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HomeMy WebLinkAboutR86-071 denial of retail license for Del Rio - Soggy DollarCommissioner Gustafson moved adoption of the following Resolution: LOCAL LIQUOR LICENSING AUTHORITY COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 86 -� DENIAL OF RETAIL FERMENTED MALT BEVERAGE (3.2 % BEER) LICENSE APPLICATION SUBMITTED BY DEL RIO INCORPORATED, D /B /A/ SOGGY DOLLAR The Board of County Commissioners of the County of Eagle, State of Colorado sitting as the Local Liquor Licensing Authority (hereinafter the "Authority "), conducted hearings on June 16, 1986 and July 28, 1986, to consider the application of Del/Rio Incorporated, d /b /a/ Soggy Dollar (hereinafter the "Applicant "), for a Retail Fermented Malt Beverage (3.2% Beer) License. Prior to the taking of any other evidence, the Authority defined the neighborhood as the Colorado River Valley from the County line to the State Bridge. Susan Vaughn, Director of the Eagle County Depart- of Community Community _Development, _ after having _ been duly sworn, - introduced a 1975 Eagle County zoning map into evidence. -Ms. Vaughn testified that the present composition of Rancho del Rio constitutes a preexisting nonconforming use and, pursuant to County regulations, a second business would be allowable only if the applicant applied for and obtained a re- zoning. The Authority, having considered the evidence submitted into the record and having heard the testimony and arguments of the Applicant, found that no Fermented Malt Beverage (3.2% beer) License could be issued under the current zoning for the Applicant's proposed place of business. The Authority therefore tabled the matter to July 28, 1986, to allow the Applicant to initiate the re- zoning process. Applicant did not appear at the July 28, 1986 hearing. The Acting County Attorney informed the Authority that Applicant had contacted the Department of Community Development and made a decision not to apply for re- zoning of the subject property. t j NOW, THEREFORE, based on the evidence of improper zoning for Applicant's proposed use of the subject establish- ment, BE IT RESOLVED BY THE LOCAL LIQUOR LICENSING AUTHOR- ITY OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Application of Del Rio Incorporated, d /b /a/ Soggy Dollar, for the Colorado Fermented Malt Beverage (3.2o Beer) License is denied. MOVED, READ AND ADOPTED by the Board of County Commis- sioners of the County of Eagle, State of Colorado, sitting as the Local Liquor License Authority at its regular meeting held the 28th day of July, 1986. By. � Jerk of f the the Board c County Commissioner: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, SITTING AS THE LOCAL LIQUOR LICENSEING AUTHORITY -2- r Commissioner Loughran seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Donald H. Welch Aye Commissioner Richard L. Gustafson Aye Commissioner John F. Loughran Aye This Resolution passed by unanimous vote of the Board of County Commissioners of the County of Eagle, State of Colora- do. -3-