HomeMy WebLinkAbout700441.tiff BEFORE THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APPLICATION OF GRANT L. PHILLIPS and )
)
DAVID K. LOFGREN, d/b/a THE CIRCUS, ) REPORTER'S
)
for fermented malt beverages (3 .2% Beer) TRANSCRIPT
)
license . )
)
)
APPEARANCE S:
MR. WALKER D. MILLER, Miller , Ruyle, Steinmark & Shade,
Attorneys at Law, 1004A Ninth Avenue, Greeley, Colorado,
appearing for the Applicants ,
MR. SAMUEL S. TELEP, Attorney at Law, Greeley, Colorado,
appearing as ounty Attorney for the
Board of Coun y Commissioners .
Pursuant to Notice published in th Greeley Booster on
September 18 and October 9, 1970, hear'ng on the above
application for license was held in t District Court Hearing
Room, Fourth Floor of the Weld County ourthouse at Greeley,
Colorado, on Wednesday, October 21, 19 0, at the hour of 2 :00
o'clock p .m. , before the Board of Coun y Commissioners , Glenn K.
Billings , Chairman, and Harold W. Ande son, members of the board.
Joseph J. Rusk
Certified Shorthand Rep rter
Weld County Courthou e
Greeley, Colorado
700441
WHEREUPON, the following proceedings were duly
had:
CHAIRMAN GLENN BILLINGS : We will call this
hearing to order.
It's on an application that came before the Board
of Weld County Commissioners by the undersigned people requesting
a retail fermented beverage license , namely 3/2% Beer. And
the applicant is David K. Lofgren.
Mr . Telep, at this time , would you make the
record.
MR. TELEP: Thank you, Mr . Chairman.
MR. MILLER: I might add at this time, to clear
up any misunderstandings , there are two applicants , David K.
Lofgren and Grant Phillips .
MR. TELEP: Let the record show that this hearing
is being held on the application of David K. Lofgren and Grant
L. Phillips , doing business as The Circus , for a retail 3 .2%
fermented malt beverage license for consumption on the premises
only at a location described as the Circus and located at
2630 6th Avenue, Greeley, Colorado, and more particularly
described as being located in the south 215 feet of Lot 10,
Arlington Gardens , Weld County, Colorado. And as I mentioned,
also known as 2630 6th Avenue, Greeley, Colorado.
Let the record further show that this cause came
on regularly to be heard before the Board of County Commissioners ,
-2-
Weld County, Colorado, at the hour of 2:00 o'clock p .m. , on
Wednesday, October 21, 1970, as provided in the. Notice that
was duly published, and as required by law.
Let the record further show that the Chairman
of the Board of County Commissioners , Glenn K. Billings presided.
Also present was Harold W. Anderson. The other County Commissioner
Marshall H. Anderson, being absent. Also present was the
County Attorney, Samuel S. Telep, and also present was Walker
Miller, counsel for the applicants .
Let the record further show that the applicants
appeared in person.
Now, the protestants , if there are any in the
courtroom, may have an opportunity to identify themselves and
present any evidence that they may wish against the granting
of the license to these applicants .
And I would also like to state for the record
that the Board of County Commissioners , after some study,
lengthy study, if you please, decided to set the neighborhood
of the location sought to be licensed as follows , and I quote:
"Beginning at the corner of 22nd Street and 11th Avenue in the
City of Greeley, Colorado; thence south on 11th Avenue to 14th
Street in Evans , Colorado; thence east on 14th Street and 14th
Street extended to the county road; thence north along said
county road to 22nd Street, extended; thence along 22nd Street
west to the point of beginning." And parties living on each
-3-
side of a road of the boundary that has just been described as
the area will be entitled to be heard.
And I would like to also say for the record, and
especially for those people who do not live or own property or
manage a business in this particular area as has been designated
by the Board as the neighborhood, that your testimony will not
be given any weight, and it will be considered as irrelevant
and immaterial because the Supreme Court of the State of
Colorado has stated time and time again that the record should
reflect only the vidence submitted either orally or by petition
of the people living or owning property in the area or people
managing the businesses . And this is dote primarily so that
the record will be a good one , and that it will not be cluttered
with extraneous and irrelevant material.
14uess that everyone understands the ground
rules from that sort statement.
I
Mr !, Chairman, I guess we are ready to proceed,
and if Mr . Miller hasan opening statement, why he may have the
opportunity and ptivilege to do so. If not, he may waive it.
MRk MILLER: I would not make an opening statement.
I Sight observe that , for the record, we would
like to distinguish, as far as the neighborhood is concerned,
s
two different quetions in my opinion. One is who may object.
I think it's clea that people may not come from everywhere and
object. But I think it's also clear that the laws , the Supreme
II
I
-4-
Court has taken cognizance of the fact that an operation such
as this will draw clientele from outside the defined neighborhood.
And certainly this is true in this case, that the neighborhood
as defined is a reasonable one as far as physical proximity is
concerned, but I think it would be unrealistic , and I don't
think anyone would disagree with me that the clientele or the
patrons who do visit outlets in this area come exclusively from
that neighborhood. And I of course would want to make that
point clear. I don' t think we would have any argument about
that.
MR. TELEP: I should mention need. The Supreme
Court has said time and time again that need may be shown,
because if you felt there was not a need you would not be
applying in the first place. And then the desire of the inhabitants
that is the thing that is limited to the area that has been
described.
MR. MILLER: I would like to call as my first
witness Mr . David Lofgren.
DAVID LOFGREN
Petitioner herein, called as a witness by and in his own behalf ,
having been first duly sworn, was examined and testified as
follows :
DIRECT EXAMINATION
BY MR. MILLER:
-5-
Q Now, Mr . Lofgren, for the record would you please state
your full name, age, address and occupation.
A David Lofgren. I am thirty-one years old and I live at
1501 23rd Avenue.
Q What is your current occupation?
A Co-owner of the Library.
Q Are you a United States citizen?
A Yes .
Q Are you a resident of the State of Colorado?
A Yes .
Q How long have you been a resident of the City of Greeley?
A Thirty-one years .
Q And you are the applicant in these proceedings , is that
correct?
A Myself and Grant.
Q Grant Phillips?
A Yes .
Q Do the two of you have any sort of a partnership agreement?
A Yes .
Q Do you plan to operate under a trade name or under your
own individual name?
A Trade name .
Q What is that name?
A The Circus .
Q Now, have you filed, to the best of your knowledge, a trade
-6-
name affidavit with the County Clerk and Recorder?
A Yes .
MR. MILLER: I might inquire at this time, Mr.
Telep, does your record reflect a trade name affidavit and
articles of partnership?
MR. TELEP: It does not. I am not sure. Do you
want to take a look at it?
MR. MILLER: I might state that articles of
partnership have been signed and a trade name application
has been recorded, and we will see that the record is complete
in this regard.
