HomeMy WebLinkAbout780280.tiff 1
BEFORE THE WELD COUNTY COMMISSIONERS
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GREELEY, COLORADO
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Docket No . 78-60L
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DENVER PIZZA, INC . , )
6 d/b/a PIZZA HUT )
2525 - 8th Avenue )
7 Greeley, Colorado 80631 )
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8 Applicant . )
) REPORTER'S TRANSCRIPT
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HEARING BEFORE THE WELD COUNTY )
10 COMMISSIONERS TO CONSIDER A )
REQUEST OF A 3 . 2% BEER LICENSE )
11 FOR THE SALE OF FERMENTED MALT )
BEVERAGES CONTAINING NOT MORE )
12 THAN 3 . 2% ALCOHOL BY WEIGHT )
FOR CONSUMPTION ON THE PREMISES)
13 ONLY. )
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The within hearing was taken before the Board of
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County Commissioners at the Weld County Centennial Center,
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915 - 10th Street, Greeley, Colorado 80631, on September 27 ,
18 1978 at 2 p.m. , before Mabel Broyles , Certified Shorthand
19 Reporter and Notary Public within Colorado.
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22 APPEARANCES
23 JOHN W. KINKADE, ESQ. , from the law firm of Shelton
24 & Kinkade, 1011 - 11th Avenue, Greeley, Colorado 80631
25 On behalf of the Applicant .
MABEL BROYLES
CERTIFIED SHORTHAND REPORTER
004._0 258 South 12th — Brighton, Colorado 1 @ ,,A)80
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THOMAS 0. DAVID, Attorney at Law, County Attorney,
Weld County, State of Colorado .
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WELD COUNTY COMMISSIONERS :
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Ed Dunbar, Chairman
6 Norman Carlson
Leonard Roe
7 June Steinmark
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MABEL BROYLES
CERTIFIED SHORTHAND REPORTER
258 South 12th — Brighton, Colorado
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1 CHAIRMAN DUNBAR: Now 2 : 00 on September 27 , 1978
2 and we will call this meeting to order . Call the roll,
3 please.
4 CLERK OF THE COMMISSIONERS : Norman Carlson.
5 COMMISSIONER CARLSON: Here .
6 CLERK OF THE COMMISSIONERS : Victor Jacobucci .
7 Leonard Roe.
8 COMMISSIONER ROE : Here.
9 CLERK OF THE COMMISSIONERS : June Steinmark.
10 COMMISSIONER STEINMARK: Here .
11 CLERK OF THE COMMISSIONERS : Chairman Ed Dunbar .
12 CHAIRMAN DUNBAR: Here. Let the record show a
13 quorum present . This is Docket No . 78-60L from the Denver
14 Pizza, Incorporated, d/b/a Pizza Hut, 2525 - 8th Avenue,
15 Greeley, Colorado, requesting a 3 . 2 beer license for the sale
16 of fermented malt beverages ; would you make a record, Tom.
17 MR. DAVID: Yes . This is Docket No . 78-60L . This
18 is an application for a 3 . 27 fermented malt liquor license
19 for consumption on the premises only . The Applicant is
20 Denver Pizza, Incorporated. The trade name is Pizza Hut , to
21 be located at 2525 - 8th Avenue, Greeley. The notice as
22 published reads as follows : Pursuant to the liquor laws of
23 the State of Colorado, the licensing officials of Weld
24 County, Colorado, have received an application dated
25 August 8 , 1978 from Denver Pizza, Inc . , d/b/a Pizza Hut,
MABEL BROYLES
CERTIFIED SHORTHAND REPORTER
258 South 12th — Brighton. Colorado
RSq_Inn
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1 2525 - 8th Avenue, Greeley, Weld County, Colorado, requesting
2 a 3 . 2% beer license for the sale of fermented malt beverages
3 containing not more than 3 . 2% alcohol by weight for
4 consumption on the premises only: said premises being more
5 particularly described as follows : Lots 6 and 7 , Block 11,
6 First Addition, Arlington Park, Weld County, Colorado, the
7 Board of County Commissioners of Weld County, Colorado, has
8 declared that the neighborhood to be served will be as
9 follows : an area bounded on the east by 1st Avenue extended;
