HomeMy WebLinkAbout750514.tiff 1 BOARD OF COUNTY COMMISSIONERS
2 COUNTY OF WELD
3 STATE OF COLORADO
4
5 LIQUOR LICENSE HEARING FOR
JOHN E. MARTINEZ, DBA GILL ) REPORTER'S TRANSCRIPT
6 RECREATION CENTER ))))
7
8
9
10 APPEARANCES
11 FOR THE COUNTY: Samuel S. Telep
Attorney at Law
12 First National Bank Bldg.
Greeley, Colorado 80631
13
FOR THE PETITIONER: Pro Se
14
15
16
17 This matter came on for hearing before the
18 Board of County Commissioners , County of Weld, State of
19 Colorado, at 9: 00 a.m. on Monday, October 6 , 1975 , at
20 the Weld County Health Department Building, 1516 Hospital
21 Road, Greeley, Colorado, for the purpose of considering
22 the application for a liquor license by John E. Martinez,
23 DBA Gill Recreation Center, Box 27 , Gill, Colorado 80624.
24
25
Barbara Billings
Shorthand Reporter
Platteville, Colorado
LCooa9
750514
1 PROCEEDINGS
2 MR. BILLINGS: I call this hearing to order
3 at approximately 9f; 00 a.m. , October 6, 1975. This is a
4 request by Gill Recreation Center for a 3.2 beer license
5 for consumption both on and off premises. Mr. Telep,
6 will you make the record?
7 MR. TELEP: Thank you, Mr. Chairman.
8 Let the record show that this hearing is being held
9 on the application of John E. Martinez, doing business
t0 as Gill Recreation Center, P.O. Box 27, Gill, Colorado.
11 Is that correct?
12 MR. MARTINEZ: Yes.
13 MR. TELEP: This is for a retail 3.2
14 fermented malt beverage license for consumption both on
15 and off the premises at the above location, and said
16 premises are more particularly described as being the
17 Ell Lot 11 and all of Lot 12 in Block 6 in the unincor-
18 porated town of Gill, Weld County, Colorado. Let the
19 record show that this cause came on regularly to be heard
20 by the Board of County Commissioners , Weld County, Colo-
21 rado, at the hour of 9:00 on October 6, 1975 , as provided
22 in the notice of the hearing that was duly published as
23 required by law. Let the record further show that the
24 Chairman of the Board of County Commissioners , Glenn K.
25 Billings , presided. Also present were Roy Moser and
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1 Victor L. Jacobucci, the other two members of the Board
2 of County Commissioners. Also present was the county
3 attorney, Samuel S. Telep. The applicant was present
4 in person. However, he was not represented by counsel.
5 If there are any protestants in the room, for the
6 record I would like to state that they would be given
7 their opportunity to testify against the granting of
8 this license , and by the same token, if there are any
9 proponents in this room, they will have an opportunity
10 to testify in favor of the granting of this license.
it I would like to also state for the record that the
12 Board of County Commissioners , after some study, decided
13 to set the neighborhood of this location where this
14 beer will be sold and this license will be given, if it
15 is granted, a legal description as follows; and it's
16 all of the platted area in the unincorporated town of
17 Gill in Weld County, Colorado, and consisting of a total
18 of 25 blocks , all that are shown on the plat , and as it
19 is recorded in the Office of the Weld County Clerk and
20 Recorder. I would also like to say for the record, and
21 especially for those people who do not live or own pro-
22 perty or manage a business in this area as has been desig-
23 nated by the Board as the neighborhood, that the testimony
24 as far as the desires of the inhabitants is concerned
25 will not be given any weight. It will be considered
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1 irrelevant and immaterial, because the Supreme Court of
2 the State of Colorado has said time and time again that
3 the record should reflect only that evidence that is
4 submitted either orally or by petition of the people
5 living or owning property or managing their business in
6 the area to show the desires of the inhabitants. Of
7 course, this is done in order that the record shall not
8 be cluttered with irrelevant and immaterial types of
9 evidence, and I would like to also, for the record,
10 state that usually in cases of this type , there are two
11 types of petitions. One is a petition to show desires
12 of the inhabitants of the area , and as mentioned pre-
13 viously, this is done by petition or by personal testi-
14 mony, and it's done usually by people who live in the
15 area , and I reiterate, or those who own property or manage
16 a business. There is another type of petition that can
17 be brought in or the testimony can be personal, and
18 that 's to show need in the area , and that's done by
19 persons who do not necessarily live there or own pro-
20 perty or manage a business , but people who frequent the
21 area or a certain business and so on.
