March 2, 2008
Dear Senators and Representatives
Please do not support SB 082. If passed, this bill should never apply to nor allow Sunday liquor sales in any jurisdiction that has ever appointed or subsequently appoints a judge rather than a board member type or multiple person liquor licensing authority.
According to Longmont city council member Doug Brown, the city council was not satisfied with decisions of the prior liquor licensing authority, which was comprised of several people so they disbanded that authority and appointed municipal judge Diana VanDeHey to be that authority as allowed by CRS.
The Longmont city council and city staff directors supported and aided municipal judge VanDeHey in knowingly and purposely manipulating liquor licensing laws in order to approve liquor licenses (adjacent to a residential neighborhood and as close as 90 feet from homes) where prohibited by city
charter,
zoning,
case law and
State Statute(s). These statutes are inserted below.
There, VanDeHey gave them what they wanted. Making them happy should count the next time they set her pay.
Worse yet is that the Colorado liquor licensing authority approved these licenses with full knowledge VanDeHey's approvals violated the above charter and laws. That makes the State Of Colorado guilty of aiding in these crimes.
My home is now 90 feet wall to wall from a liquor store.
Roof top beer coolers are audible all day and night.
Mini-liquor bottles litter our residential street.
Beer trucks are ever present on our residential street and using that street for loading this liquor store.
In broad daylight, children cannot be unattended while playing in our own front yards or while carrying out the trash.
Our neighborhood children see dope deals and people urinating almost a daily and never less than weekly.
People running from suspected criminal acts at the liquor store jump our fences and through our yards.
A cop fired a tazer (tazer hit the fence) while chasing a suspect from this liquor store that jumped the fence into my yard.
A cop trained his weapon on my wife, son, granddaughter and another person who were sitting in my fenced front yard while he was pursuing a suspect who jumped my fence and crossed my property.
Currently, Sunday is our only day off from this.
Complaints by myself and other parties to city and State agencies were ignored so I appealed my property taxes based on loss of liberty in my property due to these criminal acts by the city and the State. This appeal is currently at issue in the Colorado Court of Appeals and with what little faith I have in our State courts, will probably continue to the Supreme Court or even U S District Court.
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1.) CITY CHARTER VIOLATION:
Approval of this license was without ordinance and limited the use of private properties adjacent to this liquor store.
4.3 ACTION BY ORDINANCE REQUIRED
In addition to such acts of the Council as are required by other provisions of this Charter to be by ordinance, every act making an appropriation, creating an indebtedness, authorizing borrowing of money, levying a tax, establishing any rule or regulation for the violation of which a penalty is imposed, or placing any burden upon or limiting the use of private property, shall be by ordinance.
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2.) ZONING VIOLATION:
Approvals for this liquor license violated the neighborhood protection standards found in 19.20.050 of the municipal code at time of the original approval. The use, liquor store was not listed as permitted in its zone in the schedule of permitted uses and it is more obnoxious and detrimental to the abutting residential neighborhood. Current code (Title-15) watered down 19.20.050 to allow liquor stores as near as 250 feet from residential districts.
19.20.050 Permitted uses-Similar uses included.
In any zoning district where a building, structure or use is enumerated, any other building, structure or use which is similar to those enumerated and not more obnoxious or detrimental to the area in which it is located shall be permitted. (Prior code § 4-7- 1)
zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz3.) CASE LAW:Approvals for this liquor license violated case law written by judge Daniel Hale and used by judge VanDeHey for conviction, which was allowed to stand by the Colorado Supreme Court. See Boulder District Court Judge Daniel Hale's finding of law from a February 4, 2000 court order in case number 99CR 1039-4 concerning the Longmont zoning code where Hale's order states........
"This Code was in effect in 1983 and remains essentially the same today. The Code contains schedules of permitted uses and provides that uses which are not express may be allowed through the application and granting of conditional use permits".A. The liquor store was neither listed as a permitted use nor grand fathered.
B. Liquor store was not listed as permitted in the schedule of permitted uses.
C.... Conditional use permitting was neither applied for nor granted.
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4.).....Approvals for this liquor license violated section 12-47-313 CRS, which states:
No application for the issuance of any license specified in section 12-47-309 (1) or 12-46-107 (1) shall be received or acted upon:..............For a location in an area where the sale of alcoholic beverages as contemplated is not permitted under the applicable zoning laws of the municipality, city and county, or county. See the above 3(A, B and C).
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