HomeMy WebLinkAbout800576.tiff 1
BEFORE THE WELD COUNTY COMMISSIONERS
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GREELEY, COLORADO
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Docket No. 80-1L
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5 FLORINDA T. MARTINEZ , d/b/a )
PESINAS CAFE, 3rd Avenue and )
6 4th Street , Gill , Colorado , )
80624 ,
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Applicant. ) REPORTER' S TRANSCRIPT
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HEARING TO CONSIDER GRANT OF )
g A 3 . 2% BEVERAGE LICENSE FOR )
CONSUMPTION BOTH ON AND OFF )
10 PREMISES .
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APPEARANCES
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Florinda T. Martinez , Applicant, appearing
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pro se .
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Weld County Commissioners :
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Bill Kirby , Chairman
16 Norman Carlson
Lydia Dunbar
17 Leonard L. Roe
78 Also present : Weld County Assistant Attorney Russ Anson .
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This matter came on for hearing before the Board
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of County Commissioners of Weld County, Colorado, at 2 : 00
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p.m. , on Wednesday, January 9 , 1980 , in the First Floor
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Assembly Room, Weld County Centennial Center , 915 10th
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Street , Greeley, Colorado.
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800573
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1 PROCEEDINGS
2 CHAIRMAN KIRBY: We will open this hearing at
3 2 :00 p.m. , January 9th, 1980 . Clerk, please call the roll.
4 CLERK: Norman Carlson .
5 COMMISSIONER CARLSON : Here.
6 CLERK: Lydia Dunbar.
7 COMMISSIONER DUNBAR: Here.
8 CLERK: Leonard Roe.
9 COMMISSIONER ROE: Here.
10 CLERK: June Steinmark. Bill Kirby.
11 CHAIRMAN KIRBY : Here.
12 Let the record show that four Commissioners are
13 present.
14 Russ , would you please make the record?
15 MR. ANSON : Yes. This is an application for a
16 3. 2 beverage license for consumption both on and off the
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17 premises on a property described as follows : the South
18 Forty Feet of Lots 15 , 16 and 17 in Block 7 , town of Gill ,
19 Colorado; and this is Docket No. 80-1L.
20 The Board of County Commissioners established
21 the neighborhood as follows , to be served : all of Section
22 27 , 28 , 33 and 34 , Township 6 North, Range 64 West of the
23 6th Principal Meridian , Weld County, Colorado . The applicant
24 is Florinda T. Martinez .
25 Notice of this hearing has been published, as
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1 required by law, on December 6th , 1979 and December 27 , 1979
2 in the Platteville Herald.
3 CHAIRMAN KIRBY : Would the applicants please
4 come forward? Just sit down by the microphone .
5 Would you state your name , please , and tell us
6 anything you would like to about --
7 MS . FLORINDA T. MARTINEZ : Florinda Te Martinez .
8 COMMISSIONER DUNBAR: Mr. Chairman , I 'd like to
9 let you know that I was out there and had done an inspection,
10 I believe it was November the 30th, and for the applicant ,
11 I found no apparent problems at the establishment , and the
12 operators conduct a neat and clean and orderly business .
13 So I would like to recommend this at this time .
14 CHAIRMAN KIRBY : Is there anything else you
15 would like to tell us about why you want the liquor license ,
16 3. 2 beer license?
17 COMMISSIONER CARLSON: How long have you operated
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18 the restaurant?
19 MS . MARTINEZ : ' 66 .
20 COMMISSIONER CARLSON: ' 66?
21 MS . MARTINEZ : 20 July; July 20 , ' 66 .
22 COMMISSIONER CARLSON : ' 66? You've been opera-
23 ting , then , for 16 years .
24 COMMISSIONER ROE : 14 .
25 COMMISSIONER CARLSON : 14 years .
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1 MS . MARTINEZ : 14 , 13.
2 CHAIRMAN KIRBY: Have you ever had a 3 . 2 license
3 before?