MR. TELEP: Excuse me, articles of partnership
are in the file. You may proceed.
Q (By Mr . Miller, continuing) Do you contemplate having a
manager of these premises?
A Yes
Q What is his name?
A Leonard Young.
Q Does Mr. Young have a financial interest in your partnership?
A No.
Q Will he be strictly an employee?
A Yes .
Q Now, the premises for which you seek a 3 .2 license, are they
commonly known as 2630 6th Avenue?
A Yes .
-7-
Q Do you own or rent these premises?
A Rent.
Q From whom are you leasing the premises?
A Gust Richard Leaf .
Q Do you know the basic terms of the lease?
A Yes .
Q What are those?
A One year, with an option for five years .
MR. MILLER: I would like the record to show that
a copy of the lease is on file with the other papers
concerning the application.
Q (By Mr. Miller, continuing) Do you have an estimate of
the approximate size of the building involved?
A Yes .
Q What is that?
A 50 by 80. Four thousand square feet.
Q Could you describe briefly the internal arrangement of the
building?
A Yes . When you first enter there is a small room carpeted
by the bar, and booths around there . And then off to the
side a game room. And then in the back part of the building
there is a dance floor, bandstand and room for tables and
chairs .
Q Are there any cooking facilities?
A Yes , there is a kitchen.
-8-
Q Is this - -
A Refrigerator and everything .
Q Is this equipment or - - Let me ask you this : Is this
building currently furnished with sufficient equipment for
your operation?
A No. We would have to buy some tables and chairs .
Q Do you have an estimate on how many individuals might make
use of this facility in terms of the ultimate capacity?
A I think two hundred and fifty.
Q That would be the most as far as you know?
A I think so, yes .
Q Now, you have an approximate size on the lot, not the
building itself , but the lot on which it rests?
A Right. The lot, as close as I can tell, I think it 's one
hundred and fifty feet wide and twenty three hundred and
fifty feet deep.
Q And you are leasing the entire lot, is that correct?
A Right.
Q Could you describe briefly the surrounding streets that
either adjoin or come close to the particular lot?
A Yes . There is a service road that is paved that runs right
up to the building. To the south of it running east and
west is a county road which is a dirt road.
Q All right . Now, if you were granted a license, do you plan
to make any improvements?
-9-
A Yes , we do.
Q Do you plan to make improvements , let 's begin with the
interior of the building?
A Yes .
Q Could you briefly describe the nature of these improvements?
A Yes . Recarpeting that front area I told you about. Replacing
some ruined tiles in the ceiling . Painting, cleaning, really
needs cleaning; and buying new tables and chairs .
Q And do you contemplate any improvements on the lot or the
outside of the building?
A Yes . In the lot in back, which has never been used, never
been graded, we plan to grade it all the way to the end of
the property and gravel it.
Q For what purpose?
A For parking. Also put up a street light.
Q Do you plan any other improvements?
A Yes . We plan to put a fence all the way down the length of
the lot along the county road on our property.
Q This would be on the south side of the lot then?
A Yes .
Q Is there any particular reason why you put that fence there?
A To eliminate the kids parking on the county road.
Q Are there any homes either in terms of houses or trailers
in the immediate area?
A Yes .
-10-
Q How many would you say in number?
A Well , there is one, one house that I know of , and about
three trailers .
Q How far are they, approximately?
A Oh, two hundred feet maybe.
Q Which direction?
A South. Across the county road.
Q Would they be separated by this fence again?
A Yes .
Q What other type of buildings or establishments are in this
immediate area?
A To the north is Amco Transmission and the Driftwood.
Q Would it be fair to say that this is basically a commercial
or industrial type area?
A Yes .
Q You say that you would grade and improve the lot for parking
purposes , do you believe that you would have adequate
parking space to serve your facility?
A Oh, definitely.
Q Would this be off of either the county road or the service
road?
A Right .
Q Do you believe that the building itself , after you have made
improvements , would be adequate for the intended purposes?
A Yes .
-11-
Q Incidentally, Mr. Lofgren, were the premises posted by a
sign giving notice of this hearing and of the application?
A Yes .
Q Did you personally supervise the making of that sign and the
establishment of it?
A Yes .
Q Was that sign, did it contain letters at least one inch in
height?
A Yes .
Q Did it give notice that yourself and Mr . Phillips , doing
business as the name of the Circus were applying for a
3 .2 malt beverage license for on the premises sale?
A Yes.
Q And did it inform those who read the sign where they could
make petitions or remonstrances concerning that application?
A Yes .
Q Did it give a date of this hearing?
A Yes .
Q Now, could you briefly describe the nature of the operation
that you would plan to conduct here if you were granted the
license?
A Yes . During the week, well, first of all we plan to sell
food, mainly, sandwiches , a good sandwich menu. We are not
going to get fancy at all. And then we will have enter-
tainment on Friday and Saturday and possibly Sunday. Those
-12-
will be the only times we have a band.
Q Do you specifically plan to have a band?
A Yes, we do .
Q And this will provide for dancing entertainment?
A Yes .
Q Or will it be strictly listening type?
A Dancing entertainment.
Q Could you describe who would be your likely patrons in terms
of age and so forth?
A Yes . The eighteen to twenty one , basically. We get a few
over twenty one .
Q So it would be the young post-high school graduate type
individual?
A Right.
Q Do you believe that they would likely come fran , exclusively
from, the area that has been defined as the neighborhood in
this application?
A No.
Q Where do you believe your patrons would likely come from,
where do you believe they would likely cane?
A From the college area .
Q In and around Greeley?
A Right. From the two campuses , Aims and UNC.
Q Do you anticipate patrons who are non-college students?
A Yes .
-13-
Q Do you believe this type of business operation, light
food, sandwich type operation, with dancing entertainment,
could that be conducted or operated without a 3 .2 Beer
license?
A No.
Q I suppose I should say could it be operated successfully?
A No.
Q Now, if you were granted a license , how soon could you start
business?
A I am not absolutely sure, because we do have a little bit
of remodeling to do.
Q Is there anything beyond your control that would be necessary
for you to obtain financing or anything of this nature?
A No.
Q You have adequate funds?
A Yes , we do.
Q So it would be strictly a question of having the work done
in terms of remodeling and grading?
A That' s right.
Q Building fence?
A Yes .
Q Now, you stated that you were the owner and manager of the
Library Inn. Could you briefly describe what the Library
Inn is?
A Yes , it 's a 3 .2 establishment and we have bands four nights
-14-
a week at the Library, and folk singers two nights a week.
Q Do you have any interest in any other similar establishment?
A Yes . We own a bar in Colorado Springs .
Q What is its name?
A Kelker Junction Concert Hall.
Q Is it a 3 .2 establishment?
A Yes .
Q Are ,both of these establishments on and.off the premises
both?
A No. The one in Colorado Springs is just on the premises .
Q Is the Library for the sale of both on and off the premises?
