HomeMy WebLinkAbout640088.tiffFINDINGS AND RESOLUTION
CONCERNING CLUB LICENSE OF GREELEY LODGE NO. 809
OF THE BENEVOLENT AND PROTECTIVE ELKS OF THE UNITED STATES OF AMERICA
The application of Elks Lodge No. 809 for a club license came
on for hearing July 8, 1964, and the Board of County Commissioners of
the County of Weld having heard the testimony and evidence adduced up-
on said hearing and having considered the testimony, evidence and pet-
ition in favor of granting said club license and there being no remon-
strances against the granting of said license, and having carefully
weighed the same now makes the following findings;
1. The evidence discloses that the application was duly made
and that notice thereof and of said hearing was duly given as required
by law.
2. That no question was raised nor objection offered as to
the applicant concerning the standing, character or motives or said
applicant.
3. That said Greeley Elks Lodge No. 809 is the owner and oc-
cupant of said premises sought to be licensed within the meaning of the
Statutes.
RESOLUTION
WHEREAS, The Board of County Commissioners of the County of Weld
has heard the application of Greeley Elks Lodge No. 809 for a club lic-
ense at a location known and described as follows;
Beginning at the northeast corner of Section 23, Town-
ship 5 North, Range 66 West of the 6th Principal Mer-
idian in Weld County, Colorado; Thence South along the
East line of said Section 23, 1,200.00 feet; Thence
Westerly along a line parallel to the North line of said
Section 23, a distance of 1,570.00 feet, more or less;
Thence Southerly along a line parallel to the East line
of said Section 23, a distance of 490.00 feet, more or
less; Thence North 66° 16" 00' West 97.00 feet; Thence
North 82° 03' 00" West 514.00 feet; Thence North 871
22' 00" West 236.00 feet; Thence Northerly a distance
of 1,630.00 feet, more or less, to a point on theNorth
line of said Section 23, said point being 2,360.51 feet
West of the northeast corner of said Section 23; Thence
South 891 13' 00" East along the North line of said Sec-
tion 23 a distance of 2,360.51 feet to the True Point of
Beginning.
and,
10OO 9/
L9v068
WHEREAS, the said Board has made its findings upon the appli-
cation, evidence and testimony submitted to it, which findings precede
this Resolution and by reference are incorporated herein and made a
part hereof, and
WHEREAS, the said Board has carefully considered the applicat-
ion, evidence and testimony, and given the same such weight as it in its
discretion deemed proper, and it now fully advised in the premises;
NOW THEREFORE, BE IT RESOLVED, that the application of Greeley
Elks Lodge No. 809 of the Benevolent and Protective Order of the United
States of America for a club listens® on the premises indicated herein -
above, bey and it hereby is granted and that the license applied for
shall be granted to said applicant for said premises.
Made and entered this 8th day of July, A.D. 1964.
BOARD OF COUNTY COMMISSIONERS
Commissioner
rthComm `ssioner
1226 33
TRANSCRIPT OF HEARING ON LIQUOR LICENSE
PETITION of GRFRT,EY LODGE ITO. 809 of the Benevolent
and Protective Order of Elks of the United States of
America, held Wednesday! July 8, l964, at 2:00 o'clock
p.m. in the County Court Room, Weld County Courthouse,
Greeley, Colorado.
This cause came on regularly for hearing by the Board of County
Commissioners of Weld County, Colorado, at the hour of 2:00 o'clock
p.m., July 8, l964, as provided in the Notice of the Hearing that
was duly published as required by law.
PRESENT were Mr. Elmer Shultz, Chairman of the Board, presiding;
Mr. Millard Ewing and Mr. T. V. Reed, members of the Board; and Mr.
Samuel S. Telep, County Attorney, and Mr. James Shelton, Attorney for
the Petitioners.
WHEREUPON the following proceedings were had, to -wit:
MR. SHULTZ: It is now two o'clock. We will come to order. I
believe the County Attorney will have a little opening statement at
this time.
