Loading...
HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 10/16/1974Ll 0 LIQUOR LICENSING AUTHORITY October 16, 1974 Regular Meeting 7:30 P.M. Present: Elton Collins Rosemarie Fentress James MacNair Donald Robotham Absent: Rudy Baldivia Staff members present: Hendricks, Smith and Lewis Also Assistant City Attorney Joe Carroll Minutes of September 18, 1974 Regular Meeting and September 30, 1974 Special Meeting, approved Authority member Collins made a motion to approve the minutes of the September 18, 1974 regular meeting and the September 30, 1974 special meeting as published, seconded by Rosemarie Fentress. The Chairman put the motion which was adopted unanimously. Hearings Chairman Robotham inquired if the applicants were present in person or represented by Counsel. Botb applicants for final hearings were present. The Chairman read the hearing procedures at length. Final Hearing for a Hotel -Restaurant Liquor License by Jessica Wells, Rita Dayton and Nancy Wilmarth dba Monte Carlo Lounge, 830 North College Avenue City Clerk, Verna Lewis, read the resolution and findings on the preliminary hearing at length. r Authority member MacNair made a motion to adopt the resolution setting forth the findings of the prelimi ary hearing, seconded by Rosemarie Fentress. The Chairman put the motion which was adopted unanimously. RESOLUTION OF THE LIQUOR LICENSING AUTHORITY OF FORT COLLINS SETTING FORTH FINDINGS ON A PRELIMIN- ARY HEARING ON A LIQUOR LICENSE APPLICATION WHEREAS, heretofore, Jessica Wells, Rita Dayton and Nancy P. Wilmarth, doing business as Monte Carlo Lounge, made application to the Liquor Licensing Authority for a beer, wine and liquor license (Hotel, Restaurant); and WHEREAS, the Liquor Licensing Authority has received reports concerning such applications, and has held a prelim- inary hearing on such application as provided in Rule 3 of the Rules of Procedure of the Liquor Licensing Authority. NOW, THEREFORE, BE IT RESOLVED BY THE LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, that the Authority hereby makes the following preliminary findings and determinations concerning this application, subject to the right of any party in interest to present further evidence concerning any of such findings and determinations at the hearing to be held on this application on the 16th day of October, 1974: 1. That the subject premises are proper premises under the ordinances of the City of Fort Collins and the laws of the State of Colorado to be licensed for the sale of liquor as applied for by the applicant. - 2- 2. That the boundaries of the neighborhood to be served by this applicant are as follows: Fort Collins city limits. 3. That the necessary notice of hearing by publication and by posting of the premises has not been given as provided by law, and the Authority has directed the City Clerk to accomplish said notice prior to the hearing date. 4. That the applicant is qualified under the ordinances of the City and the laws of the State for the license applied for. 5. That the application is in proper form and will be heard by the authority on October 16, 1974. Passed and adopted at a regular meeting of the Liquor Licensing Authority held this 16th day of October, 1974. p , Chairman ATTEST: t City -3- Attorney Elery Wilmarth stated for the record, the preliminary matters covered the application; he assumed that the plans, fees, partnership agree- ment, background investigation, finger printing had all been accomplished successfully and to the satisfaction of the Licensing Authority. Also that the proposed premise is not within 500 feet of a school. Attorney Wilmarth requested a parking schematic be marked and entered as evidence, showing the site of the proposed license. The Chairman received petitioners exhibit "A", parking schematic. At this time Mr. Wilmarth called Mr. Eldon James Campbell, Jr., 2025 Sheffield Court, Fort Collins to the r,odium to give testimony as manager for the proposed outlet and his experience in operating a hotel restaurant liquor outlet. Mr. Campbell had been sworn by the Court recorder. Mr. Tom Bond, 909 Timber Lane, Fort Collins, was next called and duly sworn by the Court recorder. Mr. Bond gave testimony to petitioners exhibit "C", being a petition in support of the application containing 51 signatures. Mr. Bond also testified as to his experience relative to the operation of a hotel restaurant liquor license. Mr. Steve Montgomery, 2025 North College Avenue, #347, Fort Collins, Assistant Manager at Monte Carlo Lounge was sworn by the Court recorder and gave testimony relative to petitioners Exhibit "B", being a petition in sup- port of the application containing approximately 305 signatures. Mr. Steve Montgomery also gave testimony as to his knowledge of City and State liquor regulations and his experience. Chairman Robotham had earlier inquired of Attorney Wilmarth, if he were familiar with the