Mo tt\•,'• Fu ll No,..o : SJ. Da to of Birth: --------- .54. Fathe r'• F"'ll Nomo1 -------------------SS. Dato of B ir th :------------------ S6. If Appl l coblo , Lht s .. , Raco, Holtht, Wo i eht, Hair Color orufE ya Color of Spouse:------------------------- 57. Litt Nor111o(a), Ootoh), Placo(a) of Birth encl AddreH(ea) of All Chi l dren : lul l nllfft• dot• o f ll lrth I • • • - - • • • • • • RESULTS OF IllVESTIGATION POLICE LAB Completed by: D,-,UAJ Trms PP Date: -------------- Comments: L11 lt,JrM.1c Am1 G1tw;i n.AfllJ INVESTIGATION DIVISION Investigator: D.:m Nc.Lr-11N.I\"" ( ) Fingerpri nts ( ) Photograph COlllllents: No hv~wH C&,t:vivA £ h/tstO~~ ~& T/e,s Id "'""L _ ' r · ~ _{j _A CA9')AN{JF4 l.~U-'4 ';' =y!IJJ.1r477,,,._ J°,s 6fCq,t;#'.AlL 4-Hn {/ -------------------------- OFFICE OF THE POLICE CHIEF Investigation has been reviewed: M Approved ( ) Disappr ov e d ~/~ CITY OF ENGLEWOOD • I . • • • • I, William M. Lamont, work for Investment Management Corporation, 2300 First National Bank Building, Dallas, Texas, 75202. The telephone numbers at which I may be reached are as follows : (214) 741-6031 and (214) 239-2261. WILLIAM M. LAtolJNT I • • • • • • REFERENCES FOR WILLIAM M. LAMONT JR . Mr. Lawrence R. Spence 2300 First National Bank Bui !ding Dal las, Texas 75202 Mr. Truman Kemper 4211 Prescott #2 Dal las, Texas 75219 Mr. Frank L. Hays 6904 Clemson Dal las, Texas 75214 • I • • - • • • LAWRENCE R. SPENCE • • • 2300 PlllST H.UIOH.&.L IUNll BUILDIHO DALLAS, TEXAS 7~202 TO WHOM IT MAY CONCERN : March 9, 1979 I have personally known William M. Lamont, Jr. of Dallas, Texas for five years. In his capacity as a private investor, he has been trust- worthy and honest in his business relationships. His personal life is characterized by high moral principles and dedication to his family and community . • • I • • • • • • March 8, 1979 TO WHOM IT MAY CONCERN: I have personally known William M. Lamont, Jr. of Dallas, Texas, for five years. In his capacity as a private investor, he has been trustworthy and honest in his business relation-ships. His personal life is characterized by high moral principles and dedication to his family and community. T f\.-1..,\/\'t'-'>-"' (...1\lf"~ ' Truman Kemper 4211 Prescott 11 2 Dallas, Texas 75219 • • I . • • • • March 9, 1979 TO WHOM IT MAY CONCERN: I have known and worked with William M. Lamont, Jr. for several years. I have found him to be of high character and integrity. It is a pleasure to recommend him to you. Yours very truly, ,,.--__ ~---· / Frank L. Hays 6904 Clemson Dallas, Texas 75214 • I • • • • • • WILLIAM M. l»DNT, JR. Personal Financial Stat.anent March 31, 1979 ASSETS Funds on Deposit and Government Securities !£>ans Rec e ivable Invesbnent in Partnerships and Joint Ve ntures Invesbne nt in .Mark e table Se curities (at cost) (Mark et Value $530 , 62 1) Personal Residence (a t cost) Furniture Art Objects Autarobiles 'IOTAL ASSETS LIABILITIES Notes and Accrued Interest Payable Federal Incare Tax Payable -Prior Year Estimated Federal Income Tax Payable For Current Period 'lUl'AL LIABILITIES Net W:>rth ($775,002 valuing securities at marke t). 'IOTJ\L LIABILITIES & NET \~Rl'H • $ 23 ,368 .00 25,ooo.oo 109,313.00 272, 751. 00 419,284.00 LOO 22,418.00 l. 00 • $ 872,136 .00 $ 314,228 .00 38,360 .00 2,415.00 $ 355,003.00 517,133.00 $ 872,136.00 )\ I • "1' fl i~) fJJ, ,, • • • IACKGllOUMD INFD•MATIDH REPORT City of Englewood 3400 South Elati Street Englewood .Colorado 80110 To Be PrlnhHI Br App II cont CO RPO RAT ION Oty Ct.,t.• •Office ------ T,,.. of App II cot ion A..,_•.!Locetlon ------ 0.• of Appllcotlon ------ 1. "----'M~c'-C=l-=e~n""'n~a-.h~a"'n"",'--'Ri=· -=t=a -=T-=a'-'t"'o"'m"------------2. H-T olophono ' _,_(-=5.::l.::2'-')--'9'-9'-2::.-_4..:.:;3.::B...:c7 ______ _ '••t f int midJlo 1 -A.U.on' 5 0 14 Wqqldridge Rd Co rpus Chri 5t i TX f. frCM11 : .i.Oa,c.Jt.io°"b"e...._r~-li.;9;z.6"-"6'-':...JP"""r "e"'s"e"'n1't1...... _____ _ s c..,.,, Occ-1 ... : -"-h"'o~u_s~e~w=i~f~e'-----------------" e .. '°'"'' _.:.n,,_,a""---------------- 1. a.,._.,.. .. ~ •• 1 __ n'"""-'a'--------------------... au.1r, ... r.1 .~ .... : --'-n,_/-'a'------------ 9. Appl lc-.1'1 S.a: ---lf;.iQMllllOilMl~ll.._--tO. Appllcont'• Roco: white angle 11 . So d ol S.c:"'lty N1M11laer: 4 5 2 -5 2 8765 12. ,...lc•t'• tt.1pu __ 5.._•,.4_" _____ 1J. Appli c ont'• Wo i eht: __ ..._2.1.t. ______ 1 ... Ho ir Color: _J.hi.oluq;,i.nw,,id,i:e~--------- l5. Eye Colo.: -'g'-r_e_e _n _____ 16 . "-•1; • .,.,., Ploco of a ;,it.: Sul phur Springs ' TX , ..... c.1 ...... "".,,_u_._s_. ___ _ fl. AHllcont'• Oeto of 81"": _J._l...::-.. l..:-:..3ufi,1,_ ______ 1a. Ori wor'• L ic •n•• Number: __ -:> ... -......,c~~ .... -'o"'--74--7-'---"G<-.$..c.... __ _,_,_c>.....:lc,__"-.:."'..:-..:->'------- 19. St ... •f 1 • ..,. fot Ori.-'• LlcenM: _ ... T.,.e.,x.,a.,s.._ ______ 20. Hos Your Ori..,•r'• L i cenH e..,., Been S,.,a,....4ecl or Rewokff?: _ .... n,,o._ ____ _ 11. If v ••• $ .... -. ....... ""'Why • ----------------------------------------- 22. L ist All Aneata1 (UM e4ciltl .... I ~'if rwceuory) ----------------------------------- n/a List Wh9ft, .....,,. .M the finel Dlapos lt l on :-------------------------------------- 23. List All Civll Action tt. .. 1.-.-t (incl"411 1nt cf i vCM'cea) Alon1 With N .... a oncl Ad*••••• of All Litlgonta, OotH, Plocea and CouH& of Action: ---- non e 24. A,i,.l lcent'• St .. ch of Millterr S.,."i c• (If .,11c ... lo): __ .... n,._,a._ _____________ 25. y.,. of S..rvlco: _ _.n.,/'-'a"------- 2'. Trpe of Di ect. ... : ---"n"-/-'a._ ____ 27 . Dot. of S.,..roti on or Di sch• .. : __ n=-=a._ _______ 21. Wh.,o?: __ ..!.n!.l/'-'a"-----. 2'. hr•tco NVMNr. __ _..,_,, _____ JO . L1 1t All Previous S.totH Resided Within (inclu4in9 •ilitory H t vico h ---I:l.ol..i'--------- 31 . ~Int WI .. Cutt..,t E..,l.,.....t, L i tt All Fo• Put y.., Y-o: ·-ocWrosa positi on frORt-'tO SEE EXHIBIT "B " 32. If e...., Dltchor .... Fro"' o Po1ltlon, Stoto Whoro , When ond RoHon : ------------------------------ no 31. ...,..._.of Yeera of School Att.n4onco: __ _...,._ _____ S•. Oip lCMRo or Oog1 .. At .. ine4: _JHc:u.i !.l<;l.llh~S:i.1c::Jha.oai;;oul ___________ _ 37.~ ••• ts...s -~N~o~r~t~hD....~T~e~x~a~s:o_~S~t~aut~e:L.~tJ~nui~y~e~r~sii~t~y(.....lC~aam~puu~so....,...1.0~eanut~o~n11.......:.Tue~x11.4a~s'------------------ 31. Llat Bent. Reference• of Appllcont .N • ..., .. (i f 4'ifforent): n... ocldroaa telephone ty,. of a c count on4' nVM ... , 78411 Pa rkd ale Bank S taples & Eve r hart , Corpus Chri s ti . TX !51 2 ) 9 9 3-0300 checknq 506-099-1 • • • I • - BACKGROUND INFORMATION REPORT PACE 2 39 ... i at Thr-Credit Referencea: ocWr ... • • • Nlephone T D Se l 1 s .J r Parkdal e Ba nk C arpps Christi TX (51 2 ) eccount 993 -0300 n /a John F . Sexton Sowas & Ne ttle ton . 2 001 Bryan Towe r , Dallas , TX (214) 746-7111 n /a J am e s H. Pa t t e n Kl e b e rg F i rs t Nat'l. Bank, Kingsville , TX 78363 (512) 592 -850 1 n /a M>. Ll1t Thr-Prefeuionel Ref•ences: •1. 11 Yovr Residence Owned ot Rented?1 owned 42. If Rented, FroM Who.: ---------'•*-u: ------------ tel.,.hone: 3. Is Your Reaiidenc• M1Ht9• .. d? yes 44 . Who Ho14s .._, .... : Gib ral t e r S avings ..tdi'.IA 6 Everhart roq;ms Christi ~~!,1 _____ _,,C,..5""1.,2.,l._.,.9 ... 9""1~-_,8._7 ... 0"""0'------------------- 45. If Your Residence h Owned, Stot9 its c..,,,..,, Mortcet Voluo end Annuol To.otion : ---'$;...i.' ~5.;i5-.,..,a,.p,..p.._..._,$.,.2'"""5"'0u...O--------------- "6. ht All Roal Estate Owned By You or Yovr Spouae , or Any Rool Eatoto In Which Either Hos Any Interest: 1trMt or Nrol do1ipation c i ty ...... SEE FINAN CIAL STATEMENT -ATTA CHED 47. Hu ApplicMt Ever UaH Any Other MOtM (s): ___ ,.R..1.i..1.t ... a.._. . ..,1 .. aJJn..,p:__T ... a ..... t.i.owm"--'-~"'M"'aui"d"'p"'nLJ.....,N"au.mwe.._ _________________ _ If Applu:able, Lht N ... (s) U.ff, When oncl Where : ------------------------------------- ... Mo id9" HOM• of S.ouH or AHlicent : (wh ich•• ... h oppll cable ): R j ta J a ne Ta tom 50. Spou .. "• P lac• of Birth: _i.OL11k;.Jl'-'a>Jhw;ia"~"aL....1c_1i..· i:t~}'C.-..L0.JJK,._ _________ s1. Spou-.1 1 Oat• of Birth : _...,L2=-'°"2"'0"-:..1.iBc.... _________ _ Stat• 52 . Mo"'•"• Ful l N..,,., -~Mu,uur_l,._M...,.i..Lt,,,c..,h""ei;;,.i.l..Ll~Tua._ti.o,,...m._ _______ 53 . Date of&;'"'' --~5'--~l:.0><.:..-_.l_.2'--------------- 54. F•"'•"• Full Nom•• Benjamin Frank l in Tato m 55 . Dote of B;'"'' ---"'3C..-..:lo;4:!.-....:::0-"'5'---------------- 56 . If App li cable, Ll1t S.., Race, H•lgiht, We ight, Hair Color ond Ey• Color of SpouH: ma l e ; wh i t e ang l o , 5 '10 "; 1 70 ; brown ; brown. • 57. Lht Nomeh), Ootohl, Ploce(o) of Birth ond .\ddr.,,(.,) of All Childton : full,. .... dot• of b irth curr•nt etldre11 Kimb erly An n 8-2-65 same 'hannon Lee 2-27-69 s am e • • • I • 0 • • • • • I, Rita T. Mc Clennahan, am a housewife at 5014 Wooldridge Road, Corpus Christi, Texas, 78413. I have been a housewife more than 15 years. The telephone numbers at which I may be reached are: (.512) 992-4387 and (512) 992-6507 . RITA T. Mc CLENNAHAN • • I • • • • • • REFERENCES FOR RITA T. Mc CLENNAHAN Cleota A. Hartfelder 5233 Ursula Lane Dallas, Texas 75229 Mrs. Elizabeth L. Flores 5010 Wooldridge Rd. Corpus Christi, Texas 78413 Mary Jo Woodhouse 6405 Oakbrook Corpus Christi, Texas 78413 • • I • • • • • • RESULTS Or INVESTIGATION POLICE LAB Comp~eted by: 11"'-""' 7v Date: --------------- ( ) Fingerprints ( ) Photograph Conmen ts: L,, 4 ltJa,Y< b# hJA41,f/e/J r~ INVESTIGATION DIVISION Investigator: ,/),,& /l(c.l£uN'Af¥ Conments: M p1t.'1# <b..;c ~-£«<'-r --------------------------·---- OFFICE OF THE POLICE CHIEF Investigation ha s be e n revi ewed: p<j /\p p ro ved ( ) n i Si.l pprovrd c~~ CITY OF ENGLEWOOD • I • • - 0 • ( • • • • MR . AND MRS. LEE McCLENNAHAN FINANCIAL STATEME NT Janua ry 12, 1979 Cash: Parkdale Bank Gibraltar Savings -CD Securities: (!) Colorado Pizza Corp. (2) Residence ASSETS Real Estate (3) McClennahan & Co. Trust (4) Automobiles (5) $ 12, 000 22,750 61,950 100,000 165,000 170,130 Cash Value -Life Insurance Household Goods 13 ,300 23,500 (6 ) 8,100 Personal Items Total Assets LIABILITIES &.NET WORTH Notes Payable: Mercantile Nat'! Bank (7) Citizens Nat'! Bank Main Street Nat'! Bank Parkdale Bank Gibraltar Savings-Mtge on Residence Total Liabilities Net Worth TOTAL LIABILITIES & NET WORTH 40,000 32,200 § 648,930 $ 87,700 19,150 4,400 20,000 84,00 0 $ 21 5 ! 