10 on the south by 28th Street extended; on the west by 17th
11 Avenue extended; and on the north by 20th Street extended,
12 the hearing on said license will be held in the first floor
13 meeting room, Weld County Centennial Center , 1915 - 10th
14 Street, Greeley, Colorado , on Wednesday, September 27 , 1978
15 at 2 p .m. Dated at Greeley, Colorado this 28th day of
16 August , 1978 . " And signed by the Board of County
17 Commissioners , Weld County, Colorado, by the Clerk and
18 Recorder and Clerk to the Board, Rita Jo Kummer, Deputy .
19 This was published August 31, 1978 and September 14, 1978
20 in the Johnstown Breeze and it was published in the Greeley
21 Tribune during the week of September 17 , 1978 . We have
22 reviewed the file and find it to be totally in order .
23 CHAIRMAN DUNBAR: Thank you. Any questions of
24 Tom? Would the Applicant like to make a statement?
25 MR. KINKADE : Commissioners , I am John Kinkade of
MABEL BROYLES
CERTIFIED SHORTHAND REPORTER
258 South 12th — Brighton, Colorado
1 S 9_11311
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1 the firm of Shelton and Kinkade, and I am the attorney for
2 the Applicant . We have an interesting situation that ' s one
3 that I have not run into . We have an applicant who already
4 holds a 3 . 2 license and wishes to relocate approximately a
5 block away, but in doing so, leaves one form of government ,
6 a municipality as the city of Greeley, and moves into the
7 county. And the reason the Applicant is moving is because
8 of inadequate and outdated facilities where they now are
g and they would be moving to a new building , which would be
10 built in the future . We do have people here today to testify
11 on behalf of the application, and I will try to keep the
12 testimony as brief as possible, in that I do know that you
18 have busy schedules and we will reserve some of the testimony
14 with your permission for rebuttal , if necessary. But I
15 would like to nut on three witnesses in order that we may
16 have a record for the hearing . And we would first of all--
17 unless thete are any questions right now, we would first of
18 all call Mr. Max Scott to testify .
19 CHAIRMAN DUNBAR: Yes , I think you could sit right
20 un here.
21 MAX J. SCOTT,
22 was examined and testified as follows :
23 EXAMINATION
24 BY MR. KINKADE :
25 Q Would you state your name, please .
MABEL BROYLES
CERTIFIED SHORTHAND REPORTER
258 South 12th — Brighton, Colorado
Rso_ilan
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1 A My name is Max J . Scott.
2 Q And where do you reside?
3 A I am not sure--2121 Canyon, I am in the process
4 of moving .
5 Q And--
6 A That is in Boulder, I am sorry.
7 Q And what is your occupation?
8 A I am owner and operator of Oedipus , Incorporated,
9 which is a paralegal research firm located at 1200 Broadway
10 or excuse me, 1200 Pearl in the Broadway Building in Boulder,
11 Colorado .
12 Q And were you contacted by the Applicant in this
13 matter to do a survey of the neighborhood as designated by
14 the Couuuissioners for the application of the Pizza Hut?
15 A Yes .
16 O And would you explain to the Commissioners what
17 the results of that survey are?
18 A Sure. I have prepared an original report for
19 evidence and then I have a report for each of the County
20 Commissioners and the City Attorney and I will pass that out
21 real quick and then go through it with you. I might remark
22 that Oedipus , Incorporated has done several hundred of these
23 surveys throughout the state of Colorado and the report is
24 designed to give the authority an idea of what happened on
25 how the petitioning took place , under what circumstances ,
MABEL BROYLES
CERTIFIED SHORTHAND REPORTER
258 South 12th — Brighton, Colorado
A19_1130
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1 what the results were , and some other information. Basically,
2 after receiving some information concerning the license, we
3 equipped petitioners with a map of the area with the proposed
4 location of the licensee denoted and a boundary marked on a
5 map and the boundary in turn as the neighborhood as defined
6 by the authority. They were equipped with petitions favoring
7 the issuance of the license, with an instruction qualificatio
8 sheet, and I will explain that in a moment . Then, they also
9 carried what I call a stat sheet or a tabulation sheet to
10 record refusals and not-at-home petitioning . All petitioning
11 took place within the neighborhood as defined by the authorit
12 and I believe we probably knocked on every residence in the
13 neighborhood. The petitioners were brought up to the area
14 showing the site location and briefed as to the nature of
15 the license and of the operation. Each petitioner was
16 instructed--each petition had an instruction qualification
17 sheet and in turn the petitioners were instructed on who
18 could execute on the petitioner format . Basically, a person
19 was to be a qualified elector, that being a person who is of
20 the age of 18 , United States citizen, and a resident of the
21 neighborhood for 32 days to sign. If they were not a qualifi d
22 elector, they could he a person over the age of 18 and
23 managing or owning a business . They were to execute in the
24 petitioner ' s presence. They could not have signed another
25 petition for or against concerning the license application.