report submitted by the Building Inspection Department and stated it would be clarified later in the hearing, first he wished to know if the applicants will be actively engaged in the operation of the business. Attorney Wilmarth stated they would have the power to hire and fire the management. Chairman Robotham requested that Mr. Campbell retake the stand and testify to the following: (A) Layout and floor plan of the establishment and interior of the building. (B) Layout of the entire premises. (C) Seating capacity. (D) Food service facilities including size of kitchen, types of equipment and fixtures and areas devoted to service of food. (E) Types of meals to be served and composition of menu. (F) Hours of food service and hours of overall operation. (G) Whether entertainment is to be provided and how much. (H) Whether cover charges are to be imposed and how much. (I) Whether any amusement machines or devices are to be located on the premises. (J) Location of bar, if any. (K) Overall seating capacity versus entertainment area. -4- so a The Chairman next again inquired into the Building Inspection Report. City of Fort Collins LIQUOR LICENSING INVESTIGATION REPORT Note: This report is to be returned to the City Clerk by Oct 16. ,19 74 Hearing date: Oct. 16, 1974 Application for: Monte Carlo Lounge, 830 North College Avenue Names Addresses Jessica Wells 10 Wimbledon Ct, Fort Collins Rita Dayton 1417 Emigh Street, Fort Collins Nancy P. Wilmarth 1411 Hillside Drive, Fort Collins Type of License applied for: hotel -restaurant liquor license Is applicant's premises in compliance with all Building Inspection regulation? Yes No Other Comments: C 7 .�.�ot,l. f" cC' c � t� ��G�Q� CcA/((/ L:-E�TG-�' �� /�f �GcL (ti� C�t��✓ Date: (k C L ,19 7� Signed G / Building Inspection Department -S- a Attorney Wilmarth stated the petitioners had worked with the Health Department officials in this matter. Chairman Robotham stated the Authority could render a decision on the application immediately or take the matter under advisement for 30 days. Authority member Collins made a motion, seconded by James MacNair to approve the application for Jessica Wells, Rita Dayton and Nancy Wilmarth dba Monte Carlo Lounge subject to the petitioners meeting the requirements of the City Building Inspection prior to the issuance of the license. The Chairman put the motion which was unanimously adopted. A written notice will be rendered in 30 days. Final Hearing on an application for Expansion of a Retail Liquor Store by Darrel Blake dba Johnny's Liquors, approved City Clerk, Verna Lewis, read the findings of the preliminary hearing at length. Authority member Fentress made a motion to adopt the resolution setting forth the findings on a preliminary hearing for the expansion of premises for Johnny's Liquors, seconded by Elton Collins. The Chairman put the motion which was unanimously adopted. RESOLUTION OF THE LIQUOR LICENSING AUTHORITY OF FORT COLLINS SETTING FORTH FINDINGS ON A PRELIMIN- ARY HEARING ON AN APPLICATION FOR ENLARGEMENT OF PREMISES OF AN EXISTING LIQUOR LICENSEE WHEREAS, heretofore, Darrel Blake, doing business as Johnny's Liquor, made application to the Liquor Licensing Authority for enlargement of the existing licensed premises; and WHEREAS, the Liquor Licensing Authority has received reports concerning such applications, and has held a prelim- inary hearing on such application as provided in Rule 3 of the Rules of Procedure of the Liquor Licensing Authority. -6- NOW, THEREFORE, BE IT RESOLVED BY THE LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, that the Authority hereby makes the following preliminary findings and determinations concerning this application, subject to the right of any party in interest to present further evidence concerning any of such findings and determinations at the hearing to be held on this application on the 16th day of October, 1974: 1. That the subject premises are proper premises under the ordinances of the City of Fort Collins and the laws of the State of Colorado to be licensed for the sale of liquor as applied for by the applicant. 2. That the boundaries of the neighborhood to be served by this applicant are as follows: one mile radius from Ill West Prospect, Fort Collins, Colorado. 3. That the necessary notice of hearing by publication and by posting of the premises has not been given as provided by law, and the Authority has directed the City Clerk to accomplish said notice prior to the hearing date. 4. That the applicant is qualified under the ordinances of the City and the laws of the State for the expansion of the lisence applied for. 7} 4.. Ll a 5. That the application is in proper form and will be heard by the authority on October 16, 1974. Passed and adopted at a regular meeting of the Liquor Licensing Authority held this 16th day of October, 1974. airman ATTEST: &�/- .