250 ~ 433,680 ~ 648 ,930 I hereby certify that t he above statement is true and correct as of January 12, 1979 Lee McClennahan • I • • • Mr. and Mrs. Lee McClennahan Financial Statement Page 2 • • • (1) Securities Market Value 2,500 500 700 100 500 600 200 1,500 E. F. MacDonand @ 9-1/2 Lanier Business Products @ 29 Churches Fried Chicken @ 25 Datapoint Corp. @ 75 Tandy Corp @ 28 Tandycraft @ 23 Rexham @ 19 Mary Kay Cosmetics @ 11 Market Value Less Debit Balance Equity (2) See memo attached (3) a. McClennahan/Meredith/Marsh $ 23,750 14,500 17,500 7 ,50 0 14, 000 13, 800 3,800 16,500 $111,350 49,400 $ 61, 950 175.216 Ac North Richland Hills@ $6,000/acre (Free & Clear) 10 Per Cent Interest $105,130 b . Rent House (No mortgage) 4070 Creekdale Dr., Dallas, Texas 65,000 $170, 130 $ 1,000 30 ,0 00 (4) Cash 20,000 Bonanza Warrants @ $1.50 $ 31,000 43% Interest ~ 13. 300 $ 6,500 17,000 (5) 1977 Olds '98 1975 Mercedes 450 SL ~ 23 ,500 $1, 051, 296 I • ( • Mr. and Mrs. Lee McClennahan Financial Statement Page 3 (6) $ 60,000 National Life 30,000 National Life 40,000 Jefferson Standard 100,000 All Amer. Life & Cas. 100,000 Travelers $ 330,000 ( 7) Secured by ( 3) "a . "above. • • • $ $ • 2,300 1,300 4,500 -0- -0- 8,10 0 ' I . - • • • • To Whom It May Concern: I have known R1 ta McClennahan since 1957. She is a person of h1i;h moral character and high ide~ls. She would be an asset to any community or business. Cleota A. Hartfelder I . - • • • • • c/i'b. l/1:zal•d/i .J.:. '.:lloieJ 5010 qvooU~1J9e Counfr!J CfuC LJ/al~J Coipus CCi iJ/i, D.>c. 784 13 Ap ri l 3 0 , 1 9 79 To Whom It May Conce rn: I am writing this letter to ver i f y that I personally know Rita T. McClennahan as a good friend and neighbor for the past few years. I would not hesi t ate to highly recommend Rita for any position or endeavour she would choose to persue. Sincerely, ~dMoY&"J Elizabeth L. Flor es • I • ( • To o'/hor.i It l\la.v Concern: • • • Ma,y 1, 1979 6405 Oakb rook Corpu s Christi, Texas 7 8 413 This is t o verif,y that I have knorm Rita r .. cClennahan for several years. She has a very good re putation in the community. Rita is a ctive in volunteer service work i n our city of Corpus Christi, Texas. Rita ha s sh o wn very go od qual itie s of character at all times in any situation that she has encountered. S incerel.v, 7l?:au;td-t /A){~ Illar y J o.~/t:li:use • I • • ( .ACKGROUNO INFORMATION REPORT City of Englewood · 3400 South Elat i Street Englewood .Colorado 80110 • • • CORPORAT ION a,., c1.,1a•, Offk• ------ TYIM' of Ap,licotion ----- AcU,.sa/Loc•tlon ------ To Be Printed By Ap~licont Oa• of Applicetl9" ------ 1. "-__ .. a;,..1..,mo,..;:i::~e.._,.,_.;i: ... il.l .. lll"'Q .... li-""'----------------7. Hom• r.1.p1...,., ~( ... 2..,J .... 4,._)~-.....l3"6"e ... ~4....,3 ... 0"'6>------- 1aat first rnlddl• l tto..A44••u: 11436 Strait Lane. Dallas. TX ~ Cuw.nt Occ..-•lon: Accountant lCPAl 7. Buslneu M•H•• 2300 First Nat' 1 Bank Bldg ---A. Frorn: _.u .. n,.,k,_n .. o"""w"'n'--------------- 6. Ernployor: Inyestmen ts Man agement Carp pal lasa T~us i nou Tolophono: (2 14) 741-603 1 t. A,.,.lcen •'• h•l ~m~a~l ~e ______ IO . Applicant' 1 Roco : _w...,..hui_.t ... P=-------11. Soci a! S.c..,..lty NumMr : 4 5 0 -1 2 -0 l 4 2 12. Anillc.,t'• Heltht:-5~'-7~'-'-----13 . Applic4Mt'a Wo 1fh t : -~~------14 . H o11 Col or : _,.O;t:QWilL---------- 15. EJ0C..ler1 _.._h,...1 .. 1.,19._ ____ 16, Appliunt "• Ploco of Birth : _..c.,. .... 1 ... 1 ......... ...._,-'-IT.<X.._ ________ "•"· C.t.1 •• 1..,1\,p:_....._ ____ _ O'. ~lc.,.t'a D ... ef llrth1 __ .,5-.,,J._o,._,;i ... o.,.__ ____ 19. Dfi.,.er'a Llcense Number: ---------------------- "· S.... ef ta..-for Drlvor'1 Llcerue:---'T*""Q'°'XOi•Mlii----20. Hoa Your Driver's L1c•ns• Ever Been ~~pend.ct or Re\'Ok•d?: ------- 21. If •••• s .............. -" Wh)'l --------------------------------------- 2~ list Alf A#•Hte: (UM e.Ultl .... I peper if nec•uoty) _..,..------------------------------- Ll1t When, wt.. .. ~ the fin•I Ol1pe1ltion :------------------------------------ 2J. Llat A.ti Civil Act19ft lttw•l•....,t (lnclutlln1 d i worc•1) Alone Wi th NOMH imd Addr•uH of A.II L i ti90r1h, OotH, Plec•• ond CouHs of Ac:tlon : --- 24. .... iic•t'1 ••dt of Mllltw, .. n ice (If 9ppl i ceblo): -----------------25'. Te,,., of S.rwice : --------- 36. T,,. ef Dilch•rp: _________ 27, Doto of S.porotiOI\ Of Oi achor .. : -----------21. Wheto?: -------- 2'. s.. .... -. 0 -518109 30, Lht All Prowiou1 StotH A•sidff Within (includin9 fllufitory sonic•): ------------- ·-....... position frOftto'to -----·---------------------------------· 32. If Ewer D l 1chore-cf From o Poall lOI\, Stot• Wh•••, When ond We • .uon : ------------------------ 33. Nu,,._ If Yeors of School Attendonco: ------) ... ll1.,l1ano ..,, Uegt•• Atto1ned: -----------------· JS. o ... Groduoted From H ith Schoal : __________ 36, Home o f Sc..hool From Which Ct-od uotod Ot Lost Atton4•ch --------- J7.~••a1ofS..-: --------------------------·------------------- 31. Ll1t Ion" RofOf'MCH of Appllcont .,, .. SpouH (If d ifferent): oddr••• typ• of account ond nu ... b.t First National Bank Da llas. TX (2 14) 744-BOCO n/a • • • I • • - • l 1 i 1 ~ ~ 1 .I J 1 t l ' l ~\ • • • 'B ACK CROUNO INFORMATION REPORT PAGE 2 CI CC OUftt addt•n ••lephon• fone known 41. 11 Yeur Re1l"-nce Owned Of Rented?1 _ _._,p .. w,..n .. e .. a.._ __ 42. If Rented, From Whom: _________ ocfdreu: ----------- tel.,.hone: ___________ _.J, la Your RHldence Mor1go19d? ---------""·Who Hol1h Mo..tgage: --------- ... •111 ---------------telephone:------------------------------ 4.S. If Y.ur Re114.ftce 11 Owtted, State It• Cuffent Mor\et Vol1.1e and Annual Ta-ation: _______ _,_ ________________ _ 46 . Litt All Aool Eatoto Ownotl Ir You or Your S,ouH, or Any Rul E1tato In Wh i ch E ithet Hu Any lntar .. t : ,,, .. , ... nuol do1 i gnotion c ity ..... 47. H .. Applic•t Ev• U1e4 Any OtMr NoMe (1 ): -~n~o~---------------------------------- If A,pl1coblo, lht N.._(a) U.9411, When Dl"ld ~oro : ----------------------------------- 41. Moltlen Mo1H of s.,.., .. or 4"11c.,.fl (wt\lchaw ... 11 oppli cobloh 0 , Spou H '• Full Noma : --------- '°· SpouH 1 1 P l ace of Bit.,_, Sl. SpouH1 1 Dato of B irth :--------------- 0'¥ Stat• S2. Mothor'1 Full Nomo 1 53, Dato of Bir th : -------------------- J 4. f13tf-l 1r's Fu ll H ama i -------. SS , Dato of Buth :-----------------· S6 . If App lico bl•, lut Se •, Rou, He lfh t, We l.,k t, Ho lt C o lof ond E y• Colo, o f S pou H : ---------------------- 57. Litt Namoh), Oat•(•), Plae•(•) of Birth a n d Ad dr•••(u) of All Ch ildren: full name dote of bln h cuuo nt oddr e1 1 , I • • --~·i • • - ( • • • • • I, James V. Elmore, work for Investment Management Corporation, 2300 First National Bank Building, Dallas, Texas, 7520 2 . I have been employed there for over 15 years . The telephone numbers at which I may be reached are as follows : (214) 741-6031 and (214) 368-4306. JAMES V. EL/.[JRE 0 I . • Mr. Frank L. Hays 6904 Clemson Dal las, Texas 75214 REFERENCES FOR JAMES V. ELMORE Mr. Lawrence R. Spence 2300 First National Bank Bui I ding Dal las, Texas 75202 Mr. Truman Kemper 4211 Prescott #2 Dal las, Texas 75219 • • • I . • • • RESULTS OF INVESTIGATION POLICE LAB Completed by: IJ,,.f.MJ UiCAJ ).p ( ) Fingerprint~ Date ( ) Photograph COlllllents: Jv,g Wens.is. fi1.vAJe/Jl'#J /c) c e .A INVESTIGATION DIVISION Investigator: Do,._, t1.Ac.fw1:t11"" COlllllents: No kNowN Cle1k.vt<A' f../11rorz; dtL t_A,,µ. .No w ;71-1 Oc-1Av 'JM c~I ~' . (?lfClfUH.IJ Arsoc1Ar1U... 1 -------------------------·----------- OFFICE OF THE POLICE CHIEF Investigation has been reviewed : ~ Approved ( ) o ·i s approved ~~~q ClOPolTu CITY OF ENGLEWOOD I . • • - • • • • March 9, 1979 TO WHOM IT MAY CONCERN: I have worked with James V. Elmore for approximately 20 years. He is a Certified Public Accountant in the State of Texas. In my relation- ships with him I have found him to be responsible, conscientious and of unquestioned character and integrity. It is a pleasure to recommend him to you. Yours very truly, . ---/:---.. _/ ~~· ,. . '"/ Frank L. Hays 6904 Clemson Dallas, Texas 75214 • I . - • LAWRENCE R. SPENCE • • • 2300 PlllllT lfillON.U. 114.'<K BUILDING DALLAS , Tl!.XAS 73202 TO WHOM IT MAY CONCERN: March 9, 1979 I have personally known James V. Elmore, of Dallas, Texas, for more than twenty years. During this period of time he has been in numerous posi- tions of trust and responsibility for a large number of individuals and companies. He has always been honest in all personal and professional relationships, and his character is above reproach. • I • • - • • • • • March 8, 1979 TO WHOM IT MAY CONCERN : I have personally known James V. Elmore, a certified public accountant in Dallas, Texas, for more than twenty years. During this period of time he has been in numerous positions of trust and responsibility for a la r ge number of individuals and companies . He has always been honest in all personal and pro - fessional relat i onships, and his character is above reproach . --r-j ..- ' .(\,\..