MB. TELEP: Let the record show that this cause came on regularly
for hearing by the Board of County Commissioners of Weld County,
Colorado, at the hour of two p.m., July 8, l964, as provided in the
notice of the hearing that was duly published, and the notice as was
posted on the premises as required by law; Mr. Elmer Shultz, Chairman,
presiding, Mr. Tom Reed and Mr. Millard Ewing, the other two members,
present, as was also Samuel S. Telep, County Attorney. The applicant
appeared by its attorney, Mr. James Shelton. The protestants, if any,
will have an opportunity to identify themselves and to present any
evidence that they may wish against the granting of the license to
this applicant.
Let the record further show that applicant was notified by the
Board that it has fully complied with the State liquor laws in that
there is no school or seminary within 500 feet of the location sought
to be licensed; that the applicant has ''ully complied with the law as
to the posting of the premises.
Let the record further show that the Board of County Commissioners
has notified the applicant that the neighborhood to be served by said
Elks Club Lodge No. 809 would include all of Weld County, in view of
the fact that the membership is composed of persons who live wholly
within the county.
Now, the following proceeding was had: Mr. Shultz.
E.R. SHULTZ: This hearing is held on application by Elks Lodge
809 for a license for the sale of malt, vinous and spiritous liquors
by the drink only to members of this club within the premises, at a
location more particularly described as follows:
Beginning at the NE corner of Section 23, Township 5
North, Range 66 West of the 6th P.M., in Weld County, Colorado;
thence S along the E line of said Section 23, 1200.00 feet;
thence W along a line parallel to the N line of said Section
23, a distance of 1570.00 feet, m/1; thence Sly along a line
parallel to the E line of said Section 23, a distance of 490.00
feet, m/1; thence North 66016'00",W 97.00 feet; thence N 82°03'
00" West 514.00 feet• thence N 87822'00" W 236.00 feet; thence
Nly a distande of 1,630.00'feett m/i, to a Point on the N line
of said Section 23, said point being 2,360.51 feet W of the
NE corner of said Section 23; thence S 89013'00" E along the
N line of said Section 23 a distance of 2,360.51 feet to the
true point of beginning.
Now, anyone who wishes to testify in this matter, we are going to
ask them to come up, take the chair here, and be sworn. Of course,
the attorneys, if any, will be permitted to question the witnesses.
We would also like to note that the application has been advertised
since June 12, 1964, and posted according to law. We are now ready
to proceed with the hearing. If there is any attorney representing
the applicant, and any other individual who wishes to be heard, please
kindly identify yourselves. Now, I believe it would be in order to
have an opening statement by Mr. Jim Shelton.
MR. SHELTON: Mr. Chairman, members of the Board of County Com-
missioners: Ls Mr. Telep has stated, my appearance is entered on
behalf of the applicant, the Greeley Lodge 809 of the Benevolent and
Protective Order of Elks, U. S. A. I submit the affidavit of publi-
cation which Mr. Telep has heretofore stated was properly published.
The proof of publication shows that this was published in the Greeley
Booster and carries a certificate therefor. I also present a photo-
graph which is a notice on the appropriate form provided by the
Secretary of State which was obtained by me from the Secretary of
State of Colorado, and the form completed as shown on this photograph.
I, personally, posted this notice at the facilities of the new Elks
Club which are being built on the described land which the Chairman
of the Board read into the record. I posted this on June 11, 1964,
at the premises, and this sign has been there continuously, and is
there at this moment, reciting that the hearing would be held at
2 p.m. this date.
(Whereupon a document and photograph were marked for identification
Petitioner's Exhibits A and B.)
I would advise the board that, as stated, this is an application for
a club license for malt, vinous and spiritous liquors for sale by
the drink only. Our testimony will show that the applicant is a
fraternal organization that has continued here in Greeley, in Weld County
continuously under a national charter issued by the national fraternity
of the Benevolent and Protective Order of Elks, and the Greeley lodge
has had this charter, and has been in good standing under this national
organization, and in Greeley, Weld County, Colorado, since October 10,
1902; that the Elks Club facilities will be available only to the
members of this fraternal organization and their guests; that the
Greeley Lodge's territory covers yield County completely, and our
jurisdiction of our lodge does not extend beyond the geographical
limits of Weld County, Colorado.