- b City Clerk Attorney Tifiothy` fussier called Ms. Warren- t'epkea 04; 1612 ftst Prospect, Fort Collins, to the stand. Mr. Sopkowski was duly 'sworn by the Court recorder. Mr. Sopkowski stated he was the Manager at Johnny's Liquors and has been so employed since May, 1974; he also gave lengthy testimony of the reasons for the request for, expansion. Specifically the need for space for storing beer, display areas,and the need for a receiving area. The need for expansion at the cooler area and the beer quota problems, were also addressed: Attorney Hassler inquired of Mr. Sopkowski if he had recieved verbal warning from the Pire,Aepartment relative to She present storage facilities.. Mr. Sopkowski stated that he had been repeatedly told by the Fire Department to move the boxes from the stairways. The Authority admitted as evidence petitioners' exhibit "A", being a petition in support of the expansion containing approximately 463 signatures. Chairman Robotham requested that Mr. Sopkowski restated the present uses of the basement and what was planned. Mr. Robotham read at length the following report from the Building Inspection Office, a N City of Fort Collins LIQUOR LICENSING INVESTIGATION REPORT Note: This report is to be returned to the City Clerk by QQ%- 16 ,19-74—. Hearing date: October 16, 1974 Application for: expansion of jiremisp,; bg jnhnnyl, Liquors- III W- Prnspprt Streer Names Darrel T. Blake Addresses 720 Cherokee Drive, Fort Collins Type of License applied for: expansion of premises Retail Liqueur Store Is applicant's premises in compliance with all Building Inspection regulation? Yes No Other Comments: 74 �L Ls �� GG� G(: �-'`f.LCZt �c � E ��i �✓����Oc�-� C.vYt4 c l l/i G-t U/ 4u2K vJ G!/u c�. �(-C2a�r� utt ����✓G Date: / lG CCeI� ,19 7¢: Signed Building Inspection Department IM Attorney Hassler stated he was not aware of the report but could tell the Authority that if the proposed application for expansion is granted, they will certainly meet any of the requirements of the Building Department. Police Chief Smith stated the Department had no problems with this operation. Authority member Fentress made a motion, seconded by Elton Collins to approve the application for expansion for Johnny's Liquors, 111 West Prospect Street subject to their meeting the requirements of the Building Department. The Chairman put the motion which was adopted unanimously. Application to Transfer ownership of T J's at 142 Linden from Dominoe's Inc. to Joseph Borghi, approved Mr. Jospeh J. Borghi was present. City Clerk, Verna Lewis, stated there was a negative police report; however the application as submitted indicated Mr. Borghi lists his address as Wyoming. The State regulations state Mr. Borghi must be a Colorado resident. Mr. Borghi stated he does have a Colorado Driver's License, he has not been here long enough to register to vote, but he does have a contract to purchase a home in Fort Collins, he is currently residing at 1908 North College. It was the consensus of the Authority to allow Mr. Borghi to amend his application by deleting his Wyoming address and inserting his Colorado address. Mr. Borghi responded to inquiries regarding his knowledge of a 3.2% operation and his conversations with the Fort Collins Police Department. Authority member Collins made a motion seconded by Rosemarie Fentress to approve the transfer for T J's at 142 Linden from Dominoe's Inc. to Joseph Borghi. The Chairman put the motion which was adopted unanimously. Hearing Dates Established for an application for a Retail Liquor License by Foothills Discount Liquors, Inc. at intersection of South Mason Street and West Monroe Drive Chairman Robotham stated this item would be moved up on the agenda in order that the petitioners would not have to wait until the end of the meeting. Chairman Robotham stated the preliminary hearing would be on November 20, 1974 with the final hearing on December 18, 1974. -10- El a Renewal of a Retail Liquor License Application submitted by W. Ferrell and Patricia Ferrell dba Campus West Liquors, approved The City Clerk, Verna Lewis stated this was a routine renewal ap- plication and the Police Department report stated in part, "no violations for the above named establishment in the past year . . . can find no legal basis to recommend denial of this renewal application at the present time." Authority member Fentress made a motion seconded by James MacNair to approve the renewal application for a retail liquor store license submitted by W. Ferrell and Patricia Ferrell dba Campus West Liquors. The Chairman put the motion which was adopted unanimously. Renewal of a 3.2% Fermented Malt Beverage License by Speedy Foods Inc., 421 Cowan Street, approved The City Clerk, Verna Lewis stated this was a routine renewal ap- plication and the Police Department report stated in part, "no violations for the above named establishment in the past year . . , can find no legal basis to recommend denial