\.. \'1'v l ~\_ h >--\\\f·'-' '\ Truman Kemper 4211 Prescott #2 Dallas , Texas 75219 • I • • • Current Assets: Funds on deposit in banks Accounts receivable Total Current Assets Investments: Securities owned Elmore Associates, Ltd. Venture EVE Joint Venture No. One Circle Oak Farm -135 acres Wood Total Investments Personal: Residence Furniture and fixtures Escrow account Prepaid taxes Automobiles Jewelry and furs Total Personal TOTAL ASSETS • • • BALANCE SHEET DECEMBER 31, 1978 ~ Co., Texas $ $ $ LIABILITIES AND NET WORTii Current Liabilities: Notes payable Residence mortgage Total Liabilities Long-Term Debt: Notes payable less $734.24 current Residence mortgage less $833.64 current Total Long-Term Debt Net Worth TOTAL LIABILITIES AND CAPITAL $ $ • 17,362.27 9,624.25 272,158.50 1,466.41 789.92 82,328.72 64,968.01 19,337.32 1,734.17 11,460.87 8,000.00 14,582.45 6,734.24 833.64 51,500.00 41,200.00 $ 26,986.52 356,743.55 120,082.82 s .2QJ I !!12 I 62 $ 7,567.88 92,700.00 I • • 403,545.01 s .2QJ 1 Bl,,B2 ' ' llAC~GROUND INFORMATION REPOR T City of Englewood '3 400 South Elati Street Englewood .Colorado 80110 • • - CORPORAT ION Oty Cl.A'• Offlu ------ Type of Applicotl°" ----- A.WreHILoc •tlon ------ lo e. Printed B,. Applicont Ob .. of Appllcotlon ------ l . NtmM Murch j 500 .Jabp Dabney 2. Hom• Telephone: ~n~nwk~n~o~w~n~----·------ I oat rnidcU• l .....,. Addr .. •i __ s..__.5,.o'-5._.K.,e.,....1_.1-"e'"'2'-a-S"'p"'1 -'-~-'I-'6"'g"I,._x_,,R.._a .. ~ ... a .. 2_4_8 ______ __. •• From : 1 Cun.nt Occu,.uon: ~P._..a ... r _.t_.n..,,e;a.r-=-'-'M""l.i..>r1..ci..uhui.,;:s:a.10,,.nu.__.,B"'r..1.0Llt"'h"'e"""r.::s,_ ___ _,,6, Employer: -'""'-"',_ ______________ _ J. 9'..1 ..... .u. ... 1 2300 First Nat'J Bank Bldg Dal las T« Busineu Tele ph one: .._(.2~1~4,_.),_~7~4~1~-~6~0~3~1 _____ _ I. ~lc•t'a k•: __.M .. 3._J....,p ______ IO. Appl i cont•a Roce :wbj t e angJ.o 11 . Sociol Security Numb.r: 4 5 2 2 2 4 4 7 7 12. AffJ ic•t'• He ithtr ~5._' ..,l,.Oc.."----13 , Appl icant'• We ight : __ 1_4~8~------14 , Hoir Color: ~b~l~o~n~d,_ ________ _ IS. EreC•ler: -~hwl~1M1P~----l6. Applicant"• Place of Birth : --'T>,'1"''1"'<i-r-.,-T .. a-.x ..... ;i..,s~------16.A. C,t.z. .... -..t\.p:__,_a._;.._ ___ _ 17. ~lc ... t•• D•te •f l1'1h: -~9._--"5_-~2~1.._ _____ 18, Dri"•r"s L1c•n•• Numb•,: _u,...n..,k.._n .. o,_,w.,n...__ _______________ _ tt. $t.,e ef I ewe fOf O..iv•'• Llcen .. : ~T~e~x.,,a~S"--------20 . Hos Your Ori•er"s L1cen1• Euir Been !.1oupended °'Revoked?: ~n~O~----- 21 .11 Too, $toto wi-., Wloon ..... Why •--------------------------------------- 22. Llet All Aneete: (UM eitdltlOMil paper if neuuory) -~.,....~-------·---------------------- Llet ""•"• Wh•re .,.4 the fln•I Dhpo1lti on :------------------------------------ 2J. Llet All Cl.-11 ActlM lnitolV9M•t (lndwcllnt divOf'cH} Alone Wi th Nome• ond Ad4lrnse1 of All Liligonta, Dot••, Ploces ond CeuHs of Acti ... : --- 2'-Ap,licent•e Bt .. ch ef Millf'911 S.. .. ico (If epptlc:Olo): -----------------25. Te"" of S.•vice : --------- JI. Type of Ditcher .. : ---------27. Dote of S.po•otlon or Discharge: ------------21. Wh .. e ?: --------. 2'. S.vlco Nut11lt ... : _________ JO , List All Previous StotH Res ided Wi th i n (including '"i l itoq1 service): ------------- 31. Stortlnt WUh Curr9"t EMplop.ont, lht All For Post Ten Yeon: posi t i on from-to --~S~EaE~E~X~H~I~B~T~T~_".B~'-'------------------------------------------ 32 . If Ever O i 1chor1ecl Fro"' o Pos ition, Stal • Where, When and Roo~on : --""-'--------------------------- 33. N..."""-' Cf Ye or 1 of School Attendance: ---------3•. D i p loma or Oegr•• Atta ined: --------------- JS. OeM Groduo••d FrOM H i gh School : ----------36. Hom• of S c.,ool From Wh ich Graduat•d Of' La.t AueMed: --------- 37.Ad•oit•f~e l --------------------------------------------- 31. Litt Bon" Referenco1 o f App llcont orwl Spouse (if d 1ff•r•nt): oddr••• lelep.,one type of occount and numb.r First National Bank Dallas , TX (214) 744-8000 n/a • • I • • - • . ,., • • • BACKGA OUHO IHFOAMA TIOH REPORT PAGE 2 ..u, ••• eccount •O. Llet Thr .. Profeuionel Reletettco•: tolophono time tano_, SEE EXHI BIT "A" •2. If Rented, fro,.. Whom : ---------oddro•a: ----------- to......,._: -----------~l . h Your RHldenco Mottgo .. d? pp k pgwp U . Who Holch Mort90 .. : --------- ~ou 1 ---------------telophono1 ------------------------------ '4. Ll1t All Roel Eetoto Owne4 By You Of Your S,ouH, or Any Real E1toto In Wh i ch Ellhor H01 Any lnter .. t : city ..... •7. H .. A,.plic•t Ev., U1ff Anr Other No"'• (1): --Ll.U.--------------------------------- If -'Hllublo, Lht N ... (s) U.H, When Clf'ld W..oro : ----------------------------------- 41. Moicileft N .... o of S,ouH or Applicenll (whlchovor la opplicol:.10)1 •9 . Spout•'• Full Nomo: --------- 50. $pouH1t Place of Birth: 51, SpouH11 Doto of B irth :--------------- Ott' Stat• Sl, Mot+.or't Fwll Nome : 53, Doto of 8 irth 1 -------------------- 5•. F aft,.r's F1.1 ll Homo : SS . Doto of B irth : 56, If Applt coble, Li at Se ic, Race, Hei ght, Wo l9ht, Ha ir Color and .Ey e Color of Spou ae: ------------------------ 57, Lht Homo(a), Oote(t), Ploco(t) of Birth and Adcheu(es) of All Chlldre": full noM• dote of b i nh cunent od dr e•• I • • • • • • • I, John D. Murchison, am a partner i n Murchison Brothers, an investment business located at 2300 First Nationa l Bank Bu il ding, Da l l as, Texas, 75202. I have been active in the business for over 15 yea r s. The telephone numbers at which I may be reac hed are as fol lows: C214) 741 -6031 and (214 ) 741 -6031. J OHN D. MURCHISON • I . • • • • REFERENCE S FOR JOHN D. MURCHISON Mr. P. T. Bee 2300 First National Bank Building Dal las, Texas 75202 Mr. Henry Gilchrist Jenkins & Gilchr i st, Attorneys 2200 First National Bank Building Dal las, Texas 75202 Mr. Wi Ison A. Hanna Jenkins & Gilchrist , Attorneys 2200 First National Bank Bui /ding Dal las, Texas 75202 • I . • • • • RESULTS OF INVESTIGATION POLICE LAB Completed by: fMUA .t UKN fl f:J . Date: ( ) Fingerprints ( ) Photograph ------------~ C011111ents: Lon Worek fi::tvu.11rnA{Q RJ (. f'. ~ INVESTIGATION DIVISION -------------------------·- OFFICE OF THE POLICE CHIEF Investigation has been reviewed: ~ Approved ( ) Disapproved ~~~'. chi ce CITY OF ENGLEWOOD • I . • • • • P . T. BEE a>oo ,,._.T NAT IONAL. ........ •U •L.O I NQ D•LLAS ,TEJU.s 7~202 April 18, 1979 TO WHOM IT MAY CONCERN: I have known John D. Murchison for about 30 years and consider him to be of the highest character and principles. I can unqualifiedly recommend him as an investor. He has been a leader in civic and cultural endeavors benefitting his entire community and enjoys a fine reputation in this field as well. Very truly yours, T. Bee I ' I . "----. PTB:fh • I • • - • • }END:Ns &GILCmusT ATTO RNEYS 2ZOO l'"I RST NAT I ONAL •ANK B UILOI NG CALL.AS , TCXAS 7S202 TELC~MONE ~1 4) e8.J•4800 TWll e 10.ee1.4047 TCLCX 7.J •a8el TCLCCO~ll:llt •&.J ·4.JOO OO~<c:T D••L 653-4301 TO WHOM IT MAY CONCERN: • • • HOL.lrlll.t.N J[NK[NS (l!tl8•1974I HCNA'f GILCHRIST WILSON A .HANNA J O[ GAA'f AICMA"D A . ,.,t[UNG N ARSHAll SllllMONI JOHN A . GILLIAM GEOAOE W. COLU4AN DAVI D G .OUCKMAN CHRISTIE S . rl.ANAGAN WILLIAM A .THAU HUteUtT S . IC(ND•UCK LOUIS J ,WE•EA ,J". HUGH W. 'EiltOUION Ill SCOTT e9'AOLET DAVID"· 1.ATCH,.OA O J OH A .MUMAN T .O .MATHOLOW. Jiit. C .CLEAVE eUCHANAN.JR C TA'r'l.Ollt ASMWOATH WILLIAUll 0 SIMS .Jlt. wuun o . DE•ciun 111 RAYMOND J MAlltTI N • .J lllt THO•u.s H CANTlltlLL lltONAS 0 . AOLCllll .JOHN S A IC [ DONALD .... INCLl WILU AN 0 "400N T ltlCHAAD HANOI.CR J AMllS C CAAIN OOH S . J ACICSON MAllUC 0 WIGOCA lAU.[NCC e .VI NCYA.AD , J R C .•oo ... u · ACIC.Cill CH AltLCS C .GlltCC,- CHAltl,,CS A G Al..L JO[ T HTQ( Al.AN A 9tltOMICAG 0,. COUNSIEL April 18, 1979 DAVI D A .wc,t,n-.(R9 1C D ON C STCPHCNSON RAT GUT 1..AWA[NCC C A DAMIS KENNETH R MAAVC L OAVl O M LANEY AONAl..O 0 "05(N[A ST[PH CN A All[RS WILLIAM "· IOWUtS lltANOALI.. [. lltOIUITS AOICJIT,. PAt NEAUIC OAVIQ W .[LlltOUI ST WIWAll4 lit .. ARRISH CRAIG R G000AUll4 T I..[£ WI LICINS L GR[GORT WILSON THOMAS L .ILOOOWO ATH V . D IAN[ .. ITTS The undersigned has known John D. Murchison of Dallas, Texas, for in excess of twenty years. I know Mr. Murchison to be a person of high moral character and of unquestioned integrity. I reconunend Mr. Murchison without qualification. HG/bar • • I . • JENKENS & GILCHRIST ATTORNEYS Z200 ,.IRST NATIONAL BANK l!I UIL O I NG CALLAS . TEXAS 75ZOZ T El,.£Ptoj0NC: \l••l ••>·••oo TWX 9IO •ee l •4047 T ELCX 73 ·ISee TCLCCOPIUt ··~·4300 O l "l:CT OIAL 653-4302 April 18, 1979 TO WHOM IT MAY CONCERN: • • • HOLNAM J [NICCNS (1 9 18•187•} HCNllllT GILCHRIST Wll.SON A . HAHNA J OC GlllAT illllCH AlltD A ll'lltE UNG MARSHALL SIMMONS J OHH A .GILLIA• GlOAGC W. COLCNAH OAVIO 0 GUC11;MAN C Hllt l lTIC S . "LANAGAN WILUA"' A .THAU 11[A8CJ'f S . ICCNOllllCK LOUIS J Wl:81:",J R . MUGH W. ,.[AG USON ill scon •AAOL[T DAVI 0 i111 . LATCH 'ORO JON illl .UUMAN T 0 . aAIU'HOLOW, Jiii. C .CLICAV[ IUCHAN•N .J A . C TA'l'LO A ASHWORT H Wl lllA• 0 . S IMS .J R l'ICNRT O . OC8[1Un 111 "AYMOND J MARTIN , J R THO ... A S H C ANf'tlLL THO MAS G AOL.CR .JOHN S . AICC DON ALD H . SNCL.L. W I LUAM 0 MOON T, RI C HARD HANO LC A .J AM[S C .C RA I N DON S . J ACKSON MAlltl( 0 . WI G DCA LA UACHCC I VINCYA.AO, J iit C .AOONCY ACICCR CHAlltLCS E .GIUCr C HARI.CS A .GALL JO[ T . HYO[ At.AN A . 811tOMe£AG or COUNSEL I have been personally acquainted with John D. Murchison for more than twenty-five years. I know Mr. Murchison to be of the highest moral character. DAVID A W[ATH[Alll C DON C ST[PHCNSON AA'( GUT LAWACNC C C AOANS lt [N NCTM A 114ARVC L D AVID M l.AN[T lit O NALO 0 llOSCH[llt Sf[PM[N " All.[lltS WllU Alol P 80W[A5 AAN0All C lt0 8ClltTS lt08CAT' •Al lolCA U ll DAVIO W Cl •OUIST W ILUAlol M •Ai:tlltlSH C RA I G Ill GOODRUM T L [[ W llll.INS L .G ACGOlltT W ll..SON THOMAS l . 8L000WORTH V OIAN[ •1TTS I also know him to be a person who conducts his business affairs in accordance with the highest ethical standards. Mr. Murchison is a businessman and investor of outstanding ability. Very truly yours, _,/ -?~ /??~ t / ~ --::::::7C"<-(.,c .c.-t---C(.._../ /'-/',,cA-~'-'-"' WILSON A. HANNA WAH:smc • • I . • • • BALANCE SHEET JULY 31. 1978 Cash Notes receivable Accounts receivable Quoted securities -at cost (D:arj.:et value $506, 74 7. 