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HomeMy WebLinkAboutR11-142 BC II, INc. d/b/a The Metropolitan Liquor License Commissioner 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 No. 2011- / ' APPROVAL OF THE HOTEL AND RESTAURANT LIQUOR LICENSE APPLICATION FOR BC II, INC. d/b /a THE METROPOLITAN 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 BC II, Inc. d/b /a The Metropolitan, (hereinafter "Applicant "), for approval of a Hotel and Restaurant Liquor License for the premises at 210 Offerson Road, Unit C -201, Beaver Creek, CO. WHEREAS, hearing on the Application was held on November 15, 2011 and notice of said hearing was given by publication in the Eagle Valley Enterprise on November 3, 2011 and November 10, 2011 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 15, 2011, the Board considered the proposed Application; the facts, evidence, and presentation from staff and the Applicant; any 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 designated 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 a two -mile radius including but not limited to, the major subdivisions of Beaver Creek, Bachelor Gulch, Eagle -Vail, and Avon. 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 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 are not adequately being met by existing similar licenses 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 BC II, Inc. d/b /a The Metropolitan 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 6th day of December 2011. COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its BOARD OF COUNTY COMMISSIONERS, sitting as the EAGLE CO TY LOCAL LIQUOR AUTHOR TY By: II Joust .*vney, Cha n 1 6" ' Peter F. Runyon, Commissioner I -- By: -.4IO'I 1 a II a, . _ Sara J. Fisher, Co 'ssioner ATTEST: o`' r d • 111P It _�1 By: A . ...• -t! Teak J. Simonton, Cl- r to the C otpR!► 4° Board of County Commissioners in Commissioner k,+VL�►1 seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Fisher __ " Commissioner Stavney Commissioner Runyon This Resolution passed by / C vote of the Board of County Commissioners of the County of Eagle, State of Colorado, sitting as the Eagle County Local Liquor Licensing Authority.