A Yes .
Q How long have you owned and managed the Library?
A It will be five years January the 3rd.
Q Have you ever had your license, either license, suspended
or revoked?
A No.
Q Have, to the best of your knowledge, you ever been charged
or investigated for any violation of state liquor laws or
3 .2 malt beverage laws?
A No.
Q Have you ever made an application for a 3 .2 malt beverage
license and been denied?
A No.
Q Incidentally, have you ever been charged or convicted of a
-15-
felony?
A No.
Q Now, your answers I assume are directed both to the Kelker
Junction and to the Library Inn, is that correct?
A Yes .
Q Now, what type of patrons generally do you have at the
Library Inn?
A Well , like I said earlier, the eighteen to twenty one year
old college students . And that is eighty to ninety percent
of it. We also get a lot of working kids , too.
Q Most of your patrons live within or out of the defined
neighborhood?
A There are some in the neighborhood. Most of them are not
in the neighborhood.
Q Do you employ a substantial number of persons at the Library?
A Yes .
Q How many?
A On the payroll we have about twenty six .
Q How many are usually present on the premises a.t a given time?
A From eleven to fourteen.
Q Does this include yourself or strictly employees?
A No, strictly employees .
Q How often do you, or how much time do you spend at the
Library Inn yourself?
A Oh, we each get one and a half days off every two weeks .
-16-
Q Could you state whether or not at least one of you, either
yourself of Mr. Phillips is present at all times?
A Yes .
Q One of you is present?
A One of us is always there .
Q And can you state whether or not both of you are there the
majority of the time?
A Both of us are there the majority.
Q So then in addition to eleven to fourteen employees ,
generally the both of you are always there?
A Yes .
Q And it's true , isn' t it, that you have a substantial number
of patrons there?
A Yes .
Q Do you have any difficulty with crowd control?
A No.
Q Do you feel that you have maintained fair control over
large crowds?
A Yes , I do.
Q Now, I assume that you are familiar generally with the area
that includes both the Library and the premises for which
you seek a license?
A Yes .
Q Can you state how many 3 .2 malt beverage outlets exist in
this general area?
-17-
A Yes .
Q How many?
A Six.
Q Would you give their names?
A Yes . There is the Library; Bruins Lair; Classic Lanes ;
Pizza Hut; Pat 's Cafe, and Bears Inn.
Q Do you know how many of these have a license for strictly
on the premises sale?
A Yes
Q How many?
A One.
Q Which one is that?
A Classic Lanes .
Q So there would be only one other outlet that would be
similarly confined to on the premises sale , is that correct?
A Yes .
Q Now, you stated that your planned operation would involve
light food and dancing and entertainment with bands . Can
you state from your own personal knowledge how many other
outlets there are that would have similar entertainment?
A Yes .
Q How many?
A None .
Q What about the Library Inn?
A Well, the Library, yes . The Library is the only one.
-18-
Q Now, are you personally aware of whether other individuals
have made an application for a 3. 2 license on these same
premises?
A Yes .
Q Do you know the approximate date when these applications
were made?
A Yes .
Q What are those dates?
A Oneabout a year ago, I am not positive; and one about two
years ago, as I remember.
Q You are confident that the last - - can you state whether
or not the license was granted or denied to these two
individuals?
A They were both denied.
Q They were both denied. It has been more than a year, has
it not, since it was denied?
A Yes .
Q Now, can you state whether or not there has been any change
in circumstances since the denial of those two applications?
A Yes .
Q Has there been any change in the number of outlets?
A Yes .
Q Are there more or are there less?
A There are less .
Q How many less?
-19-
A Two less .
Q Which two are no longer open?
A The Club Cafe and Shakey's Pizza .
Q So that at the time of the previous denial there were
eight outlets , is that correct?
A Yes .
Q Today there are six. Is there any change in the type or
character of the outlets that are available?
A Yes .
Q What change is that?
A Well, there were two that had entertainment on the earlier
applications . Now there is only one .
Q I assume that one of the others that had entertainment at
that time was the Library. Which was the other?
A The Rainbow Club .
Q And that no longer provides dancing entertainment with
bands?
A No.
Q So there is also a change, a net change of one less of the
similar operations as far as 3. 2 outlets are concerned, is
that correct?
A Yes .
Q Do you consider these changes both in number of outlets and
in availability of outlets with dancing entertainment to be
substantive, is this a substantial change?
-20-
A I think it's a tremendous change .
Q Are there any other factors that you are aware of
personally that have also changed since the last
application which would affect the consideration of this
application?
Was this question too long?
A I don' t understand that .
Q Are there any other factors that you think are important
that distinguish your application from the previous
applications?
A Well, we have been in this business five years , and I
think we know it pretty well. And it is , it 's our , this
is our business now .
Q Are you aware of any increase in demand for the 3.2 outlet
since the denial of the last application?
A Yes . The eeiirollment at the college has grown substantially.
And also at Aims College.
Q Do you know what the approximate enrollment was at the
tine when you first , at U.N.C. , when you first opened the
Library?
A Yes .
Q What was that?
A Sixty five hundred and eighty nine.
Q Do you know the approximate enrollment today of U.N.C.?
A Yes .
-21-
Q What is that?
A Ten thousand six hundred.
Q Are you aware of the approximate enrollment of Aims
Junior College?
A Yes .
Q What is that?
A Three thousand.
Q Was Aims Junior College in existence at the time you
opened the Library Inn?
A No.
Q Was it in existence at the time of the previous applications ,
to the best of your knowledge?
A I believe so, yes .
Q You have then in effect, approximately the six or seven
thousand head difference in the student population?
A Yes .
Q Since you first opemd the Library Inn?
A Yes . Seven thousand.
Q I suppose it's a matter of common knowledge also that the
population generally has increased in the City of Greeley
and the County of Weld?
A Yes .
Q Do you think it would be fair to say that there is an
increased demand for outlets since the last application for
these premises?
-22-
A Yes .
Q In addition to the immediate area , we have talked about
the Library Inn as a similar type outlet. Are there any
other similar outlets that provide entertainment for the
young, the age from let 's say eighteen to twenty five, in
the City of Greeley?
A No.
Q Are there any in the County of Weld?
A No.
Q Are you aware personally of where people of this age would
likely travel if they did not choose to go to the Library
Inn, but sought similar entertainment and a similar 3 .2
outlet?
A Yes .
Q Where do they travel to?
A Denver, Boulder, Fort Collins.
Q So in effect, outside of the Library, they must travel at
least thirty to fifty miles to find a similar outlet, is
that correct?
A Yes, right .
Q Now, you have stated that you run the Library Inn, that
you also are an owner of the Kelker Junction in Colorado
Springs . From this experience, this type of business , can
you state an opinion as a businessman of this type, whether
there is a need for an additional outlet as you have
-23-
described at these premises?
A Definitely.