MABEL BROYLES
CERTIFIED SHORTHAND REPORTER
258 South 12th — Brighton, Colorado
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1 They were to have an opportunity to read the petition or
2 have it read to them. And they were to sign their own name .
3 The most common violation on this own name business is where
4 a wife might sign Mrs . John Jones and she is then asked to
5 sign Mrs . Sally Jones or whatever her correct first name is .
6 After we have circulated the petitions through the neighbor-
7 hood, we edited them to make sure that they comply with the
8 instructions and qualifications . There are no ditto marks .
9 There are no social security numbers and telephone numbers in
10 the date column, that kind of thing; and 11 signatures were
11 found not to meet the editing . They are marked with an
12 asterisk in the left margin, when the authority has an
13 occasion to peruse them. They were not included in any of
14 the statistics on page 3 . Each petitioner signed an
15 affidavit attached to the petition stating no petition has
16 been circulated by more than one person.
17 On page 3 , I give you all the information here so
18 that you can get an idea of what happened and page 3 might
19 be like unto a pie and then in turn when you slice up the
20 pie, you see what the various slices consist of . The most
21 important thing being that we tell you how many doors we
22 knocked on and what the results were when those doors opened,
23 so you can see how the people in the neighborhood felt about
24 this . We knocked on 1 , 054 doors . I'm not exactly sure what
25 the average number of people per residential unit is , but
MABEL BROYLES
CERTIFIED SHORTHAND REPORTER
258 South 12th — Brighton, Colorado
A59_1110
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1 based on my past experience with neighborhoods like this , I
2 would estimate it to be 2 . 7 . If that ' s the case, there are
3 about 2 , 645 people that lived in this neighborhood. That
4 does not include the business population, employees , owners
5 and managers . In knocking on these 1 , 054 doors , 739 opened,
6 so we experienced a 29 percent not-at-home rate, almost
7 30 percent. I predicted a 35 to 40 percent not-at-home, so
8 it was lower than I thought it would be . In examining what
9 happened when we spoke to these 739 people, this is the area,
10 total contacts , Item No . 2 , 408 executed on the petioner
11 format . 94 felt there were enough licenses in the neighbor-
12 hood. 12 did not--or excuse me, 29 did not want to sign a
13 petition no matter what the petition said. 60 people did not
14 express an opinion either way. 15 had religious objections
15 and then other miscellaneous refusals 134. This is an
16 exceptionally high number in terms of people that we con-
17 tacted. Most of the people that fell into this catagory
18 were people who had been a residence of the neighborhood for
19 32 days and it ' s my understanding that at this point in time ,
20 we were moving into a period where the semester or , excuse
21 me--I guess a quarter system up here--is starting and there
22 may have been some turnover. Also, some of the people that
23 were contacted may have been under the age of 18 and thus
24 after determining that, they weren' t allowed to sign. Then,
25 there is also a lot of other reasons , the wife who is not at
MABEL BROYLES
CERTIFIED SHORTHAND REPORTER
258 South 12th — Brighton. Colorado
co_i12n
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1 home and would like to talk it over with her husband, and
2 we didn' t return those signatures . If we examine just
3 what the statute talks about , which is needs and desires ,
4 again, we have 408 people favoring the license and 94 felt--
5 people who felt there were enough in the neighborhood. Base
6 number, 502 , and then of course, you can see the percentages
7 change. The 52 percent goes to 81 percent and the 12 percent
8 goes to 18 percent.
9 Page 4, we researched some information here to
10 kind of give an idea of what is happening in the neighborhood.