26) Other corporate securities -at cost lnvestment in partnerships and joint ventures: Murchison Erothers Fcin.:ays Office Venture }lurchison-llunt Art Venture Lane and i.:::provecents -221.6 acres Dallas County Trucks, automobiles, =chi.Dery and otiler equip:ie.Dt Personal resicienccs: Dallas County \'ail, Coloracio Furnishings , art and other personal asset~ Def erred charges against income Other assets $ 24,675,276.11 ( 3,518 .65 ) 3,947.22 1,483,369.76 305,633.27 LlABILlTIES AJ\'D CAPITAL Notes payable -llle Royal Gorge Company Accounts payable Payroll taxes payable Net "'orth • $ 54,050.81 1,169,274 .4 : 23,1 60.81 180,765.6: 5,916 ,635.8( 2L.,675,704.6 E 1,062,961.65 • 160,918.31 1 ,789 ,00 3.03 L OO 533,1 55.00 7,820.74 $35,573,452.03 $ 90 0 ,000.00 529.44 596.09 901,125.53 $34.672,326.50 I • • DEPARTMENT OF STATE • • • CERTIFICATE· ~ MARY ESTILL BUCHANAN, [JJ~ of !JJ/ale of /k !JJ/ale of~ ~ ~ tlud lk ~~ fo1, lk ~ of th~ ~ 1~ ken folfil'ed in e<»n/t~ wilh /a,u, and ~ fowruJ /,<; <»nfovm /,<; /a,u, · .;{~ J lk ~'fred, 6y 1'(~ of lk ~ ~ in me " /a,u,, ~ ~ A CEF:T! FI CATE OF INCOPF'C•F:AT !C'N TO COLORA~O PIZZA CORPORATION. DATED : • I I . • - ARTICLES OF !:"CORPORATIO N OF COL\...l\.·..:.0 PIZ:.\ C R.POR..:..71J~~ • • • . We, the i.:.:iders i(:led c a~ ~:SCt:.3 of t.!le age o! tw~ty-oce yu.-, C?" more. &cting u ~corporato rs . of a corpon.uon ;.:.nde:-t!le Color ado Cor;>ora uon Act, adopt t!Je follo wmr A.r..iclu Incorporauon !or such corporauon : nRST : ne D&me of the corpor&tllln lL-.... ~~~_:~~~ .. I.:.;_~:~ ... :.?_~~S.f:!:~.:9:_: ________ -:--- ·---··-····--·······-·····-······-····--··-·· -------··--···· ....... ·-··--·····------------·-- :!l~;;~~j~i.ff~~i~~;~~~~l!!ll ~' .t'UlJHTH : e arrrega.:.e number of sh.are1 wb.!ch the corpon.tion ah&.U !Jave authority to· { iuue i.a. _______ ;.hr.t~_.~-~-!1.s!.t:!.Llb..;.;-~~>?:~~-~-::S ... L~-~-... ~00 .. J.l .• JHL .. P..?.:_Y.~.l.Al.~ -----------·-··------------------·····-···---------·-·····-··--------·····--·------ FIFTH : Cuc.uJ&tlve votmr of shares of r..ock ia .•... __ ~.1:.. ___ .au~or~ SIXTH : ~i ons limiting or de.nying t o W....-U oi den t.!le p!"'!CC ptive rir!l':. to acquire &ddiUon.aJ or treasury aharea o! the corpon.t1on ~-: S:EV'El\"TH : The a.ddrea of the i:litJ.aJ :eg'..ste~ of!1ce ot the C'OJ"?oraoon l! ... ;,_7:--~ ___ ;'f:Qt.;.~~; ...... ;;;;;::£;;?~~-·;·~·~r~.i.;;.f.2--.... ___ ... ·······-····· ·-·-·-·-··-·····-·-··-·······-·· ··-·······-·····--·····---······-·--·--·-;·i;m..:;;,1~ ~r:;;;::.;4··:!~:;~-;-·····-··-·-·-·-··--·····-----·-···· STh"TH : Tbe number ot directoni <::o!l.5:.:tu:~& :!le :.::.i:i&I :,.,3~ of ~""'ec':.c :-s o! ~e corpora- tion ii; _____ !.:!!_-:_~---···· a.:id :.h e :a.mes ~d a d~"·es sc5 o! ~c ;iie~c :.t1 •·!:o &:-e to s.e:"·e u Cl.""e c:o?'S until the !int a.r:.nual mttt:mf of s.!ia.re hoide:-a o:-:.cl:.:! ::iei :-succesaon •~ eJe"C":l'd a:id ah.all qua!J!y an : (At l•ut J.) ..... Ed ..:a rd t..~.~ !"!~E_le.'.:3:~.h a!'. ........ . Rl_t a. __ : :. M ~C.!~.i:i.n a.~~2. Jchn .);~!s~n Odell .... Don a ld H. Sne!.l .L a ... -r ~ce •. L .... ~.J.:l.S :homa s 3loodlol o r:h -~ov.~'.:~~.:. _7 • •. ·····-·· ·s ..• 19 __ ~r:: .. · .. : .... :.:-. .;;.-:-.. 1 : .• ~:: ... -=-~t:.:c'\a ! .:- :c:-.. ::\'.\ . .;::,;~": ~ ...... .:.:-... -; .. :-.:::.: .. :~os ........ ::~o '"" :::.O ::-::ct. ••1 :::--:.;..; ~:J o ?i:s: ::.i::::-... : My coc::rusa1oc vq,instf, .oJ .. Z, ... 7..2............. ..-.......... .. Y?"'?~LJ GJ~ Sub.,,11 1n c!u pl i c ale ' '. ... /~::. ~.':.-:-::."!.i;;w;·.;:;;~·;,~···· · ····-· ..;Olt : I! 1~1• ro r-i ts 11 n d -"Sl'S'.f!T I\ Ol"PL :C".\":"!:" -e rs :·e e ru·.-1 1 a n~ ~ar ::i.:-:-·· ....., P!'.) n u . ior-i I t not H t t;ita Cle ... ~~ .l,TT \CH\:E\iS .,r 7) ~!\.Go·.=£•,==~::: :i::: ·: ad e C!u •lt t pa c e , fo r-i ~l mav be u1cd 11 a :>a ::er-. e r ~u1e e ?'ean .1e '!'· .· .c ~:r·' !• ' :· 1n g ;i •per. T vpe on e nc 11C r on h Sh ares o' stock mull have a dollar &r"loun: :>.u va i ue . o ~ a t ta!t-e "lt t"l a ! .. uc· s-c r t _: .. _r :t a : '«rn;:ita r cc"IC~c :i·:~ ;:;:. e r ~'.·:?<~:.:--:.: : --: -:..,>; ..:c-r:-ra : ::-:-.. I • - ff:?::. • • • COLORADO PIZZA CORPORATION UNANIMOUS CONSENT OF DIRECTORS IN LIEU OF ORGANIZATIONAL MEETING OF THE BOARD OF DIRECTORS December 1, 1978 Pursuant to the authority contained in Section 7- 4-122 of the Colorado Corporation Code, the undersigned, being all of the members of the Board of Directors of Colorado Pizza Corporation, do hereby adopt the following resolutions with the same force and effect as though adopted at an ~·: 1 organizational meeting of said Board of Directors duly called and held: • RESOLVED, that the Certificate of Incorporation of this Corporation which was filed by the Secretary of State of the State of Colorado on November 9, 1978, together with the accompanying Certificate of the Secretary of State, are approved and ordered to be filed in the Minute Book of the Corporation as a part of the permanent records of the Corporation. * * * * * * WHEREAS, the Board of Directors of this Corporation pursuant to authority granted by Section 7-2-106 of the Colorado Corporation Code , wishes to amend the Corpor- ation's original Articles of Incorporation to deny shareholders preemptive rights. THEREFORE IT IS RESOLVED, that the Sixth Article is amended by striking the original language of such Article, and inserting the following: • I • ( • :(.. • • • • "Shareholders shall have no preemptive right to acquire additional or treasury shares of the corporation." * * * * * * RESOLVED, that the Bylaws in the form presented to the Directors are adopted as and for the Bylaws of this Corporation, and that the Secretary of the Corporation is instructed to insert them in the Minute Book immed- iately following the copy of the Certificate of Incor-poration. * * * * * * RESOLVED, that the following persons be elected to the offices set forth opposite their names below, each of such persons to serve until the first annual meeting of Directors or until his respective successor has been duly elected and qualified: OFFICE President Vice President Secretary Assistant Secretary Treasurer Assistant Secretary and Assistant Treasurer * * * * * * ~ Edward Lee McClennahan William M. Lamont, Jr. Rita T. McClennahan Donald H. Snell John Nelson Odell James V. Elmore RESOLVED, that the Secretary is instructed to retain custody of the Minute Book, and to insert therein this Unanimous Consent and the minutes of all other pro- ceedings of shareholders and directors of this Cor-poration . * * * * * * RESOLVED, that the form of stock certificate repre- senting shares of Common Stock of the Corporation in the form attached hereto , is approved and adopted, and the Secretary is instructed to insert a specimen thereof in the Minute Book of the Corporation. -2- t I • - ( • • • • • * * * * * * RESOLVED, that the Corporate Seal of the Corporation, an impression of which is affixed hereto, be, and the same hereby is, approved and adopted as the Corporate Seal of this Cor-Poration. * * * * * * WHEREAS, Section 1244 of the Internal Revenue Code and the Regulations issued thereunder require that common stock of a corporation be issued pursuant to a written plan adopted by the corporation after June 30 , 1958, which plan must offer only such common stock during a period specified in the plan ending not later than two (2) years after the date the plan is adopted; and WHEREAS, Section 1244 and the Regulations issued there- under further require that the Plan must specifically state, in terms of dollars, the maximum amount to be received by the corporation in consideration of the stock to be issued pursuant thereto and that such stock must be issued only for money or .other property (other than stock or securities); and WHEREAS, this Corporation qualifies as a small business corporation, as defined in Section 1244, and there is not unissued any portion of a prior offering of any of the Corporation's stock; and WHEREAS, pursuant to the requirements of Section 1244 and the Regulations issued thereunder, the following plan has been submitted to the Corporation by the Board of Directors of the Corporation: Plan to Issue Section 1244 Stock l. The Plan shall become effective upon its adoption by the Board of Directors. 2 . The Corporation is authorized to offer and issue 335,000 shares of Common Stock , with a par value of $1.00 per share. -3- • I • - ( <;,:....( \......J ....... ( • • • • 3. The Corporation shall offer and issue shares under the Plan only while it is effective. The Plan shall be effective two years, less one day , after its effective date unless sooner withdrawn or terminated by the Board. 4. During such period as set forth in Paragraph 3, the Corporation shall offer and issue only such Common Stock. 5. The maximum amount to be received by the Corporation in consideration of the stock to be issued pursuant to this plan shall be $499,000.00 . 6. Such common stock shall be issued only for money paid or other property (other than stock or securities). 7. Such other action shall be taken by the Corporation as shall qualify the stock offered and issued under this Plan as "Section 1244 Stock" as such tenn is defined in the Internal Revenue Code of 1954 and the Regulations issued thereunder. THEREFORE IT IS RESOLVED, that the foregoing Plan to issue Section 1244 stock is approved and adopted as the Plan for the issuance of shares of capital stock of this Corporation. RESOLVED, that the proper officers of this Corporation be, and they hereby are, authorized, empowered and directed to do and perform any and all acts and deeds necessary to carry out such Plan. * * * * * * RESOLVED, that the subscriptions of the following persons to purchase 50,000 of the Corporation's authorized shares for a consideration of Sl.00 per share, are accepted and acknowledged to constitute payment of at least the minimum .amount of capital required by the provisions of the Colorado Corporation Code to be paid in before this Corporation may commence business; and that the President or any Vice-President and Secretary or any Assistant Secretary of the Corporation are authorized and directed to issue to such subscribers -4- • I • - - • • • • • certificates representing shares of Conunon Stock of this Corporation, in the amount of their respective subscriptions: John D. Murchison E. Lee McClennahan Number of Shares 25,000 25,000 * * * * * * Considera- tion Cash Cash $25,000 $25,000 RESOLVED, that the fiscal year of the Corporation shall end December 31 of each calendar year. * * * * * * RESOLVED, that the Secretary or the Assistant Secretary of this Corporation is authorized to pay all charges and expenses incident to and arising out of the organi- zation of this Corporation and to reimburse any person who has made any disbursements therefor. Dated as of December 1, 1978. & J;fl!L,d<'-' Rita T. McClennalian <---.L_ \·v -~· 'John Nelson Ode~c::::::::::_ -5- • I • • • • • 0 REPRESENTED BY TllIS CERTIFICATE ARE SUBJECT TO A RESTRICTIVE COVENANT. • II· · F. . • • • - • • • • I I I ~I ~ u ! ~ ~I o tn I ... I I I i .