File #: LA Resolution 03-2021    Name:
Type: LC Resolution Status: Passed
File created: 7/2/2021 In control: Licensing Commission
On agenda: 7/14/2021 Final action: 7/14/2021
Title: LA Resolution 03-2021: Approving a liquor license application for The Lazy Greyhound, LLC., d/b/a The Lazy Greyhound, 2570 West Main Street, Suite 100, Littleton, Colorado
Sponsors: Licensing Commission
Attachments: 1. 1. LA Resolution No. 03-2021, 2. 2. Application, 3. 3. LPD Memo, 4. 4. Proof of Posting of Premises, 5. 5. Proof of Publication, 6. 6. Boundary Map and Signed Waiver, 7. 7. Petitions

Agenda Date: 07/14/2021

 

Subject:

Title

LA Resolution 03-2021: Approving a liquor license application for The Lazy Greyhound, LLC., d/b/a The Lazy Greyhound, 2570 West Main Street, Suite 100, Littleton, Colorado

Body

 

Presented By:

Colleen L. Norton, City Clerk

 

ISSUE

Whether to issue a Tavern liquor license to The Lazy Greyhound, LLC., d/b/a The Lazy Greyhound, 2570 W. Main St., Littleton, Colorado.

 

LEGAL REQUIREMENTS

 

The following requirements are necessary for issuance of the license:

 

1.                     Notice (C.R.S. § 44-3-311)

                     

                     The posting and publication requirements of the Colorado Liquor Code have been met as                      follows:

                     

Publication:

Notice of hearing was published in the local newspaper on June 24, 2021

Posting:

Notice of hearing was posted on the premises on July 2, 2021 (see attached affidavits)

                     

2.                     Possession of the premises (C.R.S. § 44-3-301(3)(b))

 

The applicant has submitted a copy of a lease dated March 19, 2021

 

3.                     Suitability of the premises (C.R.S. § 44-3-309(3))

 

                     The applicant has submitted a floor plan (see attached floor plan)

 

4.                     Whether existing similar liquor licenses in the designated neighborhood are inadequate to                      meet the needs and desires of the neighborhood (C.R.S. § 44-3-312(2)(a))

 

When considering this requirement, the Authority should refer to C.R.S. § 44-3-312(2)(a) which states:

 

                     C.R.S. 44-3-312 Results of investigation-decision of authorities. (2)(a) Before entering any                      decision approving or denying the application, the local licensing authority shall consider,                      except where this article specifically provides otherwise, the facts and evidence adduced as a                      result of its investigation, as well as any other facts, the reasonable requirements of the                      neighborhood for the type of license for which application has been made, the desires of the                      adult inhabitants, the number, type, and availability of alcohol beverage outlets located in or                      near the neighborhood under consideration, and any other pertinent matters affecting the                      qualifications of the applicant for the conduct of the type of business proposed; except that                      the reasonable requirements of the neighborhood shall not be considered in the issuance of a                      club liquor license.

                     

5.                     Character, Record and Reputation (C.R.S. § 44-3-307)

 

When considering this requirement, the Authority should refer to C.R.S. § 44-3-307, which states:

 

                     C.R.S. 44-3-307 Persons prohibited as licensees. (1)(a) No license provided by this article                      or Article 4 or 5 of this title shall be issued to or held by:

 

I.

Any person until the annual fee therefor has been paid;

II.

Any person who is not of good moral character;

III.

Any corporation, any of whose officers, directors, or stockholders holding ten percent or more of the outstanding and issued capital stock thereof are not of good moral character;

IV

Any partnership, association, or company, any of whose officers, or any of whose members holding ten percent or more interest therein, are not of good moral character;

V.

Any person employing, assisted by, or financed in whole or in part by any other person who is not of good character and reputation satisfactory to the respective licensing authorities;

VI.

Any person unless such person’s character, record, and reputation are satisfactory to the respective licensing Authority;

VII.

Any natural person under twenty-one years of age.

Factors to Consider related to “Good Moral Character” above as laid out in C.R.S. 24-5-101(2):

(a) ) Whenever any state or local agency is required to make a finding that an applicant for a license, certification, permit, or registration is a person of good moral character as a condition to the issuance thereof, or evaluate the impact of an applicant's criminal record, the fact that such applicant has, at some time prior thereto, been convicted of a felony or other offense involving moral turpitude, and pertinent circumstances connected with such conviction, shall be given consideration in determining whether, in fact, the applicant is qualified. The intent of this section is to expand employment opportunities for persons who, notwithstanding that fact of conviction of an offense, have been rehabilitated and are ready to accept the responsibilities of a law-abiding and productive member of society.

(b) In evaluating an applicant, an agency shall comply with subsection (4) of this section and shall not use the determination of the following information as a basis for denial or taking adverse action against any applicant otherwise qualified:

(I)

The applicant has been arrested for or charged with but not convicted of a criminal offense and the criminal case is not actively pending; except that, an agency may consider the conduct underlying the arrest;

(II)

The applicant has been convicted of a criminal offense but pardoned;

(III)

The applicant has been convicted of a criminal offense but the records of the conviction have been sealed or expunged; or

(IV)

A court has issued an order of collateral relief specific to the credential sought by the applicant.

 

PROPOSED MOTION:

Proposed Motion

I move that a resolution of the Littleton Licensing Authority be approved which grants The Lazy Greyhound LLC, d/b/a The Lazy Greyhound, 2570 West Main Street, Suite 100,  Littleton, Colorado, a Tavern liquor license contingent upon approval by the Colorado Liquor Enforcement Division and based upon the following findings of fact: (1) that notice of the hearing was properly posted and published; (2) that the applicant has possession of the premises and the premises are suitable for the requested license; (3) that the needs of the neighborhood are not now being met; (4) that it is the desire of the adult inhabitants of the neighborhood that the license be issued; (5) that existing similar liquor licenses in the designated neighborhood are not adequate; and (6) that the applicant is of good moral character, record and reputation.

 

OR

 

I move that the application for a Tavern liquor license for The Lazy Greyhound LLC, d/b/a The Lazy Greyhound, 2570 West Main Street, Suite 100,  Littleton, Colorado, be denied based on the following findings of fact:

 

That the applicant is not a person of good moral character, record, and reputation in accordance with C.R.S. § 44-3-307.

 

AND/OR

 

That the needs of the neighborhood are now being met.

 

AND/OR

 

That it is the desire of the adult inhabitants of the neighborhood that the license not be issued.