11 These were traffic counts in and around the site location.
12 Basically, what these say is number one, a substantial number
13 of cars are traveling by this location on a daily trip basis ,
14 and number two, that this traffic has been on the increase
15 between the period of 1973 and 1977 . And then, there is a
16 couple of years that a couple of locations here, we didn' t
17 have any information and couldn' t provide it to you.
18 Population information; normally, when we do a
19 license, if the license is in the--let' s say, take for
20 instance the City and County of Denver, the Denver COG, which
21 is the Denver Regional Council of Governments , provides
22 updated information on census tracks that have been defined
23 by the United States Department of Census . Up here, your
24 version of Denver COG is the Larimer-Weld Regional Council
25 of Governments , and they don' t provide the information in the
MABEL BROYLES
CERTIFIED SHORTHAND REPORTER
258 South 12th — Brighton, Colorado
ASn_112n
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same way that they do for a large metropolitan area. The
2 reason I make these remarks is I was not able to pool the
8 information for population tracks for the neighborhood as
4 defined by the authority, so I gave you three areas or
5 geographical areas of information, Greeley, Evans , and
6 Weld County. You can look at it and see number one, that
7 there has been growth; number two , that the growth has been
8 higher than the growth in the population tracks in the
9 City and County of Denver, if that gives you a treshold or
10 if that has any meaning . And then in turn, the growth
11 appears to be it will continue through the year 1980 , actuall
12 probably continue through the turn of the century, but that
13 the growth has been more in the past than it will be for the
14 future and you are starting to stabilize out . The bottom lin
15 on that is the area has shown an increase in the population
16 and population generally means that there are more spendable
17 dollars in terms of increase and that kind of thing , so that '
18 kind of academic information for what it' s worth to the
19 department, if it ' s of any value to you. And that is basical y
20 all the information that we gathered. And I can answer any
21 questions , hopefully, if you have any .
22 COMMISSIONER STEINMARK: For your information, I
23 think that the chart you have listed on the population of
24 Weld is actually the COG figures for both Larimer and Weld
25 Counties . We are not 239 , 000 as a single entity, so I think
MABEL BROYLES
CERTIFIED SHORTHAND REPORTER
258 South 12th — Brighton, Colorado
ASQ_IIl11
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1 you didn' t take Larimer County out of these figures .
2 MR. SCOTT: I know there were two charts and I
3 remember looking at the Larimer metropolitan/county chart,
4 and that could have been a total, and I have the book with
5 me out in the car. I can go out and get it .
6 COMMISSIONER STEINMARK: It 's not important, but
7 for your information I think you got the figures of both
8 Larimer and Weld.
9 CHAIRMAN DUNBAR: Next question, do you have a
10 petition you want to present?
11 MR. KINKADE : Yes .
12 MR. SCOTT: Oh, yes , I do .
13 MR. KINKADE : I was going to have him identify
14 these for you and then present them. Mr. Scott, are these
15 the petitions that were distributed in the neighborhood?
16 MR. SCOTT : Yes , there is five petitions and each
17 one of those petitions represents an employee , an Oedipus
18 employee. For instance, Exhibit A was circulated by
19 Mark Beck. Should I go identify all of them?
20 MR. KINKADE : No , I have had the five exhibits or
21 the five petitions marked as Exhibit A and I am submitting
22 them as just Exhibit A. Is that all right with the authority?
23 CHAIRMAN DUNBAR: Tom, the total, all exhibits or
24 all petitions are just one exhibit, Tom.
25 MR. KINKADE : I can have them marked separately,
MABEL BROYLES
CERTIFIED SHORTHAND REPORTER
258 South 12th — Brighton, Colorado
ASQ_Ilin
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1 if you would like me to .
2
MR. DAVID: Well , I think if they are self-identifiable .
3 MR. KINKADE : Yes , I think they are and that 's
4 why I have had them marked as just one exhibit .