~~~~~~~~~~~ ~ • I • • ( • ... ( • • • • COLOR.ADO PIZZA CORPORATION BYLAWS ARTICLE I OFFICES Section 1. The registered office shall be located in the City of Denver, State of Colorado. The corporation shall also have an office located in the City of Corpus Christi, State of Texas. Section 2. The corporation may also have offices at such other places, either within or without the State of Colorado, as the board of directors may from time to time determine or as the business of the corporation may require. ARTICLE II MEETINGS OF SHAREHOLDERS Section 1. All annual meetings of shareholders shall be held at the offices of the corporation in the City of Corpus Christi, State of Texas, or at such other place, within or without the State of Colorado, as may be designated by the board of directors and stated in the notice of the meeting or in a duly executed waiver of notice thereof. Special meetings of shareholders may be held at such place, within or without the State of Texas , and at such time as • 0 • I • ( • • • - shall be stated in the notice of the meeting or in a duly executed waiver of notice thereof . Section 2. Annual meetings of shareholders shall be held on the 1st day of December , if not a legal holiday , and if a legal holiday, then on the next secular day following , at 10:00 A.M., at which the shareholders shall elect a board of directors, and transact such other business as may properly be brought before the meeting . Section 3. Special meetings of the shareholders may be called by the president, the board of directors or the holders of not less than one-tenth (l/10) of all shares entitled to vote at the meeting. Section 4. Written or printed notice stating the place, day and hour of the meeting and, in the case of a special meeting, the purpose or purposes for which the meet- ing is called, shall be delivered not less than ten (10) nor more than fifty (SO) days before the day of the meeting, either personally or by mail, b y or at the direction of the president, the secretary, or the officer or person calling the meeting , to each shareholder of record entitl ed to vote at such meeting. I f mailed , such notice shall be deemed to be delivered when deposited in the United States mail ad- dressed to the shareholder at his address as it appears on -2- • I • • • • • - the stock transfer books of the corporation, with postage thereon prepaid. Section 5. Business transacted at any special meeting shall be confined to the purposes stated in the notice thereof. Section 6. The holders of a majority of the shares entitled to vote, represented in person or by proxy, shall constitute a quorum at meetings of shareholders except as otherwise provided in the articles of incorporation. If, however, a quorum shall not be present or represented at any meeting of the shareholders, the shareholders present in person or represented by proxy shall have power to adjourn the meeting from time to time , without notice other than announcement at the meeting , until a quorum shall be present or represented. At such adjourned meeting at which a quorum shall be present or represented , any business may be trans- acted which might have been transacted at the meeting as originally notified and called . The shareholders present at a duly organized meeti ng may continue to transact business notwithstanding the withdrawal o f some shareholders pri or to adjournment , but in no event sha l l a quorum consist of the holders of less than one-third (1/3) of the shares entitl ed . to vote and thus represented at such meeting . -3- • I • - • • • • • • Section 7. The vote of the holders of a majority of the shares entitled to vote and thus represented at a meeting at which a quorum is present shall be the act of the shareholders• meeting, unless the vote of a greater number is required by law or the articles of incorporation. Section 8. Each outstanding share, regardless of class, shall be entitled to one vote on each matter submit- ted to a vote at a meeting of shareholders, except to the extent that the voting rights of the shares of any class are limited or denied by the articles of incorporation or the Colorado Corporation Code. At any election for directors every shareholder entitled to vote at any such election shall have the right to vote, in person or by proxy, the number of shares owned by him for as many persons as there are directors to be elected and for whose election he has a right to vote, and shareholders of the corporation are expressly prohibited from cumulating their votes in any election for directors of the corporation. Section 9. A shareholder may vote in person or by proxy executed in writing by the shareholder or by his duly authorized attorney in fact. No proxy shall be valid after eleven (11) months from the date of its execution unless otherwise provided in the proxy. Each proxy shall be -4- • I • - • • • • • • revocable unless expressly provided therein to be irrevo- cable, and unless otherwise made irrevocable by law. Section 10. The officer or agent having charge of the stock transfer books shall make, at least ten (10) days before each meeting of shareholders, a complete list of the shareholders entitled to vote at such meeting or any adjourn- ment thereof, arranged in alphabetical order, with the address of and number of shares held by each, which list, for a period of ten (10) days prior to such meeting, shall be kept on file at the registered office of the corporation and shall be subject to inspection by any shareholder at any time during the usual business hours. Such list shall also be produced and kept open at the time and place of the meeting and shall be subject to the inspection of any share- holder during the whole time of the meeting . The original stock transfer books shall be prima facie evidence as to who are the shareholders entitled to examine such list or trans- fer book or to vote at any such meeting of shareholders. Section 11. Any action required by the statutes to be taken at a meeting of the shareholders , or any action which may be taken at a meeting of the shareholders , may be taken without a meeting if a consent in writing, setting forth the action so taken, shall be signed by all of the -s- • I • • - • • • • • shareholders entitled to vote with respect to the subject matter thereof, and such consent shall have the same force and effect as a unanimous vote of shareholders. Section 12 . Shareholders may participate in and hold a meeting by means of conference telephone or similar communication equipment by means of which all persons partici- pating in the meeting can hear each other. Participation in such a meeting shall constitute presence in person at the meeting, except where a person participates in the meeting for the express purpose of objecting to the transaction of any business on the ground the meeting is not lawfully called or convened. ARTICLE III DIRECTORS Section 1. The number of directors of the corpora- tion shall be three (3). The directors shall be elected at the annual meeting of the shareholders, except as provided in Section 2 of this Article, and each director elected shall hold office for the term for which he is elected and until his successor is elected and qualified. Directors need not be residents of the State of Texas or shareholders of the corporation. Any director may be removed at any time, with or without cause, at a special meeting of the shareholders called for that purpose. -6- • I • • • • • Section 2. Any vacancy occurring in the board of directors may be filled by the affirmative vote of a majority of the remaining directors though less than a quorum of the board of directors, except that any vacancy in the board of directors resulting from the removal of a director by the shareholders shall be filled only by the shareholders entitled to vote at an annual meeting or a special meeting called for that purpose. A director elected to fill a vacancy shall be elected for the unexpired term of his predecessor in office. Any directorship to be filled by reason of ari increase in the number of directors shall be filled by election at an annual meeting or at a special meeting of the shareholders entitled to vote called for that purpose. Section 3. The business and affairs of the corpo- ration shall be managed by its board of directors which may exercise all such powers of the corporation and do all such lawful acts and things as are not by statute or by the articles of incorporation or by these bylaws directed or required to be exercised and done by the shareholders . MEETINGS OF THE BOARD OF DIRECTORS · Section 4 . Meetings of the board of directors, regular or special, may be held either within or without the State of Colorado . -7- • I • • • • • • • .. • Section 5 . The first meeting of each newly elect- ed board of directors shall be held at such time and place as shall be fixed by the vote of the shareholders at the annual meeting and no notice of such meeting shall be neces- sary to the newly elected directors in order legally to constitute the meeting , provided a quorum shall be present . In the event of the failure of the shareholders to fix the time and place of such first meeting of the newly elected board of directors , or in the event such meeting is not held at the time and place so fixed by the shareholders, the meeting may be held at such time and place as shall be specified in a