4 MS . MARTINEZ : Uh-huh.
5 COMMISSIONER ROE: You did previously have a
6 3 . 2 license?
7 MS . MARTINEZ : Yes .
8 COMMISSIONER ROE : And why don' t you have one
9 now?
10 MS . MARTINEZ : Well , -- (in Spanish. )
11 MR. FRANK C. MARTINEZ : She rented --
12 CHAIRMAN KIRBY : Sir, would you like to come up
13 and use the microphone, too, so we get it on the record?
14 MR. MARTINEZ : Okay. She rented the place for
15 two years, so there ' s -- (off the record , in Spanish) -- to
16 the Carpios, but she rented to them, and then some reason ,
17 they didn ' t want to go anymore . Then she find out about it,
18 so she come back , and when they left , she' s going to go open
19 it again.
P 20 COMMISSIONER ROE : Okay, but the restaurant ,
21 itself , has been closed for a couple of years?
22 MR. MARTINEZ : It was closed for two years .
23 MS . MARTINEZ : No, it' s open for Henry Carpio.
24 MR. MARTINEZ : It was open , but this Carpio, he
25 was running it.
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1 COMMISSIONER ROE : Okay, and he decided, he let
2 the liquor license lapse at that time?
3 MR. MARTINEZ : No, he didn 't have no license .
4 (Off the record , in Spanish. )
5 MS . MARTINEZ : It ' s Henry Carpio got a license
6 for one year; the name was Carpio .
7 COMMISSIONER CARLSON : Do you own this property
8 now?
9 MS . MARTINEZ : Yeah, is mine .
10 CHAIRMAN KIRBY: You are familiar with the
11 liquor laws of the State of Colorado?
12 (Off the record, in Spanish . )
13 MS . MARTINEZ : Oh, yeah.
14 COMMISSIONER CARLSON: You have worked in an
15 establishment that did serve liquor , and you are aware of
16 the liquor laws?
17 (Off the record, in Spanish. )
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18 MS . MARTINEZ : Si .
19 COMMISSIONER CARLSON: You worked where they
20 did serve liquor?
P1 (Off the record, in Spanish . )
22 MR. MARTINEZ : Uh-huh.
23 COMMISSIONER ROE: When you had the cafe before,
24 you did have a 3 . 2 license?
45 MR. MARTINEZ : Uh-huh.
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1 COMMISSIONER ROE : There are two other 3. 2
2 outlets in the town of Gill; to your knowledge, are you the
3 only one that serves food in conjunction with the liquor
4 license?
5 MS. MARTINEZ : Yeah.
6 MR. MARTINEZ : She' s the only one that we know.
7 Sometime, you know, she has one or two, you know, ladies
8 come and help her, but that ' s the only thing .
9 COMMISSIONER ROE : Do you plan to hire help to
10 operate the bar?
11 MR. MARTINEZ : Yes , one or two , she gets , you
12 know, business picking up.
13 COMMISSIONER ROE : Are you willing to take the
14 responsibility to see that your help is also familiar with
15 the liquor laws?
16 MR. MARTINEZ : But she ' s the only, you know,
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17 she' s the only one that' s be head of it, of everything.
18 CHAIRMAN KIRBY : Does anyone else have any
19 questions of the applicant?
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20 MR. ANSON: Is your last name "Martinez" or
21 "Pesinas"?
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22 MS. MARTINEZ : Maria Florinda Te Martinez. The
23 name the restaurant is Pesinas Cafe .
24 MR. MARTINEZ : The name of the restaurant is
25 the name of the cafe .
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1 MR. ANSON : I was wondering why the deed of
2 trust has "Florinda T. Pesinas" .
3 MR. MARTINEZ : Before that , you know, she lost
4 her husband and got married. That' s why the two names .
5 COMMISSIONER ROE : One other question, on this
6 sketch that you submitted to the Board on physical layout
7 of the restaurant and bar, you have "restroom" listed, but
8 are we talking about one or two restrooms?