22 With that , Mr. Chairman, I believe we are ready to
23 proceed, and inasmuch as Mr. Martinez does not have coun-
24 sel, with the permission of the chairman of the Board and
25 the other commissioners , I will try to elicit whatever
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1 testimony is desirable in order that the record can be
2 made.
3 MR. BILLINGS: Please go ahead.
4
r r ..
5 JOHN E. MARTINEZ
6 being produced, and being first duly sworn, was examined
7 and testified as follows:
8 EXAMINATION
9 BY MR. TELEP:
10 Q Would you please state your name and your
II address?
12 A John Martinez, Gill, Box 27.
13 Q And what's your occupation, Mr. Martinez?
14 A Just that business I got.
15 Q You operate a business in Gill?
16 A Yes.
17 Q And it's called the Gill Recreation Center?
18 A Yes.
19 Q Is that place licensed now?
20 A Yes , sir.
21 Q Do you have a license there now?
22 A Yes.
23 Q What kind of license?
24 A It's one just to sell beer.
25 Q Just to sell 3.2 beer?
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1 A 3. 2 beer.
2 Q And to drink it on the premises?
3 A Right.
4 Q And you can not take it out?
5 A No.
6 Q All right, assuming that , if this Board allows
7 this license , that you want now, to drink on the premises
8 and also to take out, if that should happen, would you
9 be willing to give up your old license?
10 A Yes , sir.
11 Q ' The one you have now that just says you drink
12 on the premises?
13 A Right.
14 Q If they should give you this license, if they
15 do, you are willing to give this one up?
16 A Right.
17 Q All right , fine. How long have you been in the
18 business?
19 A Fourteen years.
20 Q Fourteen years? Do you ever have any trouble
21 up there?
22 A Never.
23 Q Who helps you run this business?
24 A My wife , my daughter, my sons.
25 Q And they are all over 18 years old?
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1 A Oh, yes , sk.
2 Q I know your wife is , but I don't know about
3 your daughters and sons.
4 A Everyone is over 18.
5 Q Okay. Now, Mr. Martinez, I will show you an
6 instrument here entitled Petitioner's Exhibit A.
7 MRS. MARTINEZ: I made it, see. To the
8 Honorable Board of County Commissioners of Weld County,
9 Colorado. We , the undersigned citizens of the City of
10 Gill, Weld County, Colorado, are in favor of the beer
11 license for off and on the premises , John E. Martinez'
12 place known as Gill Recreation Center.
13 Q Okay, thank you. I am going to ask you, John,
14 did you circulate this personally?
15 A Yes , sir, In the place. Most of them were
16 inside the place.
17 Q Did your wife?
18 A Some.
19 MRS. MARTINEZ: I just did a few.
20 Q All right. Let me get him first. John, I
21 will show you an instrument marked, a petition called
22 Petitioner's Exhibit A for identification purposes.
23 It's already been identified, and I ask you to tell the
24 Board what this is.
25 A What do you mean, sir?
., 7 .
1 Q I see a bunch of names on here and I counted
2 them, and it shows fifty names. These fifty names are
3 signed here. Are they people that signed so you will get
4 your license?
5 A Right.
6 Q Is that what it is?
7 A Yes.
8 Q Did you see these people sign their names?
9 A Yes.
10 Q Yourself, personally?
11 A Yes , sir.
12 Q And you know for a fact that all these people
13 are over age 18?
14 A I--
15 Q I notice it says different ages , that shows
16 their ages and when they signed it.
17 A Correct.
18 Q And on this side there are more names and all
19 these signed?