notice given as hereinafter provided for special meetings of the board of directors, or as shall be specified in a written waiver signed by all of the directors . Section 6 . Regular meetings of the board of directors may be held without notice at such time and at such place as shall from time to time be determi ned by the board of directors . Section 7. Special meetings of the board of directors may be called by the president and shall be called by the secretary on the written request of two (2) directors . Written notice of special meetings of the board of d i rect ors shall be given to each director at least ten (10 ) days -8- • I • • • • • • before the date of the meeting. Neither the business to be transacted at, nor the purpose of, any regular or special meeting of the board of directors need be specified in the notice or waiver of notice of such meeting. Section 8. A majority of the directors shall con- stitute a q\iorwn .for the transaction of business and the act of the majority of the directors present at a meeting at which a quorum is present shall be the act of the board of directors, unless a greater number is required by the articles of incorporation. If a quorum shall not be present at any meeting of the board of directors , the directors present thereat may adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum shall be present. At such adjourned meeting at which a quorum shall be present, any business may be transacted which might have been transacted at the meeting as originally notified and called. Section 9. Any action required or permitted to be taken at a meeting of the board of directors or the executi ve committee may be taken without a meeting if a consent in writing, setting forth the action taken, is signed by all of the members of the board of directors or the executive committee, as the case may be, and such consent shall have the same force and effect as a unanimous vote at a meeting. -9- • I • • - • • • • Section 10 . Directors and committee members may participate in and hold a meeting by means of conference telephone or similar communication equipment by means of which all persons participating in the meeting can hear each other. Participation in such a meeting shall constitute presence in person at the meeting, except where a person participates in the meeting for the express purpose of objecting to the transaction of any business on the ground the meeting is not lawfully called or convened. COMMITTEES OF DIRECTORS Section 11. The board of directors, by resolution adopted by a majority of the whole board, may designate from among its members an executive committee and one or more other committees, each of which, to the extent provided i n such resolution, shall have and may exercise all of the authority of the board of directors in the business and affairs of the corporation except where the action of the board of directors is required by statute. Vacancies in the membership of a committee shall be filled by the board of directors ·at a regul ar or special meeting of the ·board of directors . The executi ve committee shall keep regular min- utes of its proceedings and report the same to the board when required. The designation of any such committee and -10- • I • - • • • • • • the delegation thereto of authority shall not operate to relieve the board of directors, or any member thereof , of any responsibility imposed upon it or him by law. COMPENSATION OF DIRECTORS Section 12. The directors may be paid their expenses, if any, of attendance at each meeting of the board of directors and may be paid a fixed sum for attendance at each meeting of the board of directors or a stated salary as director. No such payment shall preclude any director from serving the corporation in any other capacity and receiving compensation therefor. Members of special or standing committees may be allowed like compensation for attending committee meetings. CHAIRMAN OF THE BOARD Section 13. The board of directors may, in its discretion, choose a chairman of the board who shall preside at meetings of the shareholders and of the directors and shall be an ex officio member of all standing committees. The chairman of the board shall have such other powers and shall perform such other duties as shall be designated by the board of directors. The chairman of the board shall be a member of the board of directors but no other officers of the corporation need be a director. The chairman of the -ll- • I • • • • • board shall serve until his successor is chosen and qual i - fied, but he may be removed at any time by the affirmative vote of a majority of the board of directors. ARTICLE IV NOTICES Section 1. Notices to directors and shareholders shall be in writing and delivered personally or mailed to the directors or shareholders at their addresses appearing on the books of the corporation. Notice by mail shall be deemed to be given at the time when same shall be mailed. Notice to directors may also be given by te l egram , and shall be deemed delivered when same shall be deposited at a tele- graph office for transmission and all appropriate fees therefor have been paid. Section 2 . Whenever any notice is required to be given to any shareholder or director under the provisions of the statutes or of the articles of incorporation or of these bylaws, a waiver thereof in writing signed by the person or persons entitled to such notice, whether before or after the time stated therein , shall be equivalent to the g i ving of such notice . Section 3 . Attendance of a director at a meeti ng shall constitute a waiver of notice of such meeting , except -12- • I • • • • • where a director attends a meeting for the express purpose of objecting to the transaction of any business on the ground that the meeting is not lawfully called or convened . ARTICLE V OFFICERS Section l. l'he officers of the corporation shall consist of a president, one or more vice presidents, a secretary and a treasurer, each of whom shall be elected by the board of directors. Any two or more offices may be held by the same person, except that the president and secretary shall not be the same person. Section 2. l'he board of directors at its first meeting after each annual meeting of shareholders shall choose a president, one or more vice presidents, a secretary and a treasurer, none of whom need be a member of the board . Section 3. Such other officers and assistant officers and agents as may be deemed necessary may be elect- ed or appointed by the board of directors. Section 4. The salaries of all officers and agents of the corporation shall be fixed by the board of directors. Section 5 . The officers of the corporation shall hold office until their successors are chosen and qualify. -13- • I • • - • • • • • • and execution thereof shall be expressly delegated by the board of directors to some other officer or agent of the corporation. l'HE VICE PRESIDENTS Section a. The vice presidents in the order of their seniority, unless otherwise determined by the board of directors, shall, in the absence or disability of the presi- dent, perform the duties and exercise the powers of the president. They shall perform such other duties and have such other powers as the board of directors shall prescribe. l'HE SECRETARY AND ASSISTANT SECRETARY Section 9. The secretary shall attend all meetings of the board of directors and all meetings of the shareholders and record all the proceedings of the meetings of the corpora- tion and of the board of directors in a book to be kept for that purpose and shall perform like duties for the standing committees when required. He shall give, or cause to be given, notice of all meetings of the shareholders and special meetings of the board of directors, and shall perform such other duties as may be prescribed by the board of directors or president, under whose supervision he shall be. He shall keep in safe custody the seal of the corporation and, when authorized by the board of directors, affix the same to any -15- • I • • • • • Any officer or agent or member of the executive committee elected or appointed by the board of directors may be re- moved by the board of directors whenever in its judgment the best interests of the corporation will be served thereby , but such removal shall be without prejudice to the contract rights, if any , of the person so removed. Any vacancy occurring in any office of the corporation by death, resign- ation, removal or otherwise shall be filled by the board of directors. THE PRESIDENT Section 6. The president shall be the chief executive officer of the corporation, shall have general and active management of the business of the corporation and shall see that all orders and resolutions of the board of directors are carried into effect. In the absence of the chairman of the board or in the event the board of directors shall not have designated a chairman of the board , the president shall preside at meetings of the shareholders and the board of directors . Section 7 . He s h a ll execute bonds , mortgages and other contracts requiri ng a seal , under the seal of the corporation, except where requi red or permitted by law to be otherwise signed and executed and except where the signing -14- • I • • • • • • and execution thereof shall be expressly delegated by the board of directors to some other officer or agent of the corporation . THE VICE PRESIDENTS Section 8 . The vice presidents in the order of their seniority, unless otherwise determined b}' the board of directors, shall, in the absence or disability of the presi- dent, perform the duties and exercise the powers of the president. They shall perform such other duties and have such other powers as the board of directors shall prescribe . THE SECRETARY AND ASSISTANT SECRETARY Section 9. The secretary shall attend all meetings of the board of directors and all meetings of the shareholders and record all the proceedings of the meetings of the corpora- tion and of the board of directors in a book to be kept for that purpose and