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Home My WebLink About20140130.tiff RESOLUTION RE: APPROVAL OF EXTENSION OF TEMPORARY PERMIT FOR A HOTEL AND RESTAURANT LIQUOR LICENSE FOR SMOKEHOUSE ENTERPRISES, LLC, DBA OLE HICKORY SMOKEHOUSE AND TAVERN AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Smokehouse Enterprises, LLC, dba Ole Hickory Smokehouse and Tavern, 3815 Highway 119, Longmont, Colorado 80504, presented to the Board of County Commissioners of Weld County, Colorado, an application for a Transfer of Ownership of a Hotel and Restaurant Liquor License, for the sale of malt, vinous and spirituous liquors for consumption by the drink on the premises only, said License previously held by Jensen Entertainment, dba T-bones Restaurant and Lounge, and WHEREAS, Section 12-47-106.5, C.R.S., which became effective July 1, 1991, allows for the issuance by the Board of County Commissioners of a temporary permit to the transferee of an existing liquor license to authorize the transferee to conduct business and sell alcoholic beverages at retail in accordance with said license, subject to compliance with certain conditions, and WHEREAS, Smokehouse Enterprises, LLC, has complied with all of the conditions set forth in said Section, and WHEREAS, Smokehouse Enterprises, LLC, submitted the required application fee of $100.00, was granted a Temporary License on August 28, 2013, and the Application for Transfer of Ownership was subsequently approved on October 21, 2013, and WHEREAS, the Transfer of Ownership is currently under review by the Colorado Department of Revenue which necessitates an extension of the Temporary license until said review is complete and a license issued. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that having examined said application and other qualifications of the applicant for the transfer of the Hotel and Restaurant Liquor License and having considered said request for an extension of said temporary permit, does hereby grant to Smokehouse Enterprises, LLC, dba Ole Hickory Smokehouse and Tavern, 3815 Highway 119, Longmont, Colorado 80504, an Extended Temporary Permit to conduct business and sell malt, vinous and spirituous liquors for consumption by the drink on the premises only, at retail at said location in accordance with the license previously held by Jensen Entertainment, dba T-bones Restaurant and Lounge, subject to all other rules and regulations set forth by the Board of County Commissioners of Weld County, Colorado, for a period of 60 days, or until such time as the application for Transfer of Ownership is approved by the State of Colorado, whichever shall occur first. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said extended permit. �7C &.; (1,O121./ Sr) /-/,5"--h/ 2014-0130 LC0014 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of January, A.D., 2014, nunc pro tunc December 26, 2013. BOARD OF COUNTY COMMISSIONERS WELD�CO Y, COLORADO ATTEST: ?2,41_4_,L_ a ,� 4U� )4S C � C Aoug/as Rademacher, air Weld County Clerk to the Board ELY Lam, arbara Kirkmey-r, Pio-Tern BY: �.f :.ac# /.• Deputy r erk to the Boa k. 61 • . n P. Conway / s APPROVED 2S✓%f FORM I � Mike Fr � — M my Attorney � 7/ � � W iam F. Garcia Date of signature: 5 �`f/o`Zv/I 2014-0130 LC0014 PLEASE POST NEAR EXISTING LICENSE TO WHOM IT MAY CONCERN: On the 28th day of August, 2013, Smokehouse Enterprises, LLC, dba Ole Hickory Smokehouse and Tavern, submitted an application for a Transfer of Ownership for a Hotel and Restaurant, with said license previously being held by Jensen Entertainment, dba T-bones Restaurant and Lounge, and expiring on July 17, 2014. The Transfer of Ownership was considered by the Board of Commissioners October 21, 2013; however, until notification has been received from the State advising whether this Transfer of Ownership request has been approved or disapproved, the Board hereby authorizes the continued sale of malt, vinous, and spirituous liquor at this establishment which is located at 3815 Highway 119, Longmont, Colorado 80504, under an Extended Temporary Permit which has been approved by the Board on January 13, 2014. This Extended