Q You have no question in your mind?
A No.
Q Mr . Lofgren, are you familiar with the applicable statutes
of the State of Colorado and the rules and regulations of
the revenue service of the State of Colorado pertaining to
the 3 .2 malt beverage outlets?
A Yes .
Q Are you familiar with the age limit?
A Yes .
Q What is that?
A Eighteen.
Q What are the hours?
A You must be closed from midnight to five in the morning.
Q Now, in addition to the - - by the way, in addition to the
age eighteen, is there any other individual, assuming that
he is eighteen or older, that cannot be served?
A Yes .
Q Who?
A An intoxicated person.
Q Now, you stated that you employed a total of twenty six
individuals at the Library Inn. How old are these
individuals as a general rule?
A Well, they run from eighteen to around twenty two, I would say
-24-
Q Have you or can you employ anyone younger than eighteen
years of age?
A No.
Q You talked about contemplated improvements . I believe I
asked you whether or rot you would find it necessary to
obtain outside financing for these improvements . Did I
ask you that question?
A You did, yes .
Q And the answer was "No" is that correct?
A Yes
Q Have you ever taken bankruptcy?
A No.
Q Have you ever been sued for civil debt?
A No.
Q MR. MILLER: I have nothing further.
CHAIRMAN GLENN BILLINGS:
Q Mr . Lofgren, you stated that there were six other
locations , beer outlets in the area. Could we go through
those one at a time .
A Yes
Q And possibly the name and the location, the distance from
the establishment that you wish to open, namely the Circus .
How far would say one, number one location be?
A Now, what is number one?
Q The Library.
-25-
A Well, the Library would be about, oh, three and a half
blocks , possibly four. I am not real sure.
Q All right.
A The Pizza Hut would be about six. And the same with
Classic Lanes , I would say six. Bears Inn and Pat' s
Cafe would each be about four. And Bruins Lair would be
about four.
Q I notice that you did mention that this was legally
signed at the place with standard sized letters . I didn't
see thatin evidence here today.
A It 's still on the building.
MR. MILLER: I didn't know it was required to
be put in evidence .
MR. TELEP: Would you bring it in.
MR. MILLER: How long has that been on the
building?
THE WITNESS: Since October 6th, I think it was .
MR. TELEP: Did you put that on there?
THE WITNESS: Grant put the sign up . I made the
sign and Grant put the sign up.
MR. TELEP: Did you introduce the affidavit of
publication?
MR. MILLER: No. I was going to ask you about
that. I have not received an affidavit of publication.
MR. TELEP: For the record then, you would like
-26-
to make a statement that you would like to introduce
it in evidence?
MR. MILLER: Yes . I would certainly introduce
the sign into evidence. And I assumed that the affidavit
would be here. I will make sure that it is here . I know
it's been published. We will submit it into evidence.
CHAIRMAN GLENN BILLINGS:
Q You also stated, Mr . Lofgren, that there was only one other
licensee of this type in the area . Which one is that?
A The Library.
Q That is the Library. What is the capacity there at the
Library as far as the number of people?
A Around five hundred.
CHAIRMAN GLENN BILLINGS: I also note we had a
great deal of testimony regarding everything but the beer
license . Let the record show that this is an application
only for a 3 .2 beer license and not a dance hall, and
such other things that were brought into evidence.
Is there anything else, Mr . Telep, that you would
like to ask?
MR. TELEP: No.
CHAIRMAN GLENN BILLINGS: Mr. Anderson?
MR. ANDERSON: No.
MR. MILLER: I don' t know whether there is any
procedure to follow if anyone wishes to cross examine.
-27 -
CHAIRMAN GLENN BILLINGS: I might ask if there
is anyone who would want to cross examine, anybody here at
all that would want to ask any questions?
I guess not.
MR. MILLER: You may step dawn.
I would like to call Grant Phillips .
GRANT L. PHILLIPS
Petitioner herein, called as a witness by and in his own behalf,
having been first duly sworn, was examined and testified as
follows :
DIRECT EXAMINATION
BY MR. MILLER:
Q Would you state your name, age, and address , please.
A Grant L. Phillips , 2600 12th Street Road. I am thirty three.
Q What is your current occupation, Mr . Phillips?
A Co-owner of the Library Inn.
Q Are you also the owner of the Kelker Junction in Colorado
Springs?
A Yes
Q Are you a United States citizen?
A Yes , I am.
Q Are you a resident of the State of Colorado?
A Yes
Q How long have you been a resident of the City of Greeley?
-28-
A About fifteen years .
Q Are you an applicant in these proceedings?
A Yes , I am.
Q Have you been present during the testimony of David Lofgren?
A Yes , I have .
Q Have you heard all of his testimony?
A Yes .
Q Do you agree with his testimony?
A Yes .
Q You are in fact a partner of Mr Lofgren, is that correct?
A Yes , I am.
Q How long have you and Mr. Lofgren been associated as partners
in this type of business?
A For five years .
Q Let me ask you specifically, have you ever been charged
or convicted of a felony?
A No.
Q Have you ever applied for a 3 .2 license and been denied a
license?
A No.
Q Have you ever had either of your licenses , either at the
Library Inn or at the Kelker Junction suspended or revoked?
A No.
Q Has there ever been any investigation of violations of any
rules or statutes of the State of Colorado with regard to
-29-
either of these outlets , to the best of your knowledge?
A No.
Q Have you ever taken aut bankruptcy?
A No.
Q Have you ever been sued for civil debt?
A No.
MR. MILLER: Gentlemen, I think essentially the
questions and the answers that I would ask Mr. Phillips
would be essentially the same questions and answers , and
I would think to save everyone 's time, unless you want to
ask him something specifically, I would have no more
questions .
CHAIRMAN GLENN BILLINGS: No, I have no questions .
MR. ANDERSON: I have no questions .
MR. MILLER: You may step down.
I would like to call Mr . Leonard Young
LEONARD YOUNG
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. MILLER:
Q Mr. Young, would you please state your full name, age and
address .
A Leonard Young; 25; 1415 10th Avenue .
-30-
Q What is your current occupation?
A I am a student and employee of the Library Inn.
Q And where are you: a student?
A At Aims College .
Q When do you anticipate graduation?
A About one year from now.
Q How long have you been employed at the Library?
A At the Library it 's been about two years .
Q Have you been an employee of Mr . Phillips and Mr . Lofgren
at Kelker Junction as well?
A Yes , I have.
Q How long were you an employee there?
A Thirteen months .
Q Have you been employed merely as a waiter , or in some
other capacity?
A I was the assistant manager at Kelker Junction.
Q Have you had experience therefore in addition to drawing
beer and collecting money from tables to other aspects ,
the business aspects of this type of an operation?
A Yes , I have .
Q Did you hear Mr . Lofgren testify that they anticipated
using you as a manager should a license be granted at
the Circus?
A Yes , I did.