20 A Right.
21 Q Those that didn't sign in your presence--you
22 are under oath--that your wife saw them signed?
23 A Yes.
24
25
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1 LUCY MARTINEZ
2 being produced, and being first duly sworn, was examined
3 and testified as follows:
4 EXAMINATION
5 BY MR. TELEP:
6 Q Would you please state your name and address?
7 A Lucy Martinez, Box 27, Gill, Colorado.
8 Q You are the wife of the petitioner?
9 A Yes , sir.
10 Q You have heard him testify that he saw most
11 of these people sign and they signed this , Petitioner's
12 Exhibit A?
13 A Yes , sir.
14 Q Everything that he has said so far, in your
15 opinion, is the truth?
16 A Yes.
17 Q All right , I want you to take a look at this
18 Petitioner's Exhibit A and look at some of those names.
19 You had some of those names signed in your presence?
20 A These last ones.
21 Q How many?
22 A Let me see. He had these. These were signed
23 at the pool hall. (indicating)
24 Q Twenty-two?
25 A Yes , twenty-two, and these other ones I went
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1 to some places. I didn't go to all the houses because
2 not all the people come to the pool hall.
3 Q Did any of the people refuse to sign it?
4 A No.
5 Q They were all in favor?
6 A They signed it right away.
7 Q So you are saying that your husband caused
8 twenty-two people to sign and he witnessed their signa-
9 tures , and you had the other twenty-eight?
10 A Yes.
11 Q There are fifty in all?
12 A Yes.
13 Q Okay. Now you want me to put this into the
14 evidence, don't you?
15 MR. MARTINEZ: Yes , sir.
16 MR. BILLINGS: We will accept this as Peti-
17 tioner's Exhibit A.
18 ,. -
19 CONTINUED EXAMINATION OF JOHN MARTINEZ
20 BY MR. TELEP:
21 Q Mr. Martinez, I will show you another piece
22 of paper, another instrument entitled--it's a petition
23 and for identification purposes , it has been marked
24 Petitioner's Exhibit B, and I took the time while we
25 were doing other things to count the names , and there
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1 are fifty-three names on this petition. I am going to
2 ask you what this Petitioner's Exhibit B means. They
3 are names of people?
4 A Yes , sir.
5 Q But they don't live in town, do. they?
6 A Well, not all of them.
7 Q And they come to see you quite often?
8 A Yes , sir.
9 Q They drink beer in your place?
10 A Yes , sir.
11 Q Did they ever ask you why you don't have beer
12 to sell to take out?
13 A Right.
t4 Q And what do you tell them?
15 A Can't.
16 Q That 's the right answer.
17 A Just can't.
18 Q All right, did you circulate this petition
19 yourself?
20 A Yes , sir.
21 Q You saw the people sign it?
22 A Yes , sir.
23 Q Before you, and you can say to this Board they
24 were all over 18 years of age?
25 A Yes , sir, every one.
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1 Q Did your wife help get some of these signa-
2 tures?
3 A None of these.
4 Q All these were signed in your place, in the
5 tavern?
6 A Inside the place.
7 Q People who come in and buy beer and peanuts?
8 You throw it at them and they sign it?
9 A Yes.
10 Q Did some of them ask what this was?
11 A Yes.
12 Q And you would tell them?
13 A Petition. They just asked.
14 Q I had counted fifty-three names. Would you
15 say that would be right?
16 A Yes.
17 Q A lot of these people I notice live in Greeley
18 and Gill and Kersey.
19 A They come over there.
20 Q They come to your place; right?
21 A Yes.
22 Q And they want you to have beer to also take
23 out; is that correct?
24 A Yes.
25 Q You also want this to go into the evidence,
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1 too, don't you?
2 A Yes.
3 Q I am doing this for you because you have no
4 lawyer.
5 A Yes , sir. I can't afford one.
6 Q This is Petitioner's Exhibit B, signed by
7 people who don't necessarily live in the area , but
8 frequent the business and show need.
9 MR. BILLINGS: We will accept this as Peti-
10 tioner's Exhibit B.