5 MR. DAVID: Yes .
6 MR. SCOTT: Exhibit 1, which consists of five
7 petitions . I should make a remark I forgot to make . When
8 a petitioner goes to a door and our people have training
9 manuals and they read the manuals and they are instructed on
10 the general concepts of like liquor licensing , law and then
11 they are instructed on the particulars or informed on the
12 particulars of the license, that when they go to a door and
13 somebody refuses to sign, they said, "We keep track of our
14 refusals . Do you have a reason for not signing?" They don' t
15 volunteer a reason and then that reason is recorded, so we
16 try and get people to respond candidly and not put words in
17 their mouth, so to speak. And then Exhibit B is the original
18 of the report .
19 MR. KINKADE : We would offer the exhibits . They
20 have been marked--offer them into evidence and ask that they
21 be admitted, please . They were marked before or ahead of
22 time.
23 CHAIRMAN DUNBAR: Do you have anything further?
24 MR. SCOTT: No .
25 CHAIRMAN DUNBAR: Do you have anything further?
MABEL BROYLES
CERTIFIED SHORTHAND REPORTER
258 South 12th — Brighton, Colorado
Fco_ittn
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1 MR. KINKADE : No, I do not.
2 CHAIRMAN DUNBAR: Any additional testimony?
3 MR. KINKADE : Yes , we have two other witnesses .
4 We would ask Mr. Don Linley to testify.
5 DONALD LINLEY,
6 was examined and testified as follows :
7 EXAMINATION
8 BY MR. KINKADE :
9 Mr. Linley, would you please state your name .
10 A Donald Linley.
11 Q Where do you reside?
12 A 420 East 57th, Loveland.
13 Q And how are you employed?
14 A I am an area supervisor for Pizza Hut , Incorporated
15 Q And what are your duties as the area supervisor
16 for Pizza Hut?
17 A There are 8 company stores in northern Colorado,
18 and I supervise the management .
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19 Q Is one of those stores the store that ' s the subject
20 of this application?
21 A Yes , it is .
22 Q And has this store been an existing store under
23 your direction?
24 A Yes , it has .
25 Q And how long have you had contact with this store?
MABEL BROYLES
CERTIFIED SHORTHAND REPORTER
258 South 12th — Brighton, Colorado
AS9_itln
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1 A I have been here for approximately two and a half
2 years .
3 Q And has the store provided any problems , unusual
4 problems or unique problems to you?
5 A No , it has not .
6 Q How often do you visit the store?
7 A I would say an average of approximately once a
8 week, sometimes more often, depending.
9 And are you trained in the management of Pizza
10 Huts?
11 A Yes , I have worked for Pizza Hut for ten years ,
12 and I am aware of how they should be run.
13 Q And do you have specific training in the handling
14 of 3 . 2 beer or beer at the Pizza Hut and how it should be
15 handled?
16 A I am aware of the regulations governing the beer ,
17 yes .
18 Q And is it part of your duty to supervise the
19 manager in the handling of an alcoholic beverage?
20 A Yes , it is .
21 MR. KINKADE : I have no further questions of this
22 witness , unless there are any questions .
23 CHAIRMAN DUNBAR: Any questions?
24 COMMISSIONER STEINMARK: Yes , I would ask at the
25 site in Greeley of the previous liquor application, has that
MABEL BROYLES
CERTIFIED SHORTHAND REPORTER
258 South 12th — Brighton. Colorado
ASt1_1110
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1 establishment been sited for any liquor violations?
2 A I have been here for two and a half years and
during that time we have had no problems , and I am not aware
4 of any before that time.
5 COMMISSIONER STEINMARK: Okay. How long have you--
6 apparently you are the supervisor of Mr . Noble , is that
7 correct?
8 A Yes , ma'am.
9 COMMISSIONER STEINMARK: He will be the manager?
10 A Yes , he is managing the store we have now and he
11 will take over the new store.
12 COMMISSIONER STEINMARK: What supervision do you
13 give him in understanding and application of liquor laws?
14 A I don' t think I understand.
15 COMMISSIONER STEINMARK: He in fact is the person
16 who is the resident manager or the manager who will be in
17 the establishment?
18 A Yes , he is .
19 COMMISSIONER STEINMARK: He will be the one who
20 would have to recognize any liquor violations ; what training
21 do you give him?
22 A Okay, he is aware of all the state regulations and
23 what should be done and should not be done in the store
24 pertaining to our beer sales .