9 MS. MARTINEZ : One.
10 MR. MARTINEZ : It ' s not too big , the place.
11 It' s only got one in it.
12 COMMISSIONER ROE : How many people can you
13 serve in the restaurant?
14 MR. MARTINEZ : 25 .
15 MS . MARTINEZ : 30.
16 MR. MARTINEZ : Sometimes 30 , at the most, in the
= 17 bar , yeah.
18 CHAIRMAN KIRBY : Is there anyone here that
19 wishes to speak for or against? Does anyone on the Board
20 have any further comments?
21 COMMISSIONER DUNBAR: As far as I know, there ' s
22 never been any problems as far as --
23 MS . MARTINEZ : Thank you, Jesus Christ, is
24 no problems .
25 COMMISSIONER ROE : This is a new application ,
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1 in fact, so there would be no history.
2 COMMISSIONER DUNBAR: They wouldn't have any,
3 would they?
4 COMMISSIONER CARLSON: Yet.
5 COMMISSIONER ROE : I have a question for Russ,
6 and I 'm not sure , but isn 't it generally a practice to
7 circulate petitions?
8 MR. ANSON: The reason for the issuance is to
g make a determination of the needs of the neighborhood and
10 the requirements for the particular type of license, and if
11 we do not have a petition , then we should have some kind of
12 testimony to the effect that the present outlets in the area
13 are not sufficient to handle the needs.
14 And one of the things that was mentioned by the
15 applicant is that they are the only place in the town of
16 Gill that does serve food, is that correct? --
17 MR. MARTINEZ : Yes.
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MR. ANSON: -- that would have a 3 . 2 license.
19 Are there any other outlets in or any other establishments
20 in Gill that have 3 . 2?
MR. MARTINEZ : No.
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COMMISSIONER ROE: Yes, there are two : Lesser ' s
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23 Trading Post is an off-premise only .
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MR. MARTINEZ : Right.
25 COMMISSIONER ROE : And Gill Recreation Center
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1 is both on and off premises . They' re both 3 . 2 outlets .
2 COMMISSIONER DUNBAR: But they don' t serve food .
3 MR. MARTINEZ : No.
4 CHAIRMAN KIRBY : What is the wish of the Board?
5 COMMISSIONER CARLSON : Mr. Chairman, I think
6 this would be advantageous to the town of Gill , and there-
7 fore, I will make a motion that we approve a 3 . 2 beer license
8 for Pesinas Cafe in the town of Gill .
9 COMMISSIONER DUNBAR: I ' ll second.
10 CHAIRMAN KIRBY : For the record, should that
11 license be as Pesinas Cafe or as Florinda T. Martinez?
12 MR. ANSON: Well , it would be Florinda T.
13 Martinez .
14 COMMISSIONER ROE : Doing business as Pesinas
15 Cafe.
16 MR. ANSON: Yes , that' s correct .
17 CHAIRMAN KIRBY: It ' s been moved by Norman
18 Carlson, seconded by Lydia Dunbar, that we approve a 3 . 2
19 beer license for Florinda T. Martinez , doing business as
20 Pesinas Cafe . Is there any discussion? All in favor say
21 aye; opposed, nay.
22 Motion carried unanimously.
23 (Proceedings concluded at 2 :20 p.m. , Wednesday,
24 January 9 , 1980 . )
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3 REPORTER'S CERTIFICATE
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7 I , ARDETH WINE, Qualified Shorthand Reporter,
8 State of Colorado, do hereby certify that the foregoing
9 proceedings, Pages 2 through 9 , were reported in stenotypy
10 by me at the time and place hereinbefore set forth; that
11 the same were thereafter reduced to typewritten form by me
12 personally, and that the foregoing is a true and correct
13 transcription of my stenotype notes then and there taken .
14 DATED this 16th day of January, 1980.
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Ardeth Wine
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