Temporary Permit allows Smokehouse Enterprises, LLC, dba Ole Hickory Smokehouse and Tavern, to conduct business and sell malt, vinous and spirituous liquors for consumption by the drink on the premises only, at retail at said location in accordance with the license previously held by Jensen Entertainment, dba T-bones Restaurant and Lounge, subject to all other rules and regulations set forth by the Board of County Commissioners of Weld County, Colorado, for a period of 60 days (February 24, 2014), or until such time as the application for Transfer of Ownership is approved by the State of Colorado, whichever shall occur first. If there are any questions concerning this matter, please feel free to contact the Weld County Clerk to the Board's Office at 336-7215, Extension 4225, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. Sincerely, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO `9acci vhcclo.�" Douglas Rademacher, Chair RD/eg cc: Sheriffs Office Liquor Enforcement Officer 2014-0130 LC0014 Esther Gesick From: Clark- DOR,Adam [adam.clark@state.co.us] Sent: Thursday, January 02, 2014 1:12 PM To: Esther Gesick Subject: Liquor license application for the Ole Hickory Smokehouse&Tavern Good afternoon, regarding this application: • Item#11 of the application should be marked yes or no concerning legal possession of the premises. • On the Individual History Record for Susan William, items 13r and 14b are incomplete. • The lease assignment is missing an attachment and we will need the original lease. • The applicant must have exclusive use and control of their licensed premises and as such, must demonstrate they possess the patio area. This could possibly be in the missing lease documents or their landlord can write a letter. Thank you and please let me know if you have any questions or concerns. Adam Clark Department of Revenue Liquor Enforcement Division 1881 Pierce St.,Suite 108 Lakewood,CO 80214 Phone 303 205-2344 Fax 303 205-2341 Confidentiality Notice:This email-message,including any attachments, is for the sole use of the intended recipient(s)and may contain confidential information.Any unauthorized review, use,disclosure or distribution is prohibited. If you are not the intended recipient and received this in error,please contact the sender by reply e-mail.You are hereby notified that the copying,use or distribution of any materials transmitted in or with this message is strictly prohibited. 2014-0130 1 Esther Gesick From: susan [ajcomm@hotmail.com] Sent: Friday, January 10, 2014 4:21 PM To: Esther Gesick Subject: RE: Jensen Lease-expired 2012 Hi Esther, I have attached a copy of the "assignment/amendment of orig lease" which changes the dates for the original lease agreement" which is also attached. So these two documents should satisfy the lease question, but no where did I see it stated specifically that the patio was included/not included. Will attempt to get a letter from the Owner Mr. Kim, of Jabez Enterprises that the patio is included in the lease space. Thanks for all your help today. What time should I be there for the board meeting Monday? Susan Williams Smokehouse Enterprises, LLC From: egesick@co.weld.co.us To: aicomm@hotmail.com Date: Fri, 10 Jan 2014 14:56:11-0700 Subject: Jensen Lease - expired 2012 Esther E. Gesick Deputy Clerk to the Board/Office Manager 1150 O Street(P.O. Box 758(Greeley, CO 80632 tel: (970)336-7215 X4226 Or kill Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged,confidential or otherwise protected from disclosure.If you have received this communication in error,please immediately notify sender by return e-mail and destroy the communication.Any disclosure,copying,distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 DR 8404(05/07109)Page 1 21 DEPARTMENT USE ONLY COLORADO DEPARTMENT OF REVENUE q� DENLIQUOR o RECO8080 ENFORCEMENT DIVISION 1 COLORADO LIQUOR RETAIL LICENSE APPLICATION l EV(' ❑ NEW LICENSE TRANSFER OF OWNERSHIP ❑ LICENSE RENEWAL • ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN • APPLICANT MUST CHECK THE APPROPRIATE BOX(ES) • LOCAL LICENSE FEE $ • APPLICANT SHOULD OBTAIN A COPY OF THE COLORADO UQUOR AND BEER CODE(Call 303-370-2165) 1. Applicant is applying as a ❑ Individual ❑ Corporation N Limited Liability Company ❑ Partnership(includes Limited Liability and Husband and Wife Partnerships) ❑ Association or Other 2. Applicant If an LLC,name of LLC;if partnership,at least 2 partners names;if corporation,name of corporation Fein Number Smo Kc ho 05C Ey TER.pg ts65} 1-LC, 16--3 .1 1737 2a.Trade Name of Establishment(DBA) f State Sales Tax No. Business Telephone ed^ 4;ekt,gil Sin olcchoo e R TuERe 479 (70th, I 303— /1g—gd0O 3. Address of Premises(specify exact location of premised) 38. 