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HomeMy WebLinkAboutR04-121 The Flying Burrito Hotel & Restaurant Liquor License • • Commissioner ' moved adoption of the following ' esolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO, SITTING AS THE EAGLE COUNTY LOCAL LIQUOR LICENSING AUTHORITY RESOLUTION NO. 2004 - APPROVAL OF THE HOTEL AND RESTAURANT LIQUOR LICENSE APPLICATION FOR K.K. SIMON ENTERPRISES, INC. D/B /A THE FLYING BURRITO WHEREAS, 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 K.K. Simon Enterprises, Inc. d/b /a the Flying Burrito (hereinafter "Applicant ") for approval of a Hotel and Restaurant Liquor license for the premises at 175 Main Street, C -101, Edwards, Colorado. WHEREAS, hearing on the Application was held on November 16, 2004 at 11 :00 a.m. and notice of said hearing was given by publication in the Eagle Valley Enterprise and Vail Daily on November 4, 2004 and November 11, 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 November 16, 2004, the Board considered the proposed Application; the facts, evidence, and presentation from staff and the Applicant; public comment; and other submitted materials. WHEREAS, the Board considered the reasonable requirements of the designated neighborhood for a Hotel and Restaurant Liquor license; the needs and desires of the adult inhabitants of the designated neighborhood for this type of license; the number, type, and availability of alcohol beverage outlets located in the desiated neighborhood; and other matter the Board considered pertinent. BASED ON THE EVIDENCE BEFORE IT, THE BOARD FINDS AS FOLLOWS: 1. The neighborhood is hereby established and designated as an area within a two 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. 1 • • 3. This application is in order, all application requirements have been met, and all fees have been paid. 4. The applicant is 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. 11. 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 a not adequately being met by existing similar licences in the designated neighborhood. 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 Hotel and Restaurant Liquor License Application for K.K. Simon Enterprises, Inc. d/b /a the Flying Burrito be and is hereby APPROVED. 2 • • 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 7th day of December, 2004. COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS, _ar. . 'NI ' C 0 '. sitting as the EAGLE COUNTY LOCAL LIQUOR ° ; "° , ICENSING AUTHORITY . Teak J. Simonton Tom C. Stone Clerk to the Board of Chairm. County Commissioners If / Mic - L. Gallagher f �.- C _ er �� 1 •� . Menconi Commissioner Commissioner /i seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Tom C. Stone Commissioner Michael L. Gallagher A Commissioner Arn M. Menconi ('' This Resolution passed by 1 vote of the Board of County Commissioners of the County of Eagle, State of Colorado, sitting as the Eagle County Local Liquor Licensing Authority. 3 ■