HomeMy WebLinkAbout680369.tiffBEFORE THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APPLICATION OF THE EATON COUNTRY ) REPORTER'S TRANSCRIPT
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CLUB FOR A LIQUOR CLUB LICENSE. ) October 23, 1968
APPEARANCE S:
MR. JOHN P. DONLEY, Attorney at Law, Greeley, Colorado,
appearing on behalf of Applicant.
MR. SAMUEL S. TELEP, Attorney at Law, Greeley, Colorado,
appearing as County Attorney for
the Board of County Commissioners
Pursuant to Notice published in the Greeley Booster
on September 20, 1963 and October 11, 1968, hearing on the
above application for license was held in the District Court
Hearing Room, Fourth Floor of the Weld County Courthouse at
Greeley, Colorado, on Wednesday, October 23, 1968, at the
hour of 2:00 o'clock p.m., before the Board of County Com-
missioners of Weld County, Colorado, HAROLD W. ANDERSON,
Chairman, and EDWARD L. DUNBAR and HAROLD W. ANDERSON, members.
Whereupon the following proceedings were had, to -wit:
(Whereupon documents were marked Petitioner's Exhibits
A, B, Cr D, E, F and G.)
CHAIRMAN ANDERSON: We call this hearing to order, and
I would turn it over to our County Attorney, Mr. Telep.
MR. TELEP: Thank you, Mr. Chairman. Let the record
show that this hearing is being held on an application by
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the Eaton Country Club for a Club Liquor License at a location
called the Eaton Country Club, and more particularly described
as being located in the north half of Section 30, Township 7
North, Range 65 West of the 6th P.M., lying east of the For
Far Lateral, and more particularly described in metes and
bounds as was duly published in the Notice of Hearing as re-
quired by law, and said legal description containing 127
acres, more or less.
Let the record further show that the Chairman of the
board, Harold W. Anderson, presided. Also present were Mr.
Edward L. Dunbar and Mr. Marshall H. Anderson, the other two
members of the Board of County Commissioners. Also present
was Samuel S. Telep, County Attorney.
The applicant appeared by its counsel, John P.
Donley. All the protestants, if any, in this hearing room
will have an opportunity to identify themselves and present
any evidence that they may have against the granting of this
license to this particular applicant, and we would like the
record to show and reflect the fact that the Board of County
Commissioners, after some lengthy study, decided to set the
neighborhood at a location that is sought to be licensed, as
all of Weld County.
Mr. Chairman, I believe we are ready for the applicant
to proceed.
CHAIRMAN ANDERSON: Mr. Donley.
MR. DONLEY: For the record, we would acknowledge,
first, notice of the statutory 5 -day letter sent by Mr. Samuel
S. Telep on October 3, 1968. Next, we would ask that the
Commissioners take administrative notice that we have complied
with the regulations in regard to the depositing of certain
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checks in the correct amounts with the depositing of diagrams
of the building which now has been 90% completed, and diagrams
are available.
We ask that you take administrative notice, and we
would offer as Applicant's Exhibit E, the proof of publication
in the legal newspaper of the county, the Greeley Booster,
and that the bill has, in fact, been paid prior to the
hearing date.
CHAIRMAN ANDERSON: We will accept this into evidence.
MR. DONLEY: We would call, first, Mr. Arnold Dalton.
ARNOLD J. DALTON,
called as a witness by and on behalf of Applicant, having
been first duly sworn, was examined and testified as follows:
DIRECT EXAMINATION
BY MR. DONLEY:
0.
Would you state your full name and address, please?
A. Arnold J. Dalton. I live at 330 Birch at Eaton.
Q, What is your relationship to the Eaton County Club,
Eaton Corporation, that is the applicant here?
A. I am the president of the Club.
Q. How long have you been president of the club?
A. For four years.
Q. In your hand you are holding what has been marked
Applicant's Exhibit B. Would you identify that, please, for
the Board?
A. I have signatures of 9 people that live immediately
around the area that we are putting our clubhouse up, and they
have signed these whole-heartedly in favor.
Q. Did you explain to them what the petition was?
A. I explained to them what our purpose was.
Q. They understood?
A. They understood.
Q. Did you see them sign their names in front of you?
A. Yes,
Q. You witnessed all those individual signatures?
A. I witnessed all the signatures on these.
Q•
A.
Q.
kind?