15' ST1)TE H L V ! d`. City County State ZIP Code 4. Mailing Address (Number and Street) City or Town State ZIP Code 5. If the premises currently have a liquor or beer license,you MUST answer the following questions: Present Trade Name of Establishment(DBA) Present State License No. Present Class of License Present Expiration Date 'T B®n)e S "7b 360 00 t1OTC L/ c3raO H T 1J) 71 1i-11 LIAB SECTION A NONREFUNDABLE APPLICATION FEES LIAB SECTION B(CONT.) LIQUOR LICENSE FEES 2300 ❑ Application Fee for New License $1,025.00 1985❑Resort Complex License(City) $500.00 2302 ❑ Application Fee for New License- 1986❑Resort Complex License(County) $500.00 w/Concurrent Review $1,125 00 1988❑Add Related Facility to Resort Complex...$ 75.00 X Total _ 2310 1541 Application Fee for Transfer $1,025.00 1990❑Club License(City) $308.75 1991❑Club License(County) $308.75 2010❑Tavern License(City) $500.00 LIAB SECTION B LIQUOR LICENSE FEES 2011❑Tavern License(County) $500.00 1905 ❑ Retail Gaming Tavern License(City) $$500.002012❑Manager Registration-Tavern $ 75.00 1906 ❑ Retail Gaming Tavern License(County) $500.00 2020❑Arts License(City) $308.75 1940 ❑ Retail Liquor Store License(City) $227.50 2021❑Arts License(County) $308.75 1941 ❑ Retail Liquor Store License(County) $312.50 2030❑Racetrack License(City) $500.00 1950 ❑ Liquor Licensed Drugstore(City) $227.50 2031❑Racetrack License(County) $500.00 1951 0 Liquor Licensed Drugstore(County) $312.50 2040❑Optional Premises License(City) $500.00 1960 El Beer and Wine License(City) $351.25 2041❑Optional Premises License(County)........$500.00 1961 ❑ Beer and Wine License(County) $436.25 2045❑Vintners Restaurant License(City) $750.00 1970 ❑ Hotel and Restaurant License(City) $500.00 2046❑Vintners Restaurant License(County) $750.00 1971 ]gi Hotel and Restaurant License(County) $500.00 2220❑Add Optional Premises to H&R $100.00 X Total 1975 ❑ Brew Pub License(City) $750.00 2370 ElMaster File Location Fee $ 25.00 X Total 1976 0 Brew Pub License(County) $750.00 2375❑Master File Background $250.00 X Total_ 1980 O Hotel and Restaurant License w/opt premises(City).... $500.00 1981 ❑ Hotel and Restaurant License w/opt premises(County) $500.00 1983 ❑ Manager Registration-H&R $ 75.00 DO NOT WRITE IN THIS SPACE-FOR DEPARTMENT OF REVENUE USE ONLY LIABILITY INFORMATION County City Industry Type License Account Number Liability Date License Issued Through (Expiration Date) FROM TO State City County Managers Reg -750(999) 2190-100(999) 2190-100(999) -750(999) %�� 2013-2953 / Cash Fund New License Cam.Fund Transfer License TOTAL 2300-100 2310-100 (999) (999) $ 0 2013-2447 DR 8404(05/07/09)Page 2 APPLICATION DOCUMENTS CHECKLIST AND WORKSHEET Instructions:This check list should be utilized to assist applicants with filing all required documents for licensure.All documents must be properly signed and correspond with the name of the applicant exactly.All documents must be typed or legibly printed. Upon final State approval the license will be mailed to the local licensing authority. Application fees are nonrefundable. ITEMS SUBMITTED, PLEASE CHECK ALL APPROPRIATE BOXES COMPLETED OR DOCUMENTS SUBMITTED I. APPLICANT INFORMATION A. Applicant/Licensee identified. B. State sales tax license number listed or applied for at time of application. C. License type or other transaction identified. XD. Return originals to local authority. ❑ E. Additional information may be required by the local licensing authority. II. DIAGRAM OF THE PREMISES A A. No larger than 8 1/2"X 11". 