11 MR. TELEP: Mr. Chairman, it 's my under-
12 standing that we don't have an affidavit of the notice
13 of hearing, but it 's my understanding that it has been
14 done and paid for and it will be a part of the record.
15 However, it 's still not part of the record. It will
16 be the affidavit of publication of the notice of hearing
17 today, and we might as well give that Petitioner's Exhibit
18 D. It will be given D.
19 Q (By Mr. Telep) Mr. Martinez, I show you a
20 big sign here , really big. It says , "Notice. Pursuant
21 to the liquor laws of Colorado, Jahn E. Martinez, doing
22 business as Gill Recreation Center, Box 27 , Gill, Colo-
23 rado," and it says you requested a license to be placed
24 in your place of business , S'1 of Lot 11, all of Lot 12 ,
25 in Block 6 , and you are asking to dispense 3.2 beer both
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1 on and off the premises, and all these big words , and
2 place of hearing. This has been marked Petitioner's
3 Exhibit C. Now, I ask you, where was this notice?
4 A In the front window.
5 Q In your window?
6 A Right, towards the highway.
7 Q How long has it been in the window?
8 MRS. MARTINEZ: Three weeks.
9 A I don't remember exactly.
10 Q Two or three weeks?
> > A Somewhere in there.
12 Q Three weeks?
13 A Yes.
14 Q Four weeks?
15 A Three weeks. Since she told me to put it out
16 there.
17 Q When did you take this down?
18 A Just this morning.
19 Q Just this morning? Okay. Mr. Chairman, I am
20 sure Mr. Martinez would like to present this?...
21 A Right.
22 --into evidence, entitled Petitioner's Exhibit
23 C; is that right?
24 A Right.
25 Q You don't want this back, do you?
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1 A I don't know if I have to have it.
2 Q It belongs to the county now. You are sure
3 someone doesn't want this back?
4 A No.
5 MR. BILLINGS: We will accept this as Exhi..
6 bit C.
7 MR. TELEP: Do you want me to proceed
8 or would you like to take it here?
9 MR. BILLINGS: Go ahead.
10 Q (By Mr. Telep) All right. You do want this
11 license or otherwise you wouldn't be here.
12 A Right.
13 Q I would like the record to show for the record
to whether there are any other proponents in support of Mr.
15 Martinez in this room who would like to testify in his
16 behalf. The petitions , of course, are entitled A and
17 B respectively. Is there anyone in this room who wants
18 to help Mr. Martinez get his license?
19 (Whereupon Mrs. Martinez raised
her hand in response to the
20 above question)
21 MR. TELEP: Let the record show one. Now,
22 I would like to have the record show if there are any
23 protestants who are here to protest the granting of this
24 beer license , 3.2 beer license for the sale of beer on
25 subject property, to drink and to take off the premises.
15
I Raise your hands or forever after hold your peace. Let
2 the record show there are no protestants in the room.
3 Mr. Chairman, I feel that with the aid of the county
4 attorney Mr. Martinez has proven a prima facie case. I
5 have nothing further to say. It rests in your hands ,
6 Mr. Commissioners.
7 MR. BILLINGS: Any questions by the Board?
8 MR. JACOBUCCI: If we grant this license, Mr.
9 Martinez, do you foresee in the near future that you
10 might want to sell the place, and that really, I guess
II I am just asking it as , is it going to help you if you
12 wanted to sell the place, or would you have any inten-
13 tions of selling the place?
14 A No.
15 MR. JACOBUCCI: Purely for
your own business ,
16 to expand more or less your income by being able to sell
17 beer?
18 A No, I never intend to.
19 MR. JACOBUCCI: I don't think I have any
20 other questions , Mr. Chairman. I would be a little
21 concerned as to maybe it might influence someone to sell
22 the place more. M they sell to the right kind of person,
23 I wouldn't criticize it , but it could be an influence to
24 sell the place.
25 MR. BILLINGS: Mr. Telep, there aren't any
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1 restrictions that a person can place on this type of
2 license?