shall perform like duties for the standing committees when required. He shall give, or cause to be given, notice of all meetings of the shareholders and special meetings of the board of directors , and shall perform such other duties as may be prescribed by the board of directors or president, under whose supervision he shall be. He shall keep in safe custody the seal of the corporation and, when authorized by the board of directors, affix the same to any -15- I • • • • • .. • instrument · requiring it and, when so affixed, it shall be attested by his signature or by the signature of the treasurer or an assistant secretary. Section 10. The assistant secretaries in the order of their seniority, unless otherwise determined by the board of directors , shall, in the absence or disabil i ty of the secretary, perform the duties and exercise the powers of the secretary. They shall perform such other duties and have such other powers as the board of directors may from time to time prescribe. THE TREASURER AND ASSISTANT TREASURERS Section 11. The treasurer shall have the custody of the corporate funds and securities and shall keep full and accurate accounts of receipts and disbursements in books belonging to the corporation and shall deposit all moneys and other valuable effects in the name and to the credit of the corporation in such depositories as may be designated by the president, unless otherwise designated by the board of directors. Section 12. He shall disburse the funds of the corporation as may be ordered by the board of directors , taking proper vouchers for such disbursements, and shall render to the president and the board of directors at its -16- • I • • - • • • • • regular meetings or when the board of di rectors so requires an account of all his transactions as treasurer and of t h e financial condition of the corporation. Section 13. If required by the board of directors he shall give the corporation a bond in such sum and with such surety or sureties as shall be satisfactory to the board of directors for the faithful performance of the duties of his office and for the restoration to the corpo- ration, in case of his death, resignation , retirement or removal from office , of all books , papers , vouchers , money and other property of whatever kind in his possession or under his control belonging to the corporation. Section 14. The assistant treasurers in the order of their seniority, unless otherwise determined by the board of directors, shall , in the absence or disability of the treasurer, perform the duties and exercise the powers of the treasurer . They shall perform such other duties and have such other powers as the board of directors may from time to time prescribe. ARTICLE VI CERTIFICATES FOR SHARES Section 1. The corporation shall deliver certifi- cates representing all shares to which shareholders are -17- • I • ]- • • • • entitled; and such certificates shall be signed by the president or a vice president, and the secretary or an assistant secretary of the corporation, and may be sealed with the seal of the corporation or a facsimile thereof. No certificate shall be issued for any share until the consid- eration therefor has been fully paid. Each certificate representing shares shall state upon the face thereof that the corporation is organized under the laws of the State of Colorado, the name of the person to whom issued, the number and class and the designation of the series, if any, which such certificate represents, and the par value of each share represented by such certificate or a statement that the shares are without par value. Section 2. If the corporation is authorized to issue shares of more than one class, each certificate re- presenting shares issued by the corporation (1) shall con- spicuously set forth on the face or back of the certificate a full statement of (a) all of the designations, preferences, limitations, and relative rights of the shares of each class authorized to be issued and, (b) if the corporation is authorized to issue shares of any preferred or special class in series, the variations in the relative rights and pre- ferences of the shares of each such series to the extent -18- • I • • • • • they have been fixed and determined and the authority of the board of directors to fix and determine the relative rights and preferences of subsequent series ; or (2) shall consp i c- uously state on the face or back of the certificate that (a) such a statement is set forth in the articles of incorporation on file in the office of the Secretary of State and (b) the corporation will furnish a copy of such statement to the record holder of the certificate without charge on written request to the corporation at its principal place of business or registered office. Section 3. If the corporation has by its articles of incorporation limited or denied the preemptive right of shareholders to acquire unissued or treasury shares of the corporation, every certificate representing shares issued by the corporation (1) shall conspicuously set forth upon the face or back of the certificate a full statement of the limitation or denial of preemptive rig~ts contained in the articles of incorporation, or (2) shall conspicuously state on the face or back of the certificate (a) that there is on file in the office of the Secretary of State a full statement of the limitation or denial of preemptive rights contained in the articles of incorporation , and (b) that the corporati on will furnish a copy of such statement to any shareholder -19- • I • • • • • without charge upon written request to the corporation at its principal place of business or registered office . Section 4. The signatures of the president or vice president and the secretary or assistant secretary upon a certificate may be facsimiles, if the certificate is countersigned by a transfer agent, or registered by a reg- istrar, other than the corporation itself or an employee of the corporation. In case any officer who has signed or whose facsimile signature has been placed upon such certi- ficate shall have ceased to be such officer before such certificate is issued, it may be issued by the corporation with the same effect as if he were such officer at the date of the issuance. LOST CERTIFICATES Section 5. The board of directors may direct a new certificate or certificates to be issued in place of any certificate or certificates theretofore issued by the corpo- ration alleged to have been lost or destroyed, upon the making of an affidavit of that fact by the person claiming the certificate of stock to be lost or destroyed. When authorizing such issue of a new certificate or certificates, the board of directors may, in its discretion and as a condition precedent to the issuance thereof, require the -20- • • I • • ~: • • • ( owner of such lost or destroyed certificate or certificates , or his legal representative , to advertise the same in such manner as it shall require and/or to give the corporation a bond in such sum as it may direct as indemnity agai n st any claim that may be made against the corporation with respect to the certificate alleged to have been lost or destroyed . • Section 6. Upon surrender to the corporation or the transfer agent of the corporation of a certificate for shares duly endorsed or accompanied by proper evidence of succession, assignment or authority to transfer , it shall be the duty of the corporation to issue a new certifi cate to the person entitled thereto, cancel the old certificate and record the transaction upon its books. RESTRICTION ON TRANSFER OF SHARES Section 7. If the corporation issues any shares which are not registered under the Securities Act of 1933, as amended, and registered or qualified under any applicable state securities laws, the transfer of any such shares shall be restricted in accordance with the following legend : "The shares of stock represented by this certi- ficate have not been registered under the Securities Act of 1933, as amended (the 'Act'), or registered or qualified under the securities laws of any state, and the holder hereof cannot make any sale, assignment or other transfer of any shares of such stock except pursuant to an offering of such shares duly registered -21- • I • - • • • • • under the Act and registered or qualified under any applicable state securities laws , or under such other circumstances as in the opinion of counsel for or satisfactory to the issuer shall not, at the time, require registration under the Act and/or registration or qualification under any state securities law. Also said shares are 'restricted securities' within the meaning of Rule 144 promulgated by the Securities and Exchange Commission under the Act and may be subject to the limitations and reporting requirements of said rule upon resale or other disposition thereof." In the event any restriction on the transfer, or registration of the transfer, of shares shall be imposed or agreed to by the corporation, each certificate representing shares so restricted (1) shall conspicuously set forth a full or summary statement of the restriction on the face of the certificate, or (2) shall set forth such statement on the back of the certificate and conspicuously refer to the same on the face of the certificate, or (3) shall conspicuou sly state on the face or back of the certificate that such a restriction exists pursuant to a specified document and (a) that the corporation will furnish to the record holder of the certificate without charge upon written reg\iest to the corporation at its principal place of business or registered office a copy of the specified document, or (b) if such document is one required or permitted by law to be and has been filed, that such spec ifi ed document is on file in the office of the Secretary of State and contains a full statement of such restriction. -22- • I • • • ~: .. • • • • CLOSING OF TRANSFER BOOKS AND FIXING RECORD DATE Section 8. For the purpose of determining share- holders entitled to notice of or to vote at any meeting of