1Y B. Dimensions included(doesn't have to be to scale). Exterior areas should show control(fences,walls, etc.). ❑ C. Separate diagram for each floor(if multiple levels). TA D. Kitchen-identified if Hotel and Restaurant. III. PROOF OF PROPERTY POSSESSION ❑ A. Deed in name of the Applicant ONLY(or) El B. Lease in the name of the Applicant ONLY. ❑ C. Lease Assignment in the name of the Applicant(ONLY)with proper consent from the Landlord and acceptance by the Applicant. D. Other Agreement if not deed or lease. IV. BCKGROUND INFORMATION AND FINANCIAL DOCUMENTS A. individual History Record(s)(Form DR 8404-I). ❑ B. Fingerprints taken and submitted to local authority. (State authority for master file applicants.) X C. Purchase agreement, stock transfer agreement, and or authorization to transfer license. gD. List of all notes and loans. V. CORPORATE APPLICANT INFORMATION(If Applicable) Ai A. Certificate of Incorporation(and/or) ❑ B. Certificate of Good Standing if incorporated more than 2 years ago. ❑ C. Certificate of Authorization if foreign corporation. gD. List of officers,directors and stockholders of parent corporation(designate 1 person as"principal officer"). VI. PARTNERSHIP APPLICANT INFORMATION(If Applicable) p( A. Partnership Agreement(general or limited). Not needed if husband and wife. VII. LIMITED LIABILITY COMPANY APPLICANT INFORMATION(If Applicable) A. Copy of articles of organization(date stamped by Colorado Secretary of State's Office). gB. Copy of operating agreement. C. Certificate of Authority(if foreign company). VIII. MANAGER REGISTRATION FOR HOTEL AND RESTAURANT,TAVERN LICENSES WHEN INCLUDED WITH THIS APPLICATION ❑ A. $75.00 fee. O B. Individual History Record(DR 8404-I). DR 8404(05/07/09)Page 3 6. Is the applicant(including any of the partners,if a partnership;members or manager if a limited liability company;or officers,stock- Yes No holders or directors if a corporation)or manager under the age of twenty-one years? ❑ XI 7. Has the applicant(including any of the partners,if a partnership;members or manager if a limited liability company;or officers, stockholders or directors if a corporation)or manager ever(in Colorado or any other state); (a) been denied an alcohol beverage license? ❑ �` (b) had an alcohol beverage license suspended or revoked? ❑ (c) had interest in another entity that had an alcohol beverage license suspended or revoked? ❑ If you answered yes to 7a,b or c,explain in detail on a separate sheet. 8. Has a liquor license application(same license class),that was located within 500 feet of the proposed premises,been denied within the preceding two years?If"yes,"explain in detail. ❑ 9. Are the premises to be licensed within 500 feet of any public or private school that meets compulsory education requirements of Colorado law,or the principal campus of any college,university or seminary? ❑ 10. Has a liquor or beer license ever been issued to the applicant(including any of the partners,if a partnership;members or manager if a limited liability company;or officers,stockholders or directors if a corporation)?If yes,identify the name of the business and list any current or former financial interest in said business including any loans to or from a licensee. El 11. Does the Applicant,as listed on line 2 of this application,have legal possession of the premises by virtue of ownership,lease or other arrangement? ❑ Ownership f Lease ❑ Other(Explain in Detail) Y�I ❑ a. If leased,list name of landlord and tenant,and date of expiration,EXACTLY as they appear on the lease: Landlord Tenant Expires Ufai - en4CVpt'ts'S LC. ,rlf)6Z!'3iiuL 2 grviielpf ASPS j C Ock . Attach a diagram and outline or designate the area to be licensed(including dimensions)which shows the bars,brewery,walls,partitions, entrances,exits and what each room shall be utilized for in this business.This diagram should be no larger than 8112'X 11".