25 COMMISSIONER STEINMARK: In the two and a half years ,
MABEL BROYLES
CERTIFIED SHORTHAND REPORTER
258 South 12th — Brighton, Colorado
.CQ_Illn
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1 I presume Mr . Noble has been manager of the Greeley operation
2 at that time?
3 A Yes .
4 COMMISSIONER STEINMARK: Have you ever had any
5 problems or any reprimands concerning his ability to enforce
6 those liquor laws?
7 A No, we haven' t .
8 COMMISSIONER STEINMARK: Thank you.
9 CHAIRMAN DUNBAR: I need to get something straight
10 now. Are they going to phase out the existing one?
11 A Yes , sir .
12 CHAIRMAN DUNBAR: What is it--down there in that
13 shopping center?
14 A It' s right beside McDonald' s .
15 COMMISSIONER ROE : It ' s a block north and across
16 the street . It ' s right beside--
17 MR. DAVID: Where?
18 A (Deponent) We are closing that particular store .
19 CHAIRMAN DUNBAR: But you are closing the present
20 one?
21 A Right.
22 CHAIRMAN DUNBAR: And moving over to the next
23 vicinity?
24 A Right .
25 CHAIRMAN DUNBAR: Okay.
MABEL BROYLES
CERTIFIED SHORTHAND REPORTER
258 South 12th — Brighton, Colorado
'co-Inn
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1 MR. KINKADE : All right , I have no further
2 questions , and we would ask Mr. Noble to testify.
3 PETER J . NOBLE,
4 was examined and testified as follows :
5 EXAMINATION
6 BY MR. KINKADE :
7 Q Mr . Noble , would you please state your name .
B A Peter J . Noble, N-o-b-1-e .
9 Q Where do you reside?
10 A 361 Pine Street in La Salle .
11 Q And are you currently the manager of the Pizza Hut
12 located on 8th Avenue?
13 A Yes , I am.
14 Q And will you be the manager of the Pizza Hut that
15 is the Applicant in this hearing?
16 A Yes , I will.
17 Q Now, how long have you been the manager of the
18 Pizza Hut?
19 A Two years .
20 Q And during that time , have you had any difficulty
21 in serving of 3 . 2 beer at the establishment?
22 A No, not really.
23 Q Have you had any police contacts with the establish-
24 ment in regard to any liquor violations or any liquor
25 incidents--related incidents?
MABEL BROYLES
CERTIFIED SHORTHAND REPORTER
258 South 12th — Brighton, Colorado
G cO_117n
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A No.
2
Q In working for the Pizza Hut corporation, do you
3 go through a training period for them?
4 A You mean for my employees?
5 Yes .
6 A Yes , it ' s explained to them what our policies and
7 procedures are pertaining to, you know, when the beer should
B be removed and so on, making sure we are following all the
9 laws and so on.
10 All right, and do g you hire anybody under the age
11 of 18?
12 ! A No, we don' t .
13 Q You yourself, have you received training from
14 Denver Pizza, Incorporated, the corporation that you work for
15 in the management of the Pizza Hut?
16 A Yes , I have.
17 Q Does that training include the handling of beer
18 sales?
19 A Yes , it does .
20 Q And if you might, I would like you to explain how
21 3 . 2 beer is sold at the Pizza Hut establishment and how you
22 would anticipate it would be sold at the new building if this
23 application is granted.
24 A Well, we serve--I 'm not quite sure I understand
25 completely.
MABEL BROYLES
CERTIFIED SHORTHAND REPORTER
258 South 12th — Brighton, Colorado
So_Ilin
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1 Q I will be more specific. I was going to let you
2
just take off with that . Do you only serve beer with pizza--
3 with food?
4 A Yes , only serve the beer with a meal that is
5 purchased. We don' t just sell beer by itself, because we
6 feel that, you know, that' s the idea of having beer in the
7 establishment. It' s there to be served with the pizza and
8 not--it ' s not supposed to be a drinking establishment per se.
9 Q Do you have a separate bar?
10 A No .
11 Q Is it served from behind your food counter?
12 A Yes , it is .
13 Q And in what way do you advertise that you have
14 beer?
15 A You mean outside the establishment?
16 Q No, within your--
17 A Well, nothing really. The taps are visible and
18 most of our customers are aware that we do serve beer and
19 when they want it, they will ask.