Are they permanent residents of the area?
Yes.
They are not transients, migrant laborers of any
A. No migrant laborers, no.
Q. Dil you, in your discussions with them, detect any
opposition from these people?
A. No opposition.
MR. DONLEY: We would ask that Petitioner's Exhibit
B be admitted.
CHAIRMAN ANDERSON: Thank you. We will admit it,
Q. (By Mr. Donley) Mr. Dalton, the progress of the
club and the founding, and so forth, has this been a community
effort?
A. It has been a community effort between Eaton, Ault,
Pierce, Nunn, and the whole area, Greeley. We have members
from Windsor, all the area around.
Q. How long have you lived in that region?
A. 56 years.
Q. Do you as an individual feel there is a need for this
type of recreation outlet in your area?
A. We sure do, because we had a golf course and we
wanted to put in one that was a grass course and we have
increased our play considerable.
Q.
So you think there is a definite recreation and social
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need not only for the town of Eaton, but for the ---
A. Community.
Q. --and the community. You mean as far north as Ault
and perhaps Pierce?
A. That's right.
Q. Would it stretch, perhaps, as far west as Windsor?
A. Yes,
Q. Do you have members there?
A. Windsor.
Q. You think there is going to be a benefit to the entire
county?
A. I think so.
Q.
As you moved around with the petition and talked to
your fellow neighbors, did you have occasion to talk to men
who perhaps had liquor outlets or beer stores there that
might, for some reason, feel an opposition, that you were a
competitor?
A. Well, I talked to one, yes.
Q. Would you identify him, please?
A. It was George Simpson at Ault.
Q.
Did he express any opposition?
A. No, not one.
MR. DONLEY: Mr. Chairman, I have no more questions
of this witness.
MR. ANDERSON: Do the members of the Board have any
questions?
MR. DUNBAR: I have one.
Q. (By Mr. Dunbar) What kind of membership do you have
in this club?
A. We have a little over 200. About 220 members, and
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we have 192 paid up memberships. I mean that are actually
paid up members right now.
0.
You actually have a little over 200 members?
A. About 225.
MR. DUNBAR: That's all.
EXAMINATION
BY MR. TELEP:
Q. How much is a membership?
A. $100 now,
Q. Are you going to charge dues in addition to that?
A. Dues were $50 this year.
Q. $100 to join and $50 a year?
A. Yes,
Q. That is what it is at the present time?
A. Yes.
Q. No assurance it won't be raised?
A. No. That's for sure.
MR. DONLEY: We would call Mr. Howard Robinson.
HOWARD ROBINSON,
called as a witness by and on behalf of the Petitioner, having
been first duly sworn, was examined and testified as follows:
DIRECT EXAMINATION
BY MR. DONLEY;
Q. Mr, Robinson, would you give your full name and
address, please?
A. Howard E. Robinson, 321 Graefe, Ault.
Q. How long have you been a resident of this region?
A. About 30 years.
Q. You are a member of the country club board?
A. Yes,
Q. What is your position?
A. I am vice president.
G
Q. Have you talked to your fellow citizens and people
of the community about the growth of the country club and the
building of the clubhouse and the fact that there would be
hard liquor sold on the premises?
A. Yes, sir.
Q. Have you detected any opposition from anybody?
A. None whatsoever.
Q. Can you give the board your opinion on what the
general feeling is about the need for a club in this area?
A. Well, it's definitely a necessity, I believe. We
haven't had anything of that sort, and I think it is a big
boon for the country up there.
Q• The nearest club facilities similar to yours are in
Greeley at the Greeley Country Club?
A. That's right,
Q.
Do you know about how far away that is from you?
A. Oh, I suppose around 7 or 8 miles.
Q.
Is much of your membership, or are there any members
coming out of the Greeley area?
A. There are a few.
Q.
I show you what has been marked Petitioner's Exhibit
D and ask if you have ever seen this before?
A. Yes,
Q.
Would you describe to the board what this is?
A. That's the sign that was on display, showing we had
a request for a liquor license.
Q•
A.
of the
Q•
Can you describe where this was?
It was posted in front of the building in plain view
road,
What building?
A. In front of the clubhouse.
Q. Is there a road near by?
A. There is a road goes past in front.
Q.
Is it a hard road?
