Commissioner Clement moved that the following Resolution be adopted:
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF JEFFERSON
WHEREAS, Texaco of Colorado, Inc., made application on February 6, 1991, for a 3.2% Fermented Beverage Liquor License, (limited to sales for consumption off premises only), to be located at 10611 W. Florida Avenue, Lakewood, Colorado; and
WHEREAS, after notice as provided by law, testimony regarding publication was presented to this Board on April 4, 1991, and a full and complete hearing was held by this Board on May 14, 1991, at which time the matter was continued to May 21, 1991, for a decision; and
WHEREAS, based on the evidence presented, the County Liquor Investigator's report, and the testimony of all interested pparties, this Board finds as follows:
1.Richard R. Irvine, President; James R. Schaaf, Vice-President; Raymond E. Hopkins, Secretary; are qualified as to character and reputation to hold a Liquor License.
2.That proper posting, publication and public notice was provided as required by law for the public hearing held by the Board of County Commissioners of Jefferson County.
3.That the hearing before the Board was extensive and complete and that all pertinent facts, matters and issues were submitted and considered by the Board.
4.That the area to be served and the neighborhood to be considered for purposes of this 3.2 Fermented Malt Beverage Liquor License is an area 1 mile in radius from the proposed location.
5.That the property in question is zoned Commercial One (C-1) and would permit the use of a 3.2% Fermented Malt Beverage, Off Premise Liquor License.
6.That no one appeared in opposition to the proposed license.
7.That zoning in the immediate area of the subject property is as follows:
North - Agricultural-Two (A-2), (Lakewood) Residential
South - (Lakewood) Commercial, Residential
East - (Lakewood) Residential
West - (Lakewood) Residential
8.That land uses in the immediate area of the proposed premises to be licensed are as follows:
North - Recreation - Lake, Residential
South - Business, Residential
East - Residential
West - Business, Residential
9.Petitioning by the applicant regarding the needs and the desires of the subject neighborhood indicated the following:
Number of residents for - 188
Number of residents against - 67
Number of residents with no opinion - 8
Total number of residents contacted - 263
10.That the distance in all directions to the nearest outlet with a similar type of license is as follows:
North - 3 miles
South - Across Street
East - 3 miles
West - 1 mile
11.That the building which is to house the liquor license was built 20 years ago and is in good condition.
12.That approval by the Jefferson County Health Department is required.
13.The distance in all directions to the nearest schools is as follows:
North - Green Mountain Elementary 1 mile
South - Carmody Jr. High 1 mile
East - Kendrick Lakes Elementary 3/4 mile
West - Irwin Elementary 1/2 mile
14.That the parking for the subject premises will be adequate.
15. That the proposed outlet would be adjacent to the incorporated area of Lakewood.
16.That after due consideration of the testimony, exhibits introduced into the record, and a review of the petition circulated by the applicant, this Board finds that the needs of the neighborhood are not being met by existing outlets and that a substantial number of the inhabitants of the neighborhood desire that the applied-for license be granted.
17.That for the reasons set forth above, the granting of the applied-for 3.2% fermented Malt Beverage Liquor License (limited to sales for consumption off premises only), is in the best interest of the health, safety, morals and convenience of the citizens of Jefferson County.
NOW, THEREFORE, BE IT RESOLVED that the application of for a 3.2% Fermented Malt Beverage Liquor License (limited to sales for consumption off premises only), to be located at 10611 W. Florida Avenue, Lakewood, Colorado, be and hereby is APPROVED subject to the following conditions:
1.Each individual applicant, manager, partner, corporate director, officer and stockholder owning l0% or more of the outstanding issued stock of the corporation, shall apply for and obtain a liquor identification card from Jefferson County. The liquor I.D. card shall be carried on the person of the licensee while at work and exhibited upon request of any police officer.
2.Written approval by the Jefferson County Health Department shall be required before the liquor license is issued.
Commissioner Stone seconded the adoption of the foregoing Resolution. The roll having been called, the vote was as follows:
Commissioner Marjorie E. Clement AYE
Commissioner Rich Ferdinandsen ABSENT
Commissioner John P. Stone, Chairman AYE
The Resolution was adopted by majority vote of the Board of County Commissioners of the County of Jefferson, State of Colorado.
Dated: May 21, 1991