20 Q Is this the menu you use at Pizza Hut?
21 A Yes , it is .
22 Q And would you advise the authority as to how beer
23 is listed on the menu.
24 A It ' s listed as a glass at 60 cents and pitcher
25 $3 , draft beer.
MABEL BROYLES
CERTIFIED SHORTHAND REPORTER
258 South 12th — Brighton, Colorado
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1 CHAIRMAN DUNBAR: Mark that as an Exhibit C .
2 MR. KINKADE : I wasn' t going to offer it into
3 evidence. I was just going to let you review it.
4 (By Mr. Kinkade) Now, if a family would order
5 beer, what is your policy in regard to checking the identific -
6 tion and serving beer to a family?
7 A To a family?
8 Q Yes .
9 A Well, if it ' s a family, we don' t specifically
10 check I .D. s , if they are obviously two adults or older than
11 the age of 18 .
12 Q If a group of young people and you were suspicious
13 of their ages , how would you determine whether to serve
14 beer?
15 A My general rule with my employees is that anybody
16 that really looks under the age of 25 will be checked for an
17 I .D. and that way, we feel certain that we are catching
18 anybody that would be possibly older-looking .
19 Q All right, and supervising the service of beer
20 within your establishment, do you serve beer in different
21 containers than you serve the other beverages?
22 A Yes , we serve the beer in glass pitchers and
23 glass glasses and a lot of the beverages are served in plasti
24 containers .
25 Q And are you able to monitor the alcoholic beverage
MABEL BROYLES
CERTIFIED SHORTHAND REPORTER
258 South 12th — Brighton, Colorado
4 5 1111
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1 in this fashion and determine whether it' s consumed properly?
2 A You mean by the correct people, yes , the waitresses
3 are informed that they are to watch and make sure that other
4 people at the table aren' t drinking the beer.
5 Q As manager of the Pizza Hut , is it your desire to
6 have the 3 . 2 liquor license?
7 A Yes , it is .
8 Q Why is it your desire?
9 A Well, pizza and beer go together. It ' s , I believe
10 it helps our sales of our pizza by having the beer there
11 for the customers who desire it .
12 MR. KINKADE : I have no further questions .
13 COMMISSIONER CARLSON : Do you have only draft
14 beer or do you have other beer?
15 A Yes , draft beer.
16 COMMISSIONER CARLSON: And only one brand?
17 A Two brands .
18 COMMISSIONER CARLSON: Two brands?
19 CHAIRMAN DUNBAR: You have beer in all of the
20 pizza outlets--that could be a question directed to--
21 MR. LINLEY: Yes , sir, we do.
22 CHAIRMAN DUNBAR: I guess you did a good job of
23 asking questions .
24 COMMISSIONER ROE : You seem to be familiar enough
25 with the liquor laws , but how do you determine that your
MABEL BROYLES
CERTIFIED SHORTHAND REPORTER
258 South 12th — Brighton, Colorado
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1 employees are as familiar with the liquor laws as you are
2 because you are not always there and they are responsible?
3 A Well , when I am not there, there is someone who
4 is in charge who is also aware of what they are and, you
5 know, makes sure that the other employees are doing their
6 job .
7 COMMISSIONER ROE : Do you break each of your
8 employees in?
9 A Yes , I do very carefully.
10 MR. KINKADE : We have no further questions unless
11 it would be necessary for rebuttal, if there is somebody
12 opposing their license . And so at this time, we would--I
13 would just make a closing comment if it ' s appropriate or
14 whatever you would desire.
15 COMMISSIONER CARLSON: This building has not been
16 constructed yet, is that true?
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MR. BEARD: No, it' s not.
18 COMMISSIONER CARLSON: When do you plan on starting
19 it? How soon will you be in operation?
20 MR. BEARD: It ' s under construction now and will
21 be operational by the 1st of November.
22 COMMISSIONER CARLSON: This is an area where we
23 have had extreme problems with the parking, is it going to
24 be ample parking around the Pizza Hut?
25 MR. BEARD: We will have 40 parking spaces .
MABEL BROYLES
CERTIFIED SHORTHAND REPORTER
258 South 12th — Brighton, Colorado
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1 COMMISSIONER CARLSON : Forty parking spaces . What
2 will be the capacity--I am not sure since it ' s not really a
3 drinking establishment.