of this renewal application at the present time." Authority member Collins made a motion seconded by Rosemarie Fentress to approve the renewal application for a 3.2% Fermented Malt Beverage License for Speedy Foods Inc., 421 Cowan Street. The Chairman put the motion which was adopted unanimously. Renewal of a 3.2% Fermented Malt Beverage License by Colorado State -University, -Durrell Center; approved The City Clerk, Verna Lewis stated this was a routine renewal ap- plication and the Police Department report stated in part, "no violations for the above named establishment in the past year . . . can find no legal basis to recommend denial of this renewal application at the present time." Authority member Fentress made a motion, seconded by James MacNair to approve the renewal application for a 3.2% Fermented Malt Beverage License for Colorado State University, Durrell Center. The Chairman put the motion which was adopted unanimously. Renewal application for a Retail Liquor Store for South College Liquors, 2724 South College Avenue, approved The City Clerk, Verna Lewis stated this was a routine renewal ap- -11- 4W a plication and the Police Department report stated in part, "no violations for the above named establishment in the past year . . . can find no legal basis to recommend denial of thisrenewal application at the present time." Authority member Collins made a motion, seconded by Rosemarie Fentress to approve the renewal application for a retail liquor store license for South College Liquors, 2724 South College Avenue. The Chairman put the motion which was adopted unanimously. Resolution setting forth findings regarding an expansion of premises submitted by Gustav Miklos, Marlin Glantz, and Harold Kuemmerlin dba Ace Liquors, 200 East Mountain Avenue,adopted Authority member Fentress made a motion, seconded by Elton Collins to adopt the resolution setting forth the findings from the final hearing regarding an application for expansion of premises submitted by Gustav Miklos, Marlin Glantz and Harold Kuemmerlin dba Ace Liquors. The Chair- man put the motion which was unanimously adopted. FINDINGS AND RESOLUTION OF THE LOCAL LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, COLORADO, CONCERNING AN APPLICATION FOR ENLARGEMENT OF PREMISES OF AN EXISTING LIQUOR LICENSEE The application of Gustav Miklos, Marlin Glantz and Harold Kuemmerlin for enlargement of the existing licensed premises came on for hearing on the 18th day of September, 1974, in the Council Chambers, City Hall, Fort Collins, Colorado, pursuant to notice duly given as required by law. The authority, having heard the evidence introduced at the hearing, and having examined the documents introduced and having heretofore held a preliminary hearing and issued findings in writing on said preliminary hearing, now makes the following findings: 1. The neighborhood to be served under this application is as defined in the preliminary findings of the Authority. 4 2. Nothing contained in C.R.S., 1963, Section 75-2-39 prohibits the issuing of a license at the proposed location. 3. The applicants are of good character and qualified under the Ordinances of the City of Fort Collins and the laws of the State of Colorado for enlargement of the premises of the existing liquor license. 4. The application is in proper form. 5. Petitions were presented and received at the hearing, indicating a need for the expansion of the of the subject license and no evidence was presented indicating that said need does not exist, and the local licensing authority hereby finds that the reasonable requirements of the neighbor- hood require the granting of the expansion of the license applied for. 6. The building in which the license is to be operated is now constructed; however, the plans and specifications of the applicant show that the applicant proposes to improve said premises to accommodate the proposed licensed premises and no license should issue until the construction is com- pleted in accordance with the plans and specifications submitted by the applicant and the requirements of the Building Inspector made in conformity with the Ordinances of the City of Fort Collins. 4* a RESOLUTION OF THE LOCAL LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, COLORADO, CONCERNING AN APPLICATION FOR ENLARGEMENT OF PREMISES OF AN EXISTING LIQUOR LICENSEE BE IT RESOLVED by the Local Liquor Licensing Authority of the City of Fort Collins, Colorado that the application of Gustav Miklos, Marlin Glantz and Harold Kuemmerlin for enlargement of the existing licensed premises be and the same hereby is granted in accordance with the findings of the Authority set forth above; and BE IT FURTHER RESOLVED that said license shall not issue until the construction of the licensed premises is completed in accordance with the plans and specifications submitted to the Authority and the requirements of the City Building Inspector, and