shareholders or any adjournment thereof, or entitled to receive payment of any dividend, or in order to make a determination of shareholders for any other proper purposes , the board of directors may provide that the stock transfer books shall be closed for a stated period not to exceed, in any case, fifty (SO) days. If the stock transfer books shall be closed for the purpose of determining shareholders entitled to notice of or to vote at a meeting of shareholders , such books shall be closed for at least ten (10) days imme- diately preceding such meeting. In lieu of closing the stock transfer books, the board of directors may fix in advance a date as the record date for any such determination of shareholders, such date in any case to be not more than fifty (SO) days, and, in case of a meeting of shareholders, not less than ten (10) days, prior to the date on which the particular action requiring such determination of shareholders is to be taken. If the stock transfer books are not closed and no record date is fixed for the determination of share- holders entitled to notice of or to vote at a meeting of shareholders, or shareholders entitled to receive payment of -23- • • I • • • • • a dividend, the date on which the notice of the meeting i s mailed or the date on which the resolutions of the board of directors declaring such dividend is adopted, as the case may be, shall be the record date for such determination of shareholders. When a determination of shareholders entitled to vote at any meeting of shareholders has been made as provided in this section, such determination shall apply to any adjournment thereof, except where the determination has been made through the closing of stock transfer books and the stated period of closing has expired. REGISTERED SHAREHOLDERS Section 9. The corporation shall be entitled to recognize the exclusive rights of a person registered on its books as the owner of shares to receive dividends, and to vote as such owner, and shall not be bound to recognize any equitable or other claim to or interest in such share or shares on the part of any other person, whether or not it shall have express or other notice thereof, except as other- wise provided by the laws of the State of Colorado. ARTICLE VII GENERAL PROVISIONS Section l. The board of directors may declare and the corporation may pay dividends on its outstanding shares -24- • • I • • - • • • • in cash, property, or its own shares pursuant to law and subject to the provisions of its articles of incorporation . Section 2. The board of directors may by resolu- tion create a reserve or reserves out of earned surp lus for any proper purpose or purposes , and may abolish any such reserve in the same manner. REPORT TO SHAREHOLDERS Section 3. The board of directors must, when requested by the holders of at least one-third (1/3) of the outstanding shares of the corporation, present written reports of the situation and amount of business of the corporation. CHECKS Section 4. All checks or demands for money and notes of the corporation shall be signed by such officer or officers or such other person or persons as the board of directors may from time to time designate. FISCAL YEAR Section 5. The fiscal year of the corporation shall be fixed by the resolution of the board of ·directors . SEAL Section 6. The corporate seal shall have inscribed thereon the name of the corporation, the year of its organiza- -25- • .. • • I • • - • • • • tion and the words "Corporate Seal, State of Colorado". The seal may be used by causing it or a facsimile thereof to be impressed or affixed or in any other manner reproduced. ARTICLE VI II AMENDMENT OF BYLAWS These bylaws may be altered, amended or repealed or new bylaws may be adopted at any meeting of the board of directors at which a quorum is present, by the affirmative vote of a majority of the directors present at such meeting (provided notice of the proposed alteration, amendment or repeal is contained in the notice of the meeting), subject to repeal or change at any meeting of the shareholders at which a quorum is present, by the affirmative vote of a majority of the shareholders present at such meeting (provided notice of the proposed alteration, amendment or repeal is contained in the notice of the meeting). -26- • I . - • • • • • ASSETS COLORADO PIZZA CORPORATION Balance Sheet January 1, 1979 Letter of Commitment from investor LIABILITIES CAPITAL STOCK 50,000 shares @ $1.00 Total assets and equity $ 285,000 -0 - 50,000 ~ 335,000 I certify the above represents the true financial condition of Colorado Pizza Corporation as of the date indicated. E. L. McClennahan, President • I • 1- 0 • ( • • • • ME :VIORANDUM TO: John Od ell FROM: Lee McCl ennahan SUBJECT: RESPONSIBILITIES Al>,. COMPEN SA'i J.UN Decemb er 7, 1 c179 DATE: -------------- nr o .. ·ly speaking, it shall be your responsibilit y t o assJ ;~ I?lt' in t e lli ng the coL·porate goals which have b e e n cs tau l i shed . ...,, Culora J o Pizza Corporat i on begins to un f old, your ei f o rt s wil l be more directly relaLed (but not limited) to operat ion s . Thi. will include selection and tra · n ing of store man <:i g c ment , .~rsonn...,l , assuring that high stan ~a rds o f quality, fo o d , uc r v ic e a cl0JnJ.- ness are consistently maintained. During the initial months, you will b e asked to a ss ist me in a l l phases of the pre-opening process . Your compensation foi these services is outline d b . l ow : Election as a Vice-President of Colorado P i zza CorporJ - tion effective J a nuary 1, 1979. 2. A starting salary,,, $15,300 per ann um b ."y inning J"c.n L. 1·y 1, 1979, plus an annua l cash bonus ba seJ u p on c orpo r il L0 p rofits and your performan ce . 3. Initially, I will sell you two percen t of t he out s t3nd in g stock of the Corporation (2 , 0 0 0 shares) f rom my per soila 1 shares a L my c ost. If you prefe r, the sale may be handled in the form of 3 note. In addit j o n , I will g ra nt you an option to pu rcha se 1 ,00 0 s h a r es each y ear for three year s at my cost. 4. The above shares shall be yours providin g y o u con t inu e · .·. be e mployed by Colorado Pi :·· ~3 Corpora t i o n , or one of my d f filiates for at least five y e ars. I will maintain the voting ri g hts , would h v e a con tinu i n <J right of first refusal shoul ~ you desi re to s e l l your shares, and would re s trict yo u r right to e ncumbe r t h e s hares . • I • - • • ( • • • • MEMORANDUM TO: Mr. John Odell -2 -De cen .. oe r 7, 1 9 78 5. Colorado Pizza Corporation will continue the hos p .. t al i- zation plan currently in e ~f ec t , pay a l l moving e xpenses for you and Melissa from Kingsville to Denver, a s w ~l l as nece 1s ary busine ss travel expense. Lee McClennahan EU'1/rtm I certify that thi s me mor a ndum r e pr e~;e nt ~; tl'.e t rue: s La I t1:; between John Odell and the Co J (J rado P i zz a Corporation , j /j , f i / ibi tUt{{i t (u f.ttfl._ :!.,c e i'.icC l c:nnahan President • I • - • • • • Ll:.l'J l:.R OF lt-. fL:-.T ( J4.~U33~~- J~ANC.U. /Mtf;srM~~ z~qt; s. <; r . r?Ai.c <- J:W'A:t ,C.. ~01./() oear -+=M"-""t~Tu-"'.£.JSlt"------ This lett<:r sha ll be ev 1 de:i .~ c o f .... u r i r1t ... n t tc.: 11.!..l .·:l? !:l e.:-. · ~u the property de s c rjtied on the .ltt~.-hcd L~ni L it:. T:.c. :er a:.; u! ~:.;:.· Lease shall be a s f o 11 o ••s : l) T7 term shall Le fo r a pt r iod o f {E.oj (~0 ) years with __ ,,_l ~w __ O __ <-2::::> 0pt ions o ~ _ Yi~-~,£i y, >r s apiece. 2) The L-::a se sha ll cununc1 1Ct! 11 p ... 1n com p let ~..11. of c o ::is tr :1 .:t.!on of the Mr . Gatti'5 Restdu ra nt we i n tend to Luild on the i:-rup~r ty . J ) Tht:: n.i i imum r ent shall be ------1s.liooo ·· per year payable in monthly i n stal 1 mE:n t s . The mi n~:nurr. rent. .! ~ n1~1:d upon costs of c onstruction of t h e n.:stai..:rant ar.d i 1 pr.:>\"C.:!1 rjts v :. t.h~ premises . In add i tion. we a g r ee t o pay percent of our gros s sa l es a s µcrc Ln tu~e rc n~. 4 ) The Le ase sh~ll be o ~t , ~~t, ne t Lea se. 5) Our t:::nte ring the L t!d~L •v i ll be con tin n ~:"lt u:ovr. C:.l:· ::"'.~u r that we wil l be a bl e to u s e the prC'mi::;es foe o ur i nt.c:.-;d:cid rest 1 .:--m t purposes. The contingen c i es will inc l ude an examin .:ation v: t i t;-.: and s ite a nalysis, obtain i ng all n~~e~s£ry a,rro vals by Jll s~ ~~~·~~L-1 a utho r itie s, determi ning the avo ila_1litv o! uti ll t!~s . Jnd ~~~ -~i:· a su itable con s tru=tion c ontr.lc a;"!.d fin:mc.!ng . Th ·~ Lease, ... 1..·o..:r:.:.t, is al so con t ingent. u pon n '.Jr i~Cuci:,g o•.Jr ag r c~ment. lo a fj r.~! ~:::1t.1:-•... ( I • l • - • • 't'he p urµc!;..: of t hi~ Letl1.;r oJ ln t \ !,t J :..• ~o .. .... .... . ..... ~o ... .;. I .,. .I. .: • ".:• :"l .·~1 .:S')T C: r o hold y o u !:ar ml ess fr om t: .. · c.o.::t t.l.\.-J"l!'Of . lf t.n i ~ 1 ~ Li.:r corr r ... ! 1 ~ ... .... !:. •. ~·:: ~·· l:":!t:-.:;..v ;., :lS .:.> .. a copy of this 1,.-t~··r ~t t Le : ...... :. .. .... nd ,:.:;t;,,1I :, l L• · •1c • ~ ~ ... ;l!' ~ .. ·.:i . c~Jic~P-~)- ', __ }~f-- • • I • ( ( • City of Englewood • • • REC EIVEL1 JJL 16 1979 DEPT. OF H.'Ji\1 CE WGLEVIQ OlJ 1.10 1):.., U .111 ~ll \l,.I 1 I 11ql ,·w (1t1d . C11 lo r.1 d 1., HI 111 P t.one (303 ) ltj 1 I 1 .u, May 9 , 1979 TO WHOM IT MAY CONCcRN Property at 225 East Je ffe rson Avenue, i n the "Dry Creek Shopping Cent er" located north of East Jefferson Avenue or U.S. 285 between South Shennan and South Logan Streets, is in the B-1, COlllln ercial Zone District of the City of Englewood, Colorado. Restaurants are listed as a permitted use in the Comprehensive Zoning Ordinance as follows : 22.4-10 B-1 Business District b. Pennitted principle uses. (87) Restaurants (not including drive-in type); &'~, £-L.9' - Barbara Y &"~mg, V' Planning Assistant • • I . '. <' ··: ,,· ;..-·' I I • • s.~'L .) \:.tf;>, e. ~\-~ .... ,::i~'t. ,--., c.(V.. '-011.~ '""' ~ -I -0 0:) ""-. • • • 0 Wo.'i..•,~~ c;1v..\ \t).y ~.n :t \:..~> " I r ---- rll.tf..~ ~ ~W\. \ \.i ._c.,~\u :)_ \. !. [" £ ,.,. ... ,..(.. t_ \i C"Qf~ • •