(Doesn't have to be to scale) 12. Who,besides the owners listed in this application(including persons,firms,partnerships,corporations,limited liability companies), will loan or give money,inventory,furniture or equipment to or for use in this business;or who will receive money from this business. Attach a separate sheet if necessary. NAME DATE OF BIRTH FEIN OR SSN INTEREST Attach copies of all notes and security instruments,and any written agreement,or details of any oral agreement,by which any person(including partnerships, corporations, limited liability companies, etc.)will share in the profit or gross proceeds of this establishment,and any agreement relating to the business which is contingent or conditional in any way by volume, profit,sales,giving of advice or consultation. 13. Optional Premises or Hotel and Restaurant Licenses with Optional Premises Yes No. Has a local ordinance or resolution authorizing optional premises been adopted? ❑ 'rK Number of separate Optional Premises areas requested. (See License Fee Chart) 14. Liquor Licensed Drug Store applicants,answer the following: (a) Does the applicant for a Liquor Licensed Drug Store have a license issued by the Colorado Board of Yes No Pharmacy?COPY MUST BE ATTACHED. ❑ ❑ 15. Club Liquor License applicants answer the following and attach: (a) Is the applicant organization operated solely for a national,social,fraternal,patriotic,political or athletic purpose and Yes No not for pecuniary gain? ❑ (b) Is the applicant organization a regularly chartered branch,lodge or chapter of a national organization which is operated solely for the object of a patriotic or fraternal organization or society,but not for pecuniary gain? ❑ ❑ (c) How long has the club been incorporated? (d) Has applicant occupied an establishment for three years (Three years required) that was operated solely for the reasons stated above? ❑ ❑ 16. Brew-Pub License or Vintner Restaurant Applicants answer the following: Yes No (a) Has the applicant received or applied for a Federal Permit? ❑ ❑ (Copy of permit or application must be attached) 17a. Name of Manager(for all on-premises applicants) .S Lt A f) L);(,`al\fY1.'5 (if this is an Date of Birth application for a Hotel,Restaurant or Tavern License,the manager must also submit an Individual History Record(DR 8404-I). ) ie"1t 17b. Does this manager act as the manager of,or have a financial interest in,any other liquor Yes No licensed establishment in the State of Colorado? If yes,provide name,type of license and account number. ❑ %1 18. Tax Distraint Information. Does the applicant or any other person listed on this application and including its partners,officers, directors,stockholders,members(LLC)or managing members(LLC)and any other persons with a 10%or greater financial interest Yes No in the applicant currently have an outstanding tax distraint issued to them by the Colorado Department of Revenue? El If yes,provide an explanation and include copies of any payment agreements. DR 8404(05/07/09)Page 4 19. If applicant is a corporation,partnership,association or limited liability company,applicant must list ALL OFFICERS,DIRECTORS, GENERAL PARTNERS, AND MANAGING MEMBERS.In addition applicant must list any stockholders,partners,or members with OWNER- SHIP OF 10%OR MORE IN THE APPLICANT.ALL PERSONS LISTED BELOW must also attach form DR 8404-I(Individual History record), and submit finger print cards to their local licensing authority. NAME HOME ADDRESS,CITY&STATE DOB POSITION %OWNED' KI✓PEE TK -pito i E i ?c/V- r»0,-7A41,1-11 fl --f Rv6i. ISla5 E.Eyc inolive /202003i 6 .J 11154 Dcuijir c 582, vSi o FR.t1ts 5 S ,1 MAP Pet; 1'b ICI 1t m 5 136 15 E. exp66`i r;040, five Ht.� tRbRj &3 i(-1-, 1)-1°65-6 ow4 v`t 5-0 if total ownership percentage disclosed here does not total 10O%applicant must check this box I.Applicant affirms that no individual other than these disclosed herein,owns 10%or more of the applicant Additional Documents to be submitted by type at entity ❑ CORPORATION ❑ Cert.of Incorp. C Cert.of Good Standing(if more than 2 yrs.old) ❑ Cert.of Auth.(if a foreign corp.) ❑ PARTNERSHIP ❑ Partnership Agreement(General or Limited) ❑ Husband and Wife partnership(no written agreement) M LIMITED LIABILITY COMPANY NI Articles of Organization ❑ Cert.of Authority(if foreign company) ® Operating Agrmt. ❑ ASSOCIATION OR OTHER Attach copy of agreements creating association or relationship between