Q Do you currently have a financial interest or are you an
-31-
interested party in any way other than an employee in
this application?
A No, I am not.
Q You have worked with Mr Lofgren and Mr. Phillips for
three years . Do you have an opinion as to their qualificatims
to operate and run a 3 .2 outlet of this nature?
A Yes
Q What is that opinion?
A I think they are extremely well qualified.
Q How do they handle and get along with people of this age
group from eighteen to twenty five?
A Extremely well.
Q Do you feel there is rapport between the applicants and
young people?
A Yes , definitely.
Q Do you believe that they can maintain order, et cetera ,
on the premises during business hours?
A Yes .
Q Have you ever had occasion to be present when difficulty
has been experienced in one of these outlets?
A Yes
Q How have Mr . Lofgren and Mr . Phillips handled such difficulty?
A As well as can be expected.
Q Is it unusual that there would be difficulties in an outlet
like this?
-32:
A It's unusual at the Library to see trouble . It's not
unusual in other places that I have worked at.
Q Are you a United States citizen?
A Yes .
Q Are you a resident of the State of Colorado?
A Yes
Q How long have you lived in Greeley?
A This time only six motths . I was here six years before
I moved to Colorado Springs .
Q Have you ever been charged or convicted of a felony?
A No.
MR. MILLER: I have no further questions .
CHAIRMAN GLENN BILLINGS: I have no questions .
MR. ANDERSON: No questions .
MR. MILLER: You may step down.
I would like to call Mr. Ted Ross .
TED ROSS
called as a witness by and in behalf of the petitioners , having
been first duly sworn , was examined and testified as follows :
DIRECT EXAMINATION
BY MR. MILLER:
Q Would you please state your name, age and address .
A Ted Ross , 2539 18th Avenue . Fifty three years old.
Vice president of Century Music Company.
-33-
r.
Q Are you familiar with the applicants , Mr. Lofgren and
Mr. Phillips?
A I am.
Q Have you had occasion to do business with them as individuals
running the Library Inn?
A Yes , I have.
Q Could you briefly state whether or not you have an opinion,
and if so, what that opinion is , of their business character?
A Well, I have done business with them since they have had
the Library, and done business with them every week. I
call on them every week two or three times . They are very
prompt paying, whatever bill that they have to pay.
Q Do you have an opinion, a general opinion, as to their
individual character as individuals , moral or otherwise?
A No, I don't.
Q Do you have, let me ask you this , do you do business with
other outlets or similar outlets in the general area?
A Yes , I do.
Q Are you familiar with the demand and needs in this area
for similar outlets?
A Yes , I am.
Q Do you have an opinion as to whether or not there is a need
in this area for an additional outlet of the type described
by Mr . Lofgren and Mr. Phillips?
A Yes , I do.
-34-
Q What is that opinion?
A I think there should be another place .
Q Do you believe that Mr . Lofgren and Mr. Phillips would be
qualified to conduct such another operation or business?
A I do.
Q Are you generally in favor of their application?
A I am.
MR. MILLER: I have no further questions .
CHAIRMAN GLENN BILLINGS: I have no questions .
MR. ANDERSON: No questions .
MR. MILLER: Thank you, Mr Ross .
I would like to call Mr. Raymond Smith.
RAYMOND SMITH
called as a witness by and in behalf of the petitioners , having
been first duly sworn, was examined and testified as follows;
DIRECT EXAMINATION
BY MR. MILLER:
Q Please state your full name, age and address .
A Raymond L. Smith. I am twenty one. I live at 1944 8th Avenue .
Q What is your current occupation?
A Student.
Q At what school?
A University of Northern Colorado.
Q What year are you?
-35-
A Senior.
Q How long have you gone to the University of Northern
Colorado?
A Three years . I am starting on my fourth.
Q Do you belong to any organizations at the university?
A Yes , sir .
Q What are those?
A I.F .C. Inter Fraternal Council, Greek Council.
Q Are you an officer?
A Yes , sir.
Q What officer are you?
A President.
Q Now, while you have lived in Greeley has the size of the
college increased or decreased?
A Increased.
Q Do you have approximate figures in mind since you first
came here and to the present time?
A When I first came here my freshman year I think the college
enrollment was around eight thousand, a little over eight
thousand.
Q And is it correct to say that there is now approximately
ten thousand six hundred students?
A Yes , sir.
Q Are you familiar with the entertainment habits of your
colleagues at the university?
-36-
A Yes , sir.
Q Could you state whether or not students at the university
visit or frequent establishments in the area under question?
A Very much.
Q Are you familiar with the Library Inn?
A Yes , sir .
Q Are you acquainted with David Lofgren and Grant Phillips?
A Yes, sir.
Q Do you have an opinion as to what sort of a 3 .2 outlet of
this type for young people, entertainment and so forth, as
to what sort of an operation the Library Inn is . Do you
think it 's a good or a bad or a fair operation?
A I think it 's good. It 's run very well.
Q Do you have an opinion as to the ability of Mr. Lofgren
and Mr . Phillips to maintain order for a crowd of this
nature?
A I think they run it very well for the size of the crowd that
frequents the place .
Q I believe there was testimony by Mr . Lofgren that many
individuals who didn't go to the Library Inn, for one reason
or another , if they wanted to find similar entertainment
had to travel outside the City of Greeley and outside the
County of Weld . Can you state whether or not that is true?
A Yes, sir .
Q Are you hmiliar with individuals who do travel to other
-37-
places?
A Yes , sir.
Q Do you believe there is a need for an operation in
addition to those currently available in the neighborhood,
or even in the county, do you believe that there is an
additional need?
A Yes , definitely.
Q Perhaps I should be more specific . Is there a need for a
3 .2 outlet that would cater basically to people of the
eighteen to twenty five year age group?
A Yes
Q Would you be in favor of the application of Mr Phillips
and Mr . Lofgren?
A Very much so.
Q Do you feel they would be well qualified to run this sort
of an operation?
A Yes .
Q Mr . Smith, where are you from originally?
A Boulder .
Q Are you familiar with 3 .2 outlets in Boulder?
A Yes .
Q Or in the immediate area?
A Yes .
Q Can you state just in general terms by way of comparison
how many, let 's call it college type 3 .2 outlets for young
-38-
people eighteen to twenty five, how many outlets are
generally available in the Boulder area as compared to the
Greeley area?
A I am not - - I don' t understand how to answer . You want
the number or specific number or what?
Q Oh, just give me a general comparison. How many are
available in or around Greeley, to your knowledge?
A As far as 3 .2 only, only five, six .
Q How many are available with entertainment, dancing and
bands?
A Only one .
Q How many are available in or around Boulder in approximate
number , 3 .2 outlets , with dancing and bands?
A Close to fourteen, I'd say.
Q Are you familiar with the approximate student enrollment
at the University of Colorado?
A I believe it's between fifteen and twenty thousand.