4 MR. BEARD: Approximately 90 .
5 COMMISSIONER CARLSON: Ninety people . Since this
6 is not a drinking establishment and more of an eating place
7 with beer as a sideline, I think I have no problems .
8 COMMISSIONER ROE : Forty parking spaces would be
9 more than enough at the current location, wouldn' t it?
10 MR. BEARD: Yes , sir, I think so .
11 COURT REPORTER: What is your name, please .
12 MR. BEARD: John Beard. I am the regional manager
13 of real estate for Pizza Hut .
14 COMMISSIONER CARLSON : Do you anticipate any
15 problems being so close to some of the other drinking
16 establishments in regards to their parking in your place of
17 business and going to other places or how will you control
18 that?
19 MR. BEARD: Potentially, there is a situation there
20 where there could be some problems , but I think that knowing
21 --mainly, you know, we intend to contact the other people
22 around the area and make sure that there won' t be any problem
23 in advance.
24 COMMISSIONER CARLSON: What are your hours of
25 business?
MABEL BROYLES
CERTIFIED SHORTHAND REPORTER
258 South 12th — Brighton, Colorado
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1 MR. BEARD: 11 a.m. to midnight, 1 a.m. on
2 Friday and Saturday nights .
3 CHAIRMAN DUNBAR: Okay.
4 MR. KINKADE : Thank you.
5 CHAIRMAN DUNBAR: Any questions , Mr. Kinkade?
6 MR. KINKADE : No , we have no further questions .
7 CHAIRMAN DUNBAR: Okay, are there any opponents
8 to this permit? Let the record show that there are none .
9 Discussion? Comments?
10 COMMISSIONER CARLSON: Mr . Chairman, I see no
11 problems that will arise from the application, and I will
12 ' move approval of the 3 . 2 beer license for Denver Pizza Hut,
13 Incorporated doing business as Pizza Hut at 2525 - 8th Avenue
14 Greeley, Weld County.
15 COMMISSIONER ROE : Second.
16 CHAIRMAN DUNBAR: Moved by Norman Carlson and
17 seconded by Leonard Roe to approve Docket No . 78-60L, Pizza
18 Hut, Denver Pizza, Incorporated, d/b/a Pizza Hut , 2525 - 8th
19 Avenue , Greeley and Weld County, Colorado . Would you poll
20 the Commission, please .
21 CLERK OF THE COMMISSIONERS : Norman Carlson.
22 COMMISSIONER CARLSON: Yes .
23 CLERK OF THE COMMISSIONERS : Leonard Roe .
24 COMMISSIONER ROE : Yes .
25 CLERK OF THE COMMISSIONERS : June Steinmark.
MABEL BROYLES
CERTIFIED SHORTHAND REPORTER
258 South 12th — Brighton, Colorado
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1 COMMISSIONER STEINMARK: Yes .
2 CLERK OF THE COMMISSIONERS : Chairman Ed Dunbar .
3 CHAIRMAN DUNBAR: Yes . Let the record show a
4 unanimous vote in favor of this permit . Is there any
5 additional business before the Board? Hearing none, this
6 hearing will be adjourned.
7 MR. KINKADE : Thank you. Thank you very much.
8 (Whereupon, the foregoing hearing is concluded
9 at the approximate hour of 2 : 37 p .m. )
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MABEL BROYLES
CERTIFIED SHORTHAND REPORTER
258 South 12th — Brighton, Colorado
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2 REPORTER'S CERTIFICATE
3 I , MABEL BROYLES, Certified Shorthand Reporter
4 and Notary Public within and for the State of Colorado, do
5 hereby certify that I was present and reported in Stenotypy
6 the foregoing proceedings.
7 I FURTHER Certify that the above foregoing
8 twenty-seven (27) pages contain a transcript of said
9 proceedings and that the same is true and correct.
10 My Commission expires September 13, 1981.
11 Done and dated this 23rd day of October, 1978 .
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Mabkl Br yle
14 Certified Shorthand Reporter
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MABEL BROYLES
CERTIFIED SHORTHAND REPORTER
258 South 12th — Brighton, Colorado
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