the Authority has received a report from said Building Inspector that said improvements have been completed in accordance with said plans and specifica- tions and the requirements of the Building Inspector. Passed and adopted this _r� day of ��._�f A.D. 1974. Chairman ATTEST: � 1 City Clerk 48 49 Resolution setting forth findings regarding an application for a 3.2% Fermented Malt Beverage License submitted by Thrifty Foods, 1100 West Mountain Avenue, adopted; Authority member MacNair made a motion, seconded by Rosemarie Fentress to adopt the resolution setting forth the findings from the hearing regarding an application for a 3.2% Fermented Malt Beverage License submitted by Thrifty Foods. The Chairman put the motion which was unanimously adopted. RESOLUTION OF THE LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS CONCERNING AN APPLICATION FOR A CLASS B LICENSE TO SELL NON -INTOXICATING MALT LIQUOR AND SETTING FORTH THE FINDINGS OF THE LIQUOR LICENSING AUTHORITY ON SAID APPLICATION The application of Thrifty Foods, Inc. for a Class B License for the sale of non -intoxicating malt liquor came on for hearing on September 18, 1974, before the Liquor Licensing Authority of the City of Fort Collins, and the Liquor Licensing Authority having heard the testimony and received the evidence produced at said hearing and having considered and weighed the same and being familiar with the neighborhood for which the license is sought, now makes the following findings: 1. The license sought by the applicant is for a loca- tion at 1100 West Mountain Avenue, Fort Collins, Colorado, said site being occupied as a grocery store, the license being sought in connection with such business. 2. The testimony and petitions presented by the appli- cant at the hearing were to the effect that the inhabitants of the neighborhood desire that the license be granted and the needs of the neighborhood require the granting of this license. No substantial testimony or petitions were pre- sented contrary to this postition of the applicant. -15- Ei a It is therefore the opinion and finding of the Liquor Licensing Authority that: A. The inhabitants of the neighborhood desire that the license be granted. B. The needs of the neighborhood require the granting of the license. NOW, THEREFORE, be it resolved by the Liquor Licensing Authority of the City of Fort Collins that the application of Thrifty Foods, Inc. for a Class B License for the sale of non -intoxicating malt liquor at 1100 West Mountain Avenue, Fort Collins, Colorado be and the same is hereby granted. Passed and adopted at a regular meeting of the Liquor Licensing Authority of the City of Fort Collins, Colorado, held this 16th day of October A.D., 1974. airman ATTEST: A'SA_P L.L_z =fit 4/IA City Clerk Re"lution setting forth findings regarding an application for a 3.2% Fermented Malt Beverage License submitted by Donald R. & Carolyn J. Redmond dba Fat Man's Pizza Pub 2900 Harvard adopted Authority member Fentress made a motion, seconded by Elton Collins to adopt the resolution setting forth the findings from the hearing regarding an application for a 3.2% Fermented Malt Beverage License submitted by Donald R. and Carolyn J. Redmond, dba Fat Man's Pizza Pub, 2900 Harvard. The Chairman put the motion which was unanimously adopted. -16- 40 of RESOLUTION OF THE LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS CONCERNING AN APPLICATION FOR A CLASS A LICENSE TO SELL NON -INTOXICATING MALT LIQUOR AND SETTING FORTH THE FINDINGS OF THE LIQUOR LICENSING AUTHORITY ON SAID APPLICATION The application of Donald R. Redmond and Carolyn J. Redmond, d/b/a Fat Man's Pizza Pub for a Class A License for the sale of non -intoxicating malt liquor came on for hearing on September 18, 1974, before the Liquor Licensing Authority of the City of Fort Collins, and the Liquor Licensing Authority having heard the testimony and received the evidence produced at said hearing and having considered and weighed the same and being familiar with the neighborhood for which the license is sought, now makes the following findings: 1. The license sought by the applicant is for a loca- tion at 2900 Harvard Street, Fort Collins, Colorado, said site being occupied as a pizza parlor, the license being sought in connection with such business. 