A. Yes, surfaced.
Q. Heavily traveled?
A. Yes,
Q. Was the sign clearly visible from the road?
A. It was, yes.
Q. Did you observe it there?
A. Yes.
Q. Can you tell the board how long that sign was in
position?
A. I can't give you a definite time. It has been there
quite sometime. i don't know just when that was.
Q.
A couple of weeks?
A. About that long or longer.
MR. DONLEY: We would ask that the sign .be admitted
as Petitioner's Exhibit D, and we would at this time also
submit Petitioner's Exhibit C, which is a Polaroid picture
of that sign.
MR. TELEP: Who took that picture?
(Discussion off the record.)
MR. DONLEY: Mr. Carter, who is unable to be here at
this time.
Q. (By Mr. Donley) I am going to ask you something about
the reputation of your fellow club members. Have you known
the members sitting in the room a long time?
A. For several years, yes.
Q. Are they known to be honorable men?
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A. Yes.
Q. They have a good reputation in the community?
A. Yes.
Q. They are businessmen?
A. Yes.
Q. They have raised their families in the community?
A. Yes.
Q. Do you think they would be a part of any immoral or
illegal conduct in the management or conduct of this club?
A. No.
Q. Would you take part in something like that?
A. No,
Q. Do you intend to exercise all your faculties and
facilities in running a good, efficient, honorable organiza-
tion?
A. Yes.
Q.
At no time are you going to bring shame on the entire
community or county?
A. No.
MR. DONLEY: I have no more questions of this
witness.
CHAIRMAN ANDERSON: I have no further questions.
You may step down.
MR. DONLEY: Mr. Doug Galloway.
DOUGLAS N. GALLOWAY,
called as a witness by and on behalf of the Applicant, having
been first duly sworn, was examined and testified as follows:
DIRECT EXAMINATION
BY MR. DONLEY:
Q.
Would you state your name and address, please?
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A. Douglas N. Galloway, 114 Graefe Avenue, Ault,
Colorado.
Q. Are you an officer of this club?
A. Yes, I am treasurer and a director.
Q. You have in your hand a document. Would you identify
that document, please?
A. This is a petition I circulated personally along the
main street of Ault, and witnessed the signatures of the
people signing.
Q. Did you fully explain to them what they were signing?
A. Yes.
Q. Did you find any opposition among the signers?
A. None expressed.
Q. How long have you lived in the community?
A. 20 years.
Q. As you talked with your fellow townsmen and members
of the community, did you indicate to them that the club was
coming along fine and that there would be a liquor applica-
tion?
A. Yes,
Q. Did you hear any loud opposition, people that were
vehemently opposed to it?
A. None expressed to me.
Q. Will you describe what your fellow townsmen told you
with regard to the need or necessity of this facility as a
recreation outlet?
A. I have run into nothing but enthusiasm for the club
and the club was set up as a family club. The membership is
a family membership and the dues are for the full family, not
just for one member of the family, and then additional dues
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for other members, and it has fulfilled a need in that area
that has been lacking for a long time, and I think, as Mr.
Dalton said, it has brought the area closer, t gether, as far
as knowing each other better, and getting along in the sports
world better.
MR. DONLEY: We would ask that the petition marked
Exhibit A be admitted.
CHAIRMAN ANDERSON: Accepted.
EXAMINATION
BY MR. DUNBAR:
Q. Will there be a cafe out there, too, lunches, and
meals?
A. Yes.
Q. Family -type buffet?
A. Yes. It will he mostly on a short order set-up right
at the present time.
Q. Probably be recreational facilities, pool hall?
A. Well, yes, there is to be additional family
recreational facilities built as we go along. That is one of
the requirements FHA set up for us, is to include that.
Q. Kind of a central recreational facility, indoor
mostly?
A. Yes.
MR. DUNBAR: Thank you.
EXAMINATION
BY MR. DONLEY:
Q. Was there anybody else circulating petitions in the
community?
A. Yes. Mr. C. H. Carter from Eaton circulated a
petition, and while I can't verify that these were all his
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he did show me this one he had started.
Q. As you look over that list, can you identify any
names there of long-time friends or associates?
A. Yes. Richard White, Pierce, Colorado; Norman Hanson,
here in Greeley.
Q. These people are personally known to you?
A. Yes.
Q. Have you any reason to believe someone forged their
signature?