Q This is in Boulder?
A Yes .
MR. MILLER: I have no further questions .
MR. ANDERSON: I have no questions .
CHAIRMAN GLENN BILLINGS: I have no questions .
MR. MILLER: You may step down.
I would like to call Miss Patty Turnbull .
PATTY TURNBULL
-39-
called as a witness by and in behalf of the petitioners , having
been first duly sworn, was examined and testified as follows :
DIRECT ExAMINATION
BY MR. MILLER:
Q Please state your full name, age and address .
A Patricia Turnbull, nineteen; 2521 23rd Avenue Court.
Q Greeley?
A Yes
Q Are you familiar with the applicants , Mr Lofgren and
Mr . Phillips?
A Yes .
Q Are you familiar with the Library Inn?
A Yes .
Q Are you generally familiar with the 3 .2 outlets available
in the general neighborhood of the Library Inn?
A Yes .
Q Are there any other outlets other than the Library Inn
for a 3 .2 on the premises consumption, together with
entertainment or something similar to this , besides the
Library Inn?
A No.
Q Do you have an opinion as to whether or not there is a need
for an additional outlet of this type?
A Yes , I think so.
Q You think there is a need?
-40-
A Yes .
Q Would you be in favor of this application of Mr Lofgren
and Mr. Phillips?
A Yes .
MR. MILLER: I have no further questions .
This essentially again would be duplicating
what is already in the record.
CHAIRMAN GLENN BILLINGS: No questions .
MR. ANDERSON: No questions .
MR. MILLER: I would like to call Mr. David
McKinze .
DAVID McKINZE
called as a witness by and in behalf of the petitioners , having
been first duly sworn, was examined and testified as follows :
DIRECT EXAMINATION
BY MR. MILLER:
Q Please state your full name, age and address .
A David McKinze, 1231 29th Street Road. I am twenty years
of age.
Q What is your current occupation, if any?
A Student .
Q Are you familiar with Mr. Lofgren and Mr . Phillips?
A Yes , sir.
Q Did Mr. Lofgren and Mr. Phillips ask you to solicit or
-41-
aid in solicitation of obtaining signatures on petitions
with regard to their license application?
A Yes , sir .
Q Did you generally supervise the obtaining of these signatures?
A Yes , sir, I did.
(Whereupon, Applicants ' Exhibits A and B were
marked for identification by the court reporter.)
Q (By Mr. Miller , continuing) Mr . McKinze, I hand you what
has been marked Applicants ' Exhibit A and ask you if you
can identify that?
A Yes , sir, I can.
Q Are these petitions which were solicited by you?
A Yes, sir.
Q Are the petitions fastened together with a staple , and on
the front attached with an affidavit, is there an affidavit
on the front of the petitions?
A Yes , sir .
Q Does that affidavit state that you circulated these
petitions on behalf of the applications of Mr . Lofgren
and Mr . Phillips and that you supervised the obtaining of
these signatures and that you have affixed your name to
each page or petition?
A Yes , sir .
Q And does that petition state in general that the individuals
who have signed the petition either are residents , property
owners or work or manage a business in the area which has
-42-
been defined as the neighborhood?
A Correct, yes , sir.
Q Does each petition contain not only a signature, but a
name and address?
A Yes , sir.
Q Are you aware of any individual under the age of eighteen?
A No, sir.
Q Are the ages generally young or old?
A They range from eighteen to ninety two.
MR. MILLER: We would offer Applicants ' Exhibit A .
CHAIRMAN GLENN BILLINGS: Accepted.
Q (By Mr . Miller, continuing) I hand you what has been
marked Applicants ' Exhibit B and ask you if you can identify
that?
A Yes , sir .
Q Is this also a collection of petitions fastened together
with an affidavit, which states in essence again you
circulated these petitions and that you affixed your name
to each and every page?
A Yes , sir.
Q This is a different petition, is it not?
A Yes , sir .
Q Does the petition in sum and substance say that the
individual did not live or own property or work in the
area defined as the neighborhood, but nevertheless are
-43-
of the opinion that there are inadequate facilities , and
that they are in favor of another 3 .2 malt beverage
outlet, in particular, that of Mr. Lofgren and Mr Phillips?
A Yes , sir .
MR. MILLER: Now, if I might, in tendering this
exhibit explain briefly to the Commission. I know that
in the collection of signatures there is often a hassle
on this type of thing, and I think we have made an effort
to separate as clearly as possible those who have signed
the petition who live within the area or work, as defined
from those who would frequent the area and seek to
support the application. Now, in addition, I would like
to mark for identification and introduce, I suppose for
our convenience, but also for those who collected them
who are in school, all the other affidavits that are
signed and notarized, and petitions again are separated
in terms of those who live or work within the area from
those who do not that would be in favor. I would like
to tender these as sworn to in the collection of signatures
on a petition similar to those presented.
(Whereupon, Applicants ' Exhibits C, D and E
were marked for identification by the Court
Reporter .)
CHAIRMAN GLENN BILLINGS: Accepted.
MR. MILLER: Thank you.
-44-
Q (By Mr. Miller , continuing) Mr . McKinze , did you have
occasion to count the number of signatures that were
involved or that are on the petitions of individuals
who live or work within the area defined as the
neighborhood?
A Yes , sir.
Q What is that number?
A Two hundred and thirty eight.
Q Did you have occasion to count the number of individuals
who do not work or live in the area but nevertheless
signed the petition in favor?
A Yes, sir.
Q What was that number?
A Four hundred and seventy seven.
Q Is it not true that you spent merely a few days in
collecting the signatures?
A Yes , sir.
MR. MILLER: I have no further questions .
MR. ANDERSON: I have no questions .
CHAIRMAN GLENN BILLINGS: Mr. McKinze, where
do you live?
THE WIINESS: 1231 29th Street Road.
CHAIRMAN GLENN BILLINGS: This is in the area
described as the neighborhood?
THE WITNESS: I believe it's a little too far
-45-
r-.
south. No, it 's not, because it goes all the way down
to Evans , the first road there in Evans , which 11th Avenue
dead ends to going south. But it is on the right side of
11th Avenue going south. Cunningham Apartments .
Q (By Mr . Miller, continuing) I might ask you, what are
the Cunningham Apartments?
A Basically student housing.
Q Do a lot of individuals live there?
A Yes, sir.
Q Did you collect signatures from those individuals as
residents of the area?
A No. As outside of the area .
Q Even though it actually is just across the street, is
that correct?
A Yes , sir.
MR. MILLER: I have no further questions .
CHAIRMAN GLENN BILLINGS: I have no further
questions .
MR. MILLER: You may step down.
(Whereupon, Applicants ' Exhibit F was marked
for identification by the Court Reporter.)
MR. MILLER: I tender Applicants ' Exhibit F .
CHAIRMAN GLENN BILLINGS: We will accept that
in the record.
