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filed by Double Happy, Inc., the City Council is acting in a quasi- <br />judicial capacity as the Local Licensing Authority under state law. <br />The Authority's decision must be based on the evidence presented to <br />it at the hearing tonight and the legal requirements set out in <br />State laws. Under State law you must consider the character of the <br />applicant, the reasonable requirements ofthe neighborhood for this <br />type of license, the desires of the adult inhabitants of the <br />neighborhood, and the number, type, and availability of other <br />similar outlets in the neighborhood. <br /> <br />Philip Long, Attorney with Schey & Schey, Longmont, Colorado, <br />representing the applicant, stated that the reason why the <br />application was untimely filed was that it appeared the renewal was <br />sent to an accountant, who was named as their agent, and was caught <br />in a paper shuffle. He submitted petitions to the City Clerk and <br />Council containing approximately 200+ signatures seeking the <br />issuance of the license. He stated that at the time the petitions <br />were gathered, there was also an opportunity for people to sign a <br />petition in opposition. To his knowledge, no one signed in <br />opposition. He stated that the character and experience of the <br />applicant is clear and they have been in business since 1984. <br /> <br />Davidson asked if anyone in the audience had any questions of the <br />applicant. <br /> <br />NONE <br /> <br />Davidson asked if any members of the Authority had any questions of <br />the applicant. <br /> <br />NONE <br /> <br />Long requested that Double Happy receive an extension of their <br />temporary license, until their regular license arrives, if <br />approved. <br /> <br />Griffiths: <br /> <br />It's my understanding from contact <br />with the State Department of Revenue <br />that, if the Local Licensing <br />Authority approves the license this <br />evening, there should be no problem <br />in continuing your operation. <br /> <br />Davidson called for anyone in the audience wishing to speak in <br />favor of the application. <br /> <br />NONE <br /> <br />Davidson called for anyone in the audience wishing to speak in <br />opposition to the application. <br /> <br /> <br />