I wish to call certain witnesses to establish the manner in which
we have determined the wishes of the membership of this lodge before
the action was taken to build the facilities we have, and the applica-
tion made for this license. I would like to call, first, Mr. Richard
L. Tatman as a witness for the applicant, Greeley Lodge 809.
RICHARD L. TATMAN,
called as a witness by and on behalf of the Petitioners, having been
first duly sworn, was examined as follows:
EXAMINATION BY MR. SHELTON:
Q Will you please state your name and address and occupation?
A Richard L. Tatman, newspaper publisher, 1860 14th Avenue.
Q Are you a member of Greeley Lodge 809, Benevolent and Pro-
tective Order of Elks?
A I am.
Do you hold or have you held any official capacity in the
Q
lodge as an officer, or any committee member, which has anything to
do presently with this club license application?
A I am a past exalted ruler of the Greeley Elks lodge, and a
member, and have been since its creation,of the Building Committee.
Q This committee is'building the new clubhouse facilities on the
land described by the chairman of the Board of County Commissioners;
is that correct?
A That is correct.
Q Will you tell the Board what action was taken y the Greeley
Elks lodge to ascertain the wishes of the membership as to club
facilities and as to making application for a club license to sell
malt, vinous and spiritous liquors by the drink?
A In the very early spring of 1962 after the will of the lodge
had been determined to explore the possibility of either changing, or
obtaining new facilities, a committee was appointed of which I was a
member, and it was the decision of this committee, on instructions
from the lodge, to conduct a survey in the form of a questionnaire
of the entire membership of Greeley Elks lodge 809, to determine the
attitude of the members toward its program, its facilities, and toward
any future changes. This questionnaire was sent out to all of the
members.
Q To every member?
A To every member of record on the books, regardless of where
he lives. Within a matter of five days we had received an almost
unbelievable approximately 50 per cent return of the questionnaires
from people living not only in our community, but in our jurisdictional
area. This is extremely high, considering that the average is closer
to five, rather than fifty per cent, and tend to show an interest of
the members, I feel, in the program. A number of questions were
asked on the form that was sent out. One of them was whether or not
the members felt we should have new facilities. 85.6 of the returns
which we received indicated they felt we should have new facilities.
This is particularly interesting, inasmuch as approximately a year and
three months later when the main vote came to the floor of .the lodge
for final decision, it only varied two percent by the final vote.
At the same time, it was the desire of the committee to determine what
the members would like to have in these new facilities, if we had new
facilities, and so we not only asked for comments, but listed any
number of features and facilities in a suggested form, and asked them
to first rate them as to whether or not they felt they were important;
whether they felt they were unimportant; whether or not they would
oppose them. Now, there were many different items on this list. It
is particularly interesting to note that of all of them there, the bar
and the dining room rated the highest, by almost 400 percent over
any other single item. It was on this basis that the committee
decided to go ahead with the installation of dining facilities, and
to request a license to serve drinks because of an overwhelming
indicated desire on the part of the membership.
Q What percentage of the membership asked that we provide
liquor by the drink, answered this questionnaire?
A About 68 percent indicated that they felt that it was a
"must". In other words, in first place. Another 20 percent felt
that it would be desirable. This was the highest of all of the items
on the list. You understand that every person rated every item on
5
there, but the two highest were the bar facilities and the dining
room.
Q Do you know the percentage that opposed the granting or
obtaining of a liquor license?
A Yes. Interestingly enough, these two items also rated the
lowest in opposition. I think the opposition to the bar was about
4.8 percent of those who answered it, which was the lowest of all
of the items that were opposed.
Q Other items proposed :ere a golf course, swimming pool,
skating rink, and other ---
A Exercise areas, picnic areas, game areas.
Q And there were four times as many wishing the granting of
the liquor license as there were those wanting any other one item?
A This is right. This is right.
Q Have you talked with the members since this survey was
received? Do you know what their present feelings were on this
application?
A Yes. I have talked with many members since this project was
started. I have seen nothing to indicate any change of attitude on
the part of the membership which at the time indicated a very strong
feeling of desire for these two features.
Q How long have you been an Elk?
A Approximately 23 to 24 years.
Q Have you attended the activities of Greeley Lodge 809 as to
social activities that they presently have?
A Oh, yes. Very consistently.
Q And in the existing facilities they do not have provision
for liquor by the drink, but they do and have had under interpretation
from attorneys of the organization, that liquor could be consumed
there if there was no price paid for the liquor. In other words,
by bringing bottle and using mixes that were provided already there.