MR. MILLER: The record should also contain the
-46-
floor plan that was filed with the application.
CHAIRMAN GLENN BILLINGS: Yes .
MR. MILLER: It is my understanding also that
both the county and state applications are on file, and
the checks have been deposited.
CHAIRMAN GLENN BILLINGS: Yes .
MR. MILLER: I have no further witnesses to
present at this time. I would reserve the right to make
a brief closing summation after any protestations , if any.
CHAIRMAN GLENN BILLINGS : At this time then we
would ask if there is anybody here present who are
protestants , or against the application? Yes , sir, at
this time if you would like to come forward and state
your name .
MR. NELL: My name is Roger W. Nell.
CHAIRMAN GLENN BILLINGS: Would you be sworn
please.
ROGER W. NELL
protestant, having been first duly sworn, testified as follows :
EXAMINATION
BY MR. TELEP:
Q Where do you live, Mr. Nell?
A It 's not where I live, it's where my business is . It 's
next door to the Circus , 2620 - -
Q That is where your business is?
-47-
A Yes .
Q All right . What is your address , where do you live?
A 1701 18th Avenue.
Q All right. You are here against the granting of this
license, is that correct?
A That's correct.
Q All right . Would you tell the Board why you are against
the granting of this license?
A From just past experience when the Strob was in full swing
I experienced nothing but grief in my business . Broken
windows , beer bottles , even a little bit of dope now and
then. I couldn' t prove it, of course.
Q What business are you in, for the record?
A Amco Transmissions .
Q Amco Transmissions?
A Right.
Q And this is right next door, is that correct?
A This is correct.
Q You have heard testimony from the other people, you were
here all the time the other people testified in favor?
A Yes .
Q And if you will remember they all testified that there was
a need for this particular type of business . Obviously
you disagree with that, is that correct?
A I disagree with the location. I just don't want it next
-48-
door to me.
Q You just disagree with the location?
A Just for the simple reason I had so much grief with the
last youngsters .
Q That is the only purpose you are here?
A That's correct. And also to represent these folks who
are in the immediate neighborhood.
Q Well, we will get into that.
Do you feel that the area is adequately served
by this type of business location?
A I have no feeling for it one way or another.
Q I asked you twice and twice you said that . That is fine
and dandy.
You have with you here , I don't know what it is ,
but we will identify it. It looks like a petition, is
that correct?
A I would say so.
(Whereupon, Protestant's Exhibit 1 was marked
for identification by the Court Reporter.)
Q (By Mr. Telep, continuing) I present to you what has been
marked as Protestant's Exhibit 1 aid ask you what this is?
A This is a petition denying a 3 .2 beer joint to Grant
Phillips and. Mr. Lofgren, and this petition was made
sometime back where it also had Alan L. Corn, Jr. , on it.
Q Excuse me. I would like to interrupt , for the record. We
-49-
don't want to talk about the Strob or anything like that.
We are talking about - -
A No, this is not the Strob, this is for the Circus .
Q You are talking about a Mr . Corn?
A Yes . He originally was on the petition here.
Q I see. Well, of course you realize , don't you, that only
two persons are on this particular application, and it
does not include Mr . Corn, you realize that?
A This is correct, yes .
Q So, in other words , this is a petition asking that the
Board of County Commissioners deny this application, is
that correct?
A I don't quite understand you.
Q In other words, is this a petition against the granting
of this location?
A Yes .
Q I said it in different language.
Now, did you circulate this petition personally?
A No, I did not.
Q Well, go ahead. Well, who did circulate it?
A Mr . Ray.
Q Who?
A Mr. Ray.
Q Is he in the room?
A Negative.
-50-
Q Is there an affidavit as to his circulating this?
A No.
Q Do you know how many signatures you have on this particular
exhibit that has been marked?
A Mr. Ray told me there was one hundred names on it.
Q But you don't know yourself?
A I didn' t count them.
Q I see, and you can't testify to the authenticity of these
signatures either, can you?
A A number of them I cant . . yes . The rest of them, no.
Q You didn't see them sign it?
A That's correct.
Q Okay. You heard the other witnesses testify that there
were at least six or seven locations where 3 .2 beer is
sold, did you not?
A Yes .
Q That was correct, you agree with that?
A I never counted them.
MR. TELEP: I have no further questions .
CHAIRMAN GLENN BILLINGS: No questions ,
MR. TELEP: Would you, for whatever it's worth,
would you like to present this Protestant's Exhibit 1 into
evidence?
THE WITNESS: Yes .
MR. MILLER: I think he has sufficiently explained
-51-
what these exhibits are. I think Mr. Telep 's questions
have covered this, and I have no purpose in cross examining.
But I would certainly object to the admission of this.
First of all , it did not pertain to this particular
application. I know that the same names are involved,
but this was an application that was filed and withdrawn
probably - - one of the reasons Mr . Ray - - I don' t mean
to say this is testimony or anything like this , this is
strictly trying to explain in_. a logical fashion what has
happened here. Mr. Ray,and probably for good cause, was
not in favor of Allen Corn, and I will recall one of the
applicants to explain this transaction. But this is what
I am sure , if Mr. Ray did collect these signatures , that
is what it was for, with regard to Mr. Corn. It doesnot
pertain to this particular application. The witness has
testified that although he is familiar with some signatures
he did not himself personally solicit these signatures .
Further, there was no affidavit. I think that the exhibit
as tendered should not be admitted as competent evidence to
be considered by this Board.
I think that would be the extent of my objection.
Thank you.
MR. TELEP: Mr. Chairman, I feel that the record
is well noted for the objection of Mr. Miller. However , I
would like to recommend that the objection be overruled and
-52-
r.
that the exhibit be admitted for whatever it's worth.
CHAIRMAN GLENN BILLINGS: We would overrule the
objection and accept it for whatever may be contained in it.
I have no questions .
MR. ANDERSON: I have no questions .
MR. MILLER: I would like to recall Mr . Lofgren
just by way of brief explanation perhaps of what has been
presented here .
DAVID K. LOFGREN
Petitioner herein, called as a witness by and in his own behalf,
having been previously duly sworn, was examined and testified
as follows :
DIRECT EXAMINATION
BY MR. MILLER:
Q Mr . Lofgren, are you familiar with when this operation
was known as the Strob?
A Yes , I am.
Q Was it a 3 .2 outlet?
A No, it was not .
Q I think you heard the objector speak of beer bottles and
so forth. Do you believe you have a logical explanation
for the existence of those beer bottles?
A Yes , I do.
Q What would that be?
-53-
A Well, since it was a teenage place they had no 3 .2 beer
license. There could be no drinking of beer inside because
there was no age limit. Anybody could go in the place. So
all the high school kids came to the place with their beer,
drank it in the car, because they couldn't take it in the
place . When they drank their beer they threw it out the
car.