A. No, I would not.
MR. DONLEY: We would ask that these be admitted as
Petitioner's Exhibits F and G. Mr. Carter is in Cheyenne,
Wyoming, in a Federal hearing and is unable to attend.
Thank you.
EXAMINATION
BY CHAIRMAN ANDERSON:
Q. In that way you have recreation parlors of any
kind, how would they be kept away from the liquor establishment?
A. Well, the recreational facilities will be mostly
outdoor facilities, and the lunchroom and the other part of that
is on one separate part of the building, and the bar room would
be in a room by itself, sealed off from the view of the rest.
Q. No connection between them.
MR. DUNBAR: I think that is a law, isn't it? Separate
partitions from your regular eating place?
MR. DONLEY: There are separate licenses issued for
a restaurateur and then another license for the selling of the
alcoholic beverage within the restaurant premise. I believe
you are right, Mr. Dunbar. You must keep them separate. They
are two different types of licenses for two different types
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of services.
CHAIRMAN ANDERSON: You may step down.
MR. DONLEY: Gentlemen, at this time I am prepared to
make a brief summation of what has been introduced, if I may.
Are there any other questions you would have?
MR. TELEP: Yes. Do you rest your case?
MR, DONLEY: We would indicate there are some
additional people in the room.
MR. TELEP: Please have them identify themselves, and
ask them if they would substantially testify to what has
already been testified to, in the interests of shortening
the hearing.
MR. DONLEY: Mr. McCarty and Mr. Steele.
MR. McCARTY: I am Les McCarty, 350 Birch, Eaton.
MR. STEELE: I am George Steele, 222 Cottonwood,
Eaton.
MR. DONLEY: Did you gentlemen hear the testimony from
the three other individuals?
MR. McCARTY: Yes.
MR. STEELE: Yes.
MR. DONLEY: Would your testimony be substantially
the same as to the necessity and need for an outlet in this
area?
MR. McCARTY: Yes, sir.
MR. STEELE: Yes, sir.
MR. DONLEY: As to the reputation of the members who
run the club and participate in its activities?
MR. McCARTY: Yes.
MR, STEELE: Yes.
MR. DONLEY: Thank you. I have no more questions.
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MR. TELEP: Do you rest, Mr. Donley?
MR. DONLEY: Yes, we rest.
MR. TELEP: At this time I would like to make another
announcement, At the beginning of this hearing, it was
announced that if there were any protestants against the
granting of the license of this applicant, they would be af-
forded the opportunity to give testimony as to why they were
against it. Again, I ask if there is anyone in this room
against the granting of this license, to please rise.
No one appears to rise. We would like the record to
show that there is no one present at this hearing who is in
opposition to the granting of the license to this applicant,
Eaton Country Club.
All right, Mr. Donley.
MR. DONLEY: Gentlemen, in summation, you have a rare
opportunity. You have the privilege, I think, of granting
to the Eaton County Club the license, and I say it is a
privilege you will bestow on them, but I think it is one you
will look back on later as one of the high points of your
colorful careers, because this is going to be a serious
contribution to the entire county. Everybody will benefit from
it. The gentlemen that spoke today covered all of the
necessary points: need, necessity. They are justified in
receiving your favorable attention. I would ask you to take
notice of the fact that there is no opposition here, and that
the signs were conspicuously placed along the roadway, publi-
cation was had in
widely circulated
to come to oppose
consideration,
the legal newspaper, the petitions were
so there was ample opportunity for people
them. We would ask your very favorable
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CHAIRMAN ANDERSON: You have heard the request.
MR. DUNBAR: Speaking for Dunbar only, I think you
ought to be commended on that undertaking out there, because
it certainly is an asset. However, I will recommend at this
time that we take it under advisement pending the transcript.
CHAIRMAN ANDERSON: Do I hear a second?
MR. MARSHALL ANDERSON: Second.
CHAIRMAN ANDERSON: It has been regularly moved and
seconded that this request be taken under advisement. I will
make it unanimous. Thank you.
STATE OF COLORADO)
COUNTY OF WELD )
SS.
REPORTER'S TRANSCRIPT
I, Henrietta E. Brenner, Certified Shorthand Reporter,
State of Colorado, hereby certify that I took in shorthand
all of the proceedings had and done in the foregoing hearing
on the 23rd day of October, 1968. I further certify that the
foregoing 15 pages contain a full, accurate and complete
transcript of my notes.
Dated: October 24, 1968
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