A This is true.
Q In your attendance at those social activities, have you ever
seen any occasion where any member behaved improperly?
A No
Q Is there in the organization of the Elks Lodge, not only in
Greeley, but under the national charter and by-laws and constitution,
provision for disciplining of members who behave themselves in an
ungentlemanly manner in the -lodge?
A Very definitely.
Q And in the club facilities such as we have in this ---
A Yes. Very definitely. Three different provisions.
Tom. SHELTON: I have no other questions. Do the Commissioners
have any questions from this witness?
MR. REED: Q How many members in your lodge?
A At the present time something in excess of --I would say it's
closer to 2000 than 1900 at the present time. The lodge has enjoyed
a very substantial growth in membership since it was first announced
they were going to build and move into this new facility; a rate of
growth which exceeds anything in the five Rocky Mountain states. We
had something less than 1600 twelve months ago.
Q This percentage of objectors would be 4.B --close to that
number --we will say 5 percent of this 2000?
A No. Of those who answered the form.
ER. SHELTON: Q That was 1600 members at that time?
A But not 1600 living in this locality. This at that time
included a number of members who had retired and had moved either to
California, or more recently into the Phoenix area, or who lived
perhaps by removal from this place which was once their home. We
didn't have 1600 members then in this immediate area.
MR. SHELTON: Q We dohate in the Elks Lodge a Committee that
reviews the applicants who apply for membership in this lodge, and
we are concerned as to the calibre of people we have, and it is
above the average of people in the community?
7
A Very definitely, I feel this is true.
MR. SHULTZ: You may step down.
GORDON LACY,
called as a witness by and on behalf of the Petitioners, having
been first duly sworn, was examined as follows:
EXAMINATION BY MR. SHELTON:
q Will you please state your name, address, and your occupation?
A Gordon E. Lacy, 2601 18th Avenue, Secretary, Greeley Elks
Lodge.
Q
A
Q
For how long have you been the secretary of the Greeley Elks?
Three years.
. Does the Greeley Elks Lodge presently have a license for
the sale of beer from the State of Colorado?
A They do.
q Has the Greeley Lodge had any violation or penalty for the
manner in which they have conducted this license?
A No, not during my term of office.
q Who will be the manager of this club when the new facilities
are occupied?
A Joe E. W. Seger.
Q How old is Mr. Seger, in your opinion?
A 62 years old.
Q What experience has he had in management of restaurants
and bar facilities?
A He has had about 25 years' experience.
Q And why is he not present today?
A He was called back to Iowa by a death in the family.
Q Is he hired on a full-time basis by the Greeley Elks Lodge?
A Yes, he is.
q Do you know what experience he has had in the management
of clubs for the Elks?
A About 17 to 18 years' experience, in particular, Elks clubs.
8
Q He also is a member of the Elks fraternity?
A That is right.
Q How long have you been a member of the Greeley Elks Lodge?
A Six years.
Q During the time you have been a member, have you attended the
social functions of this club?
A Yes, I have.
Q Have you seen the manner of liquor consumed by members there
at dances and activities of that sort?
A Yes.
Q Have you seen any evidence at any time of any misbehavior
of any member, by being drunk or becoming a problem from liquor?
A No, I have not.
Q Does the lodge have facilities for enforcement of proper
behavior by individuals who are members, and guests, too?
A Yes.
Q Your employment as secretary is full-time, too; is that
correct?
A That is correct.
Q If this licensing authority, the Board of County Commissioners,
and the Secretary of State, grant a license for the sale of malt,
vinous and spiritous liquors by the drink to the Greeley Elks Club
as a club license, will you be on the job full-time there when this
is going on?
A Yes.
Q Whatever regulations and instructions as are given by this
licensing authority and by the Secretary of State, will they be
observed?
A Yes, they will.
Q Knowing Mr. Seger, as manager, in your observation of him
do you think there will be any problem with his complying with the
regulations?
A He will comply to the fullest extent.
Q You anticipate no problem at all?
A That is correct.
Q How long have you known Mr. Seger yourself?
A Since January of this year.
MR. SHELTON: I have no other questions.