3 MR. TELEP: It's entirely irrelevant and
4 immaterial. This has to be with the commission. The
5 only thing you would be concerned with is that the place
6 is not well run, a place of trouble, and if that happens ,
7 the state usually preempts because they are officially
8 in power with the enforcement of the liquor laws. We
9 are partially, but the Commissioners made it a point not
t0 to get involved in the enforcement of any violations of
11 the liquor laws.
12 MR. MOSER: Mr. Chairman, I certainly
13 have no objections to whatever Mr. Martinez does with
14 his interests. If he gets this and runs it according
15 to law, whatever he would do at any time , I know as Mr.
16 Telep stated, we have no control over this , and I ter.-
17 tainly have no interest in trying to forecast or try to
18 preclude what you might do or not do. I have no further
19 questions or any statements.
20 MR. JACOBUCCI: I so move we grant the liquor
21 license, 3.2 license on and off the premises , for Mr.
22 Martinez.
23 MR. TELEP: Would you make that condi
24 tional that he returns the license he has?
25 MR. JACOBUCCI: The present one you have that
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1 permits just on the premises , you have to return that
2 license , with that-provision.
3 A Bring it over here or send it?
4 MR. JACOBUCCI: Bring it to Mrs. Ordway.
5 MR. MOSER: I would second that.
6 MR, BILLINGS: The motion is seconded. How
7 do you vote , Mr. Jacobucci?
8 MR. JACOBUCCI: Yes.
9 MR. BILLINGS: Mr. Moser?
10 MR. MOSER: Yes.
11 MR. BILLINGS: The chair votes yes. Let
12 the record show that the application by John Martinez,
13 doing business as Gill Recreation Center, of. Box 27 ,
14 Gill, Colorado, for a 3.2 beer license for sale, con•
15 sumption both on and off the premises , has been approved
16 and that he is requiredtto return the existing license,
17 which is a consumption on premises license. Okay, Mr.
18 Martinez, you are in business.
19 MR. MARTINEZ: How soon do I have to return
20 this?
21 MR. BILLINGS: You have to return that before
22 you get the other one.
23 MR. JACOBUCCI: He will have an interim
24 period where he can't sell it?
25 MRS. ORDWAY: We can start the paper work
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1 today and send it into Denver. Mr. Telep, what do you
2 think? Does he have to bring in his license right now?
3 MR. TELEP: He can operate until he gets
4 it.
5 MR. MOSER: The state could turn him
6 down. We wouldn't be doing that.
7 MR. TELEP: They usually do what the
8 local licensing authority does. I think it would be
9 unfair to have him give up his license and then wait
10 five or ten days for the other one. When he gets his
11 new one, he should be encouraged to bring the other
12 one in.
13 MR. BILLINGS: The same date that the new
14 one is here, Jeannie can notify you and you can bring in
15 the old one and pick up the new one.
16 Is there anything else to come before the Board
17 regarding this hearing? If not, we will be adjourned
18 until 10: 00 when we have our first hearing on land use.
19 (Whereupon the hearing was
20 concluded at 9: 35 a.m.)
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.. 19 _
1 STATE OF COLORADO
ss. REPORTER'S CERTIFICATE
2 COUNTY OF WELD
3
4 I, Barbara Billings , Registered Professional
5 Reporter and Notary Public in the State of Colorado,
6 certify that I was present at and reported in shorthand
7 the proceedings had in the above-entitled hearing on the
8 6th day of October, 1975, and that I have since transcribed
9 the proceedings as requested by the County Attorney, and
t0 that the above and foreadng 19 typewritten pages con-
stitute a full and complete transcript of the proceedings
12 as fully as the same was set forth in my shorthand notes
13 taken as aforesaid.
14 Witness my hand and seal at Greeley, Colorado,
15 this 8th day of October, 1975.
16
17 `���
18 Barbara Billings , RPR
19
20
21
ATE C L0II D 'fp
22 CJUNTY OF WELD
Cad vnt'lthe Cleric of the Board
23 r,.f County Commissioners
0CT 9 1975
24
25 cnu NTr QEAN AND.EcO9DU
ay Deputy
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