2. The testimony and petitions presented by the appli- cant at the hearing were to the effect that the inhabitants of the neighborhood desire that the license be granted and the needs of the neighborhood require the granting of this license. No substantial testimony or petitions were pre- sented contrary to this position of the applicant. a 3. The building in which the license is to be operated is now constructed; however, the plans and specifications of the applicant show that the applicant proposes to improve said premises to accomodate the proposed licensed premises and no license should issue until the construction is com- pleted in accordance with the plans and specifications submitted by the applicant and the requirements of the Building Inspector made in conformity with the Ordinances of the City of Fort Collins. It is therefore the opinion and finding of the Liquor Licensing Authority that: A. The inhabitants of the neighborhood desire that the license be granted. B. The needs of the neighborhood require the granting of the license. NOW, THEREFORE, be it resolved by the Liquor Licensing Authority of the City of Fort Collins that the application of Donald R. Redmond and Carolyn J. Redmond, d/b/a Fat Man's Pizza Pub for a Class A License for the sale of non -intoxicating malt liquor at 2900 Harvard Street, Fort Collins, Colorado be and the same is hereby granted. BE IT FURTHER RESOLVED that said license shall not issue until the construction of the licensed premises is completed in accordance with the plans and specifications -18- of submitted to the Authority and the requirements of the City Building Inspector, and the Authority has received a report from said Building Inspector that said improvements have been completed in accordance with said plans and specifica- tions and the requirements of the Building Inspector. Passed and adopted at a regular meeting of the Liquor Licensing Authority of the City of Fort Collins, Colorado, held this 16th day of October A.D., 1974. --,-/ Chairman ATTEST: City Clerk Resolution setting forth findings regarding an application for a 3.2% Fermented Malt Beverage License submitted by National Convenience Stores Inc., dba Shop n Go Market, 802 South College Avenue, adopted Authority member MacNair made a motion, seconded by Rosemarie Fentress to adopt the resolution setting forth the findings from the hearing regarding an application for a 3.2% Fermented Malt Beverage License submitted by National Convenience Stores, Inc., dba Shop n Go Market, 802 South College Avenue. The Chairman put the motion with the following vote: Yeas: Fentress, Mac Nair and Robotham; Nays: Collins. -19- RESOLUTION. OF THE LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS CONCERNING AN APPLICATION FOR A CLASS B LICENSE TO SELL NON -INTOXICATING MALT LIQUOR AND SETTING FORTH THE FINDINGS OF THE LIQUOR LICENSING AUTHORITY ON SAID APPLICATION The application of National Convenience Stores, Incor- porated, d/b/a Shop n Go Markets for a Class B License for the sale of non -intoxicating malt liquor came on for hearing on September 18, 1974, before the Liquor Licensing Authority of the City of Fort Collins, and the Liquor Licensing Authority having heard the testimony and received the evidence produced at said hearing and having considered and weighed the same and being familiar with the neighborhood for which the license is sought, now makes the following findings: 1. The license sought by the applicant is for a loca- tion at 802 South College, Fort Collins, Colorado, said site being occupied as a convenience food store, the license being sought.in connection with such business. 2. The testimony and petitions presented by the appli- cant at the hearing were to the effect that the inhabitants of the neighborhood desire that the license be granted and said testimony.indicated that approximately 15% of the inhabitants of the neighborhood approached for signing of petitions refused to sign petitions supporting the application. -20- . N N Testimony and petitions presented by protestants to the issuance of the license were to the effect that the inhabitants of the neighborhood desire that the license not be granted and that the needs of the neighborhood are being met by existing licensed outlets. 3. There is one licensed outlet within the neighborhood for which the license is sought, said license being a Class B license. In addition, there are existing Class B licensed outlets in the area adjacent to the neighborhood on both the north and south limits of the neighborhood and there is an existing Class A licensed outlet in the area adjacent to the neighborhood on the west. 4. The needs of the neighborhood are being currently met by existing licensed outlets within the neighborhood and in the area adjacent thereto. It is therefore the opinion and finding of the Liquor Licensing Authority that: A. There was no adequate showing that the inhabitants of the neighborhood desire that the license be granted. B. The needs of the neighborhood do not require the granting of the license, such needs currently being met by existing outlets in and close to the neighborhood for which the license is sought. NOW, THEREFORE, be it resolved by the Liquor Licensing Authority of the City of Fort Collins that the application of National Convenience Stores, Incorporated, d/b/a Shop n Go Markets for a Class B License for the sale of non-intoxicat- -21- M ing malt liquor at 802 South College, Fort Collins, Colorado be and the same is hereby denied. Passed