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Home My WebLink AboutR04-089 Drink! Inc Retail Liquor Store License Appm~~i ~ ~ 888166 s ~~ ~ f 08918/2 4:56F ~I '~ Teak J Simonton Eagle CO 3'0 R 0.@0 D 0.00 i I~ Commissioner,~L..~=~ ~~ c' Z ~` moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO, SITTING AS THE EAGLE COUNTY LOCAL LIQUOR LICENSING AUTHORITY RESOLUTION N0.2004 -~,~_ APPROVAL OF THE RETAIL LIQUOR STORE LICENSE APPLICATION FOR DRINK! INC. D/B/A DRINK! WHEREAS, on or about June 16, 2004, the Board of County Commissioners, County of Eagle, State of Colorado, sitting as the Local Liquor License Authority ("hereinafter "Board"), accepted for filing an application submitted by Drink! Inc. d/b/a Drink! (hereinafter "Applicant") for approval of a Retail Liquor Store license for the premises at 56 Edwards Village Boulevard, Suite 103, Edwards, Colorado. WHEREAS, hearing on the Application was set for July 19, 2004 at 8:00 a.m. and notice of said hearing was given by publication in the Eagle Valley Enterprise on July 1, 2004 and July 8, 2004 and by posting on the premises a sign in a conspicuous place not less than 10 days prior to said hearing. WHEREAS, the hearing of July 19, 2004 was called to order and tabled until August 2, 2004 at 1:00 p.m. Notice of the continuance was posted at the entrance to the Eagle County Room. WHEREAS, notice of said contiriuation was given by publication in the Eagle Valley Enterprise on July 22, 2004 and in the Vail Daily on July 22, 2004 and July 23, 2004 and by posting on the premises a sign in a conspicuous place not less than 10 days prior to said hearing. WHEREAS, at its hearing of August 2, 2004, the Board considered the proposed Application; the facts, evidence, and presentation from staff, the Applicant, and other interested parties who were permitted to submit evidence and cross-examine witnesses; public comment; petitions; letters and various other submitted materials. WHEREAS, the Board considered the reasonable requirements of the designated neighborhood for a Retar. r Liquor Store license; the needs and desires of the adult inhabit:~.nts of the designated neighbori~t~od for this type of license; the number, type, and availability oY alcohol beverage outlets located i~~ the designated neighborhood; and other matter the Board considered pertinent. n r~ i.7 1 G~ I 2 of 4 08;18!2004 04:56P Teak J Simonton Eagle CO 37C R 0.00 D 0.00 BASED ON THE EVIDENCE BEFORE IT, THE BOARD FINDS AS FOLLOWS: i. The neighborhood is hereby established and designated as an area within a five mile radius of the premises. 2. Proper notice by publication and posting has been given to notify the public of the type of license applied for, the date and time of the hearing, and other statutorily required information. 3. This application is in order, all application requirements have been met, and all fees have been paid. 4. The Applicant and Chris Irving, the Applicant's sole shareholder and officer, are of good moral character. 5. The premises are not w/in 500 feet of a location for which, within 2 years preceding the application, a license of the same class was denied for the reason that the reasonable requirements of the neighborhood and the desires of the adult inhabitants were satisfied by existing outlets. 6. The premises are not for the sale of fermented malt beverages at retail where, within one year preceding the date of the application, a license has been denied at the same location for the reason that the reasonable requirements of the neighborhood and the desires of the adult inhabitants were satisfied by existing outlets. 7. The premises are not within 500 feet of any public or parochial school or the campus of any college, university, or seminary. 8. The Applicant is entitled to possession of the premises for which application has been made and the premises are suitable for the requested license. 9. The proposed use on the premises is not precluded by application zoning laws. 10. Based on the evidence presented, there is a need and reasonable requirement of the type of license applied for in the designated neighborhood. i i. Based on the evidence presented, there is a desire for the type of license applied for in the designated neighborhood. 12. Based on the evidence presented, the needs and desires of the adult inhabitants of the neighborhood are not adequately being met by existing similar licenses in the designated neighborhood. 2 ~~ II II~IIIiI III ~Il ll~,ll~~lll x;,6166 13. Issuance of this license will not cause an undue concentration of the same class of liquor license resulting in the use of additional law enforcement resources. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO, SITTING AS THE LOCAL LIQUOR LICENSING AUTHORITY: THAT, the Retail Liquor Store License Application for Drink, Inc. d/b/a Drink! be and is hereby APPROVED. THAT, such license to be issued upon a final inspection of the premises by the Eagle County Clerk and Recorder's Office to determine that the Applicant has complied with the site information provided at the hearing and the Colorado Liquor Code. THAT, this Resolution is necessary for the health, safety and welfare of the inhabitants of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners, sitting as the Eagle County Local Liquor Licensing Authority, at its regular meeting held the 17th day of August, 2004. COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS, sitting as the EAGLE COUNTY LOCAL LIQUOR ~$,~`c~.~ ~'c;_LICENSING AUTHORITY A~ ~~ ~ r"~ V Yy/j-.y 9,r„% By. Teak J. Simont n - ~ Tom . St ne Clerk to the Board of Chairman n County Commissioners ~n -- n / /' ) Menconi Commissioner 3