MR. SHULTZ: No questions.
MR. REED: No questions.
MR. EWING: No questions.
MR. TELEP: No questions.
MR. SHELTON: I would like to call each of the other members
here present, to stand and identify himself and state the position
he has in the lodge. I don't think it's necessary to go through an
involved testimony.
MR. TELEP: Just have them identify themselves and ask them if
they would testify substantially as to what Mr. Tatman testified.
MR. SHELTON: I would like, first, Mr. Ray Reed to stand.
MR. REED: My name is Ray Reed. I live at 2231 9th Avenue.
Retired. I am chairman of the Board of Trustees.
Q (By Mr. Shelton) The Board of Trustees is actually the
club managing board for this lodge?
A It is.
Q How long have you been a member of the Greeley Elks Lodge?
A I have a life membership; 4+4 years.
Q Do you anticipate any problem on the part of your board in
complying with the regulations of this licensing authority and of the
Secretary of State of Colorado?
A I don't see any chance of it.
MR. SHELTON: Mr. Stan Smith. Will you please stand. Will you
state your name, address, and your official office in the Greeley
Elks Lodge?
ER. SMITH: My name is J. Stanley Smith, 2728 Applewood Circle
10
in Greeley. Real estate appraiser with the Federal Housing Ad-
ministration. I am vice chairman of the Board of Trustees of the
Greeley Lodge 809.
Q (By Mr. Shelton) Are you a past officer in this lodge?
A That is right.
Q Past exalted ruler?
A Yes.
Q How long have you been a member of the lodge?
A Better than 17 years.
Q You have observed the social activities of the lodge. Have
you ever observed any misbehavior by any members from matters of
drinking?
A I have not.
Q As a member of the Board of Trustees, it would be your
obligation to enforce disciplinary action against members who
misbehaved from drinking?
A That's correct.
Q You have complied with the lodge licensing authority and
State of Colorado?
A Yes, sir.
MR. SHELTOId: Mr. Percy Odle.
MR. ODLE: Percy P. Odle, Route 1, Kersey, Colorado. Rancher
and farmer.
Q (By Mr. Shelton) Are you presently an officer in the
Greeley Elks Lodge?
A Member of the Board of Trustees.
Q Are you a past exalted ruler?
A Yes.
Q From your attendance at social functions and your experience
as an officer in the past, as a member, and at present a member of
the Board of Trustees, do you anticipate any difficulty with the
membership complying with the regulations of licensing authorities,
11
behavior or consumption of liquor on the new Elks premises?
A I see none.
MR. SHELTON: Mr. Rohrig.
MR. ROHRIG: Theodore Rohrig, 1630 Montview Boulevard, contractor
and builder. I have been a member 17 years.
Q (By Mr. Shelton) What is your present office in the lodge?
A On the Board of Trustees.
Q Do you anticipate any problem that the Greeley Elks Lodge
would have in the enforcement of the regulations of the State of
Colorado and of this licensing authority relating to the consumption
of liquor 'Dy the drink on the new Elks premises?
A I see no problem.
Q Have you, in attending social functions, ever observed any
problems that have arisen from the drinking of liquor on the premises?
A Noy I haven't.
MR. SHELTON: This concludes our testimony, gentlemen. I would
like the record to show that there are no other persons present in
the room making objection to the granting of the application.
,R. SIiULTZ: It is the judgment and decision of this board that
the applicant's request for a club license be granted. Let the record
show that applicant's request for club license shall be granted, and
we hereby instruct the County Attorney to draft a resolution to that
effect. I believe that does it, folks. In behalf of the Board of
County Commissioners, we would like to thank you for the manner in
which you presented your application this afternoon, and we are
adjourned.
12
STATE OF COLORADO)
) ss
COUNTY OF WELD )
I, Henrietta E. Brenner, hereby certify that I am a Certified
Shorthand Reporter, State of Colorado; that a such reporter I took
in shorthand all the proceedings had and done in the foregoing
hearing. I further certify that the foregoing 12 pages to which
this certificate is attached contain a full, accurate and complete
transcript of my notes as taken by me during said hearing.
Given under my hand and seal of office on this the 16th day
of August, 1964.
Henrietta E. Brenner
Certified Shorthand Reporter
Notary Public
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