and adopted at a regular meeting of the Liquor Licensing Authority of the City of Fort Collins, Colorado, held this 16th day of October A.D., 1974. Chairman ' ATTEST: Resolution setting forth findings regarding an application for a 3.2% Fermented Malt Beverage License submitted by National Convenience Stores Inc., dba Shop n Go Market, 1330 West Elizabeth Street, adopted Authority member MacNair made a motion, seconded by Rosemarie Fentress to adopt the resolution setting forth the findings from the hearing regarding an application for a 3.2% Fermented Malt Beverage License submitted by National Convenience Stores, Inc., dba Shop n Go Market, 1330 West Elizabeth Street. The Chairman put the motion which was adopted unanimously. RESOLUTION OF THE LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS CONCERNING AN APPLICATION FOR A CLASS B LICENSE TO SELL NON -INTOXICATING MALT LIQUOR AND SETTING FORTH THE FINDINGS OF THE LIQUOR LICENSING AUTHORITY ON SAID APPLICATION The application of National Convenience Stores, Incorporated, d/b/a Shop n Go Markets for a Class B License for the sale of non -intoxicating malt liquor came on for hearing on September 18, 1974, before the Liquor Licensing Authority of -22- the City of Fort Collins, and the Liquor Licensing Authority having heard the testimony and received the evidence produced at said hearing and having considered and weighed the same and being familiar with the neighborhood for which the license is sought, now makes the following findings: 1. The license sought by the applicant is for a loca- tion at 1330 West Elizabeth, Fort Collins, Colorado, said site being occupied as a convenience food store, the license being sought,in connection with such business. 2. The testimony and petitions presented by the appli- cant at the hearing were to the effect that the inhabitants of the neighborhood desire that the license be granted. No substantial testimony or petitions were presented contrary to this postition of the applicant. However, the testimony presented by the applicant was to the effect that approximately 20% of the inhabitants of the neighborhood who were approached to sign petitions refused to sign same. 3. There are five 3.2 licenses in the neighborhood for which the license is sought, including three Class A licenses, one Class B license, and one Class C license. Additionally, just outside the boundaries of the neighborhood for which the license is sought there are two 3.2 licenses, one of which is a Class C license and the other being a Class A license. 4. The needs of the neighborhood are being adequately met by existing outlets, both within the neighborhood and close to the neighborhood. -23- to ft It is therefore the opinion and finding of the Liquor Licensing Authority that: A. The majority of the inhabitants of the neighbor- hood desire that the license be granted, but a substantial minority does not desire the granting of the license. B. The needs of the neighborhood do not require the granting of the license. C. The needs of the neighborhood are presently being met by existing licensed outlets. NOW, THEREFORE, be it resolved by the Liquor Licensing Authority of the City of Fort Collins that the application of National Convenience Stores, Incorporated, d/b/a Shop n Go Markets for a Class B License for the sale of non -intoxicating malt liquor at 1330 West Elizabeth, Fort Collins, Colorado be and the same is hereby denied. Passed and adopted at a regular meeting of the Liquor Licensing Authority of the City of Fort Collins, Colorado, held this 16th day of October A.D., 1974. o/ �w Chaff an ATTEST: City Clerk -24- Hearing dates established for an application for a Retail Liquor Store License submitted by Harold L. Chavez dba H $ M Liquors, 315 Riverside Drive Authority member Fentress made a motion to establish the hearing dates as November 20, 1974 the preliminary hearing and December 18, 1974 the final hearing, seconded by Elton Collins. The Chairman put the motion which was unanimously adopted. Other Business Chairman Robotham stated he would like to entertain discussion regarding fees charged by the City. Further that he felt the fees were inadequate, specifically in renewal as the City must refund to the State a large portion of the license fee. He also inquired into the fee structure. It was the consensus of the Board that the fee structure was an appropriate thing to review. City Clerk, Verna Lewis recommended that before the Authority make a recommendation to the Council the Administration make a report to the Authority of the present fees. Board member Collins made a motion seconded by James MacNair to review the fee structure. The Chairman put the motion which was unanimously adopted. Adjournment Authority member Fentress made a motion seconded by Elton Collins to adjourn. The Chairman put the motion which was unanimously adopted. ATTEST: City Clerkt 0�0 4� Chairm n -25-