Q Would you agree that the business known as the Strob that
was conducted at these premises had its problems , to your
own knowledge?
A Yes , it certainly did.
Q And do you see any reason why your operation should be
even remotely similar to the Strob operation?
A None at all.
Q With regard to a Mr . Corn, was it true that he originally
was joining you in an application for a license on this
premises?
A Yes .
Q And was his name withdrawn?
A Yes .
Q Was it withdrawn at your request?
A Yes .
Q Was it withdrawn because you felt there was some question
as to his qualifications?
A Yes .
-54-
MR. MILLER: I have no further questions .
CHAIRMAN GLENN BILLINGS: I would like to ask a
question of Mr . Lofgren. What, possibly what type of
provisions are you going to provide as far as property
owners within the vicinity regarding litter as an owner
such as Mr . Nell has stated?
THE WITNESS: There will be some litter barrels - -
here is what happens there . We won't have any off the
premises sales so they come in to our place . They will
come in the place and drink the beer and we won't sell
them anything to go. There will be none. We can't . And
if a few happen to have beer in their car from some other
place and come to our place and throw it out, there may be
a few beer bottles , we will go out every night and pick
those bottles up. But there will be nowhere near the
bottles as when the Strob was in operation. And I think
when you talk to some people who lived around there,the
worst litter problem occurred when the Strob was in operation,
which wasn' t even a licensed beer outlet. When it was
preyioasly a beer licensed outlet there wasn.'t near the
litter problem as when the Strob was in operation, for
the simple reason the kids drank out in the car and then
went in.
CHAIRMAN GLENN BILLINGS: Do you find you have
the same problem at the Library?
-55-
THE WITNESS: Yes, we do have it, because we sell
beer to go. And a lot of kids , we have a big litter problem
and we try to keep it cleaned up as well as we can. I don' t
think that problem will arise at the Circus because we won't
be selling it to go .
CHAIRMAN GLENN BILLINGS: I have no further
questions .
MR. MILLER: I have nothing further to present.
CHAIRMAN GLENN BILLINGS: I would like to make
one observation at this time. I see one name on the
petition, a Mr. Billings ,and I would like the record to
show that the name of Billings on this one petition is no
relation to me whatsoever.
MR. MILLER: We have no further witnesses .
CHAIRMAN GLENN BILLINGS: At this time I would
like to ask if there is anyone else in the room who is
against the approving of this application? Let the record
show that there is one person against the application of
granting a 3 .2 license.
At this time I would like to a3k how many people
there are in the room who are in favor of the granting of
this license? Let the record show that there are eight
people present at this hearing in favor.
MR. MILLER: I suppose it 's a compulsion of
lawyers , but I do want to summarize briefly.
-56-
First of all I think the application of Mr .
Lofgren and Mr. Phillips , on its own merits , should be
granted. I don't think there is any question about the
moral character or the business reputation or the financial
responsibility of these gentlemen. I think it 's high.
One thing I didn 't mention I might at this time, I think
the record does have three letters of recommendation.
I think I should recommend to you to read the one from
the bank. I have seen form letters of recommendation, and
this is anything but a form letter of recommendation. I
think the people who have done business with Mr . Phillips
and Mr . Lofgren have the highest opinion of them. As far
as the needs of the neighborhood and the desires of the
inhabitants , this has all obviously been evidenced by the
petitions and the testimony that has been presented . There
has been opposition, and the gentleman that did speak in
opposition, I am glad he did speak in opposition. I would
make this comment, I think it takes courage. A lot of
people sit at home and complain and don't have the courage
to come down and say anything. I understand his fears . Bitt
I think his fears have been answered and I don't think
there should b. any confusion between the type of operation
that these gentlemen would run and whatever the Strob was .
The evidence is clear that the outlets have decreased since
you last denied an application, not only in absolute number,
-57-
but in type of outlet. That is to say there were eight
outlets at the previous time. Now there are six. And,
further, there were two dancing entertainment outlets ,
now there is one. And if you add to this the tremendous
growth of which we are all aware of , of the students or
younger population in the City of Greeley, and the basic
fact that is also in evidence, that there is not only not
another operation of this type in the area , there is not
another operation of this type in the entire county. I
won' t belabor the evidence and the qualifications of these
gentlemen and so forth any further. But I do feel I would
be remiss if I didn't, in addition to pointing out the
factual distinctions in terms of increased demand and
decreased outlets , point out that this particular building
has been tainted I think ever since the days of the Pussy
Cat A-Go-Go, whatever that was . These gentlemen are not
going to be some guys who fly into town and fly out . They
are gentlemen who have lived in this city for at least
fifteen years , have an excellent reputation, have excellent
financial standing, have all the qualifications in the
world to run this type of an operation. We are not going
to have that happen where a guy comes in and then flies out
leaving all sorts of debts .
Further, they are the type of individuals who
can run this type of operation and control it, and you are
-58-
not going to have a Strob type operation. I know that the
reputation that has been associated with this particular
building is bad. But I can only ask you to take that not
into your consideration, but consider only the ability and
the qualifications of these gentlemen, the well defined
need and the decreased number of outlets as compared to
the substantial increase in demand.
I urge on you that you grant them their
application. These men are unquestionably, if you are
going to give a 3 .2 license, these are the type of
individuals who should be running this type of an operation.
So that unless you say, as a moral stand, that there should
be no 3 .2 application, you can find no better individuals .
Thank you for your time and patience.
CHAIRMAN GLENN BILLINGS: Do you have any other
comments that you want to make?
MR. MILLER: I will furnish you with the sign.
I think that is the only thing you have indicated you
wish.
CHAIRMAN GLENN BILLINGS: Then at this time I
would ask for a recommendation, Mr . Anderson.
MR. ANDERSON: Mr. Chairman, I move we take this
under advisement so that we can study these petitions as
well as statements that have been made.
CHAIRMAN GLENN BILLINGS : I will second that.
-59-
That makes it a unanimous vote by this Board that we take
this application for a 3 .2 beer license under advisement.
You will be notified of our decision.
We will call this hearing closed.
(Whereupon, the hearing was concluded at
3 :30 o'clock p.m.)
-60-
BEFORE THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APPLICATION OF GRANT L. PHILLIPS and )
)
DAVID K. LOFGREN, d/b/a THE CIRCUS, )
) REPORTER 'S CERTIFICATE
for fermented malt beverages (3 .2% Beer))
)
license. )
STATE OF COLORADO )
ss .
COUNTY OF WELD )
I, Joseph J. Rusk, Certified Shorthand Reporter, State
of Colorado, hereby certify that I took in shorthand all the
proceedings had and done in the foregoing hearing on the
21st day of October, 1970. I further certify that the
foregoing 60 pages contain a full, accurate and complete
transcript of my notes .
J ph J. Rusk, C/,G S R•
Dated this 30 day of t12c.464-1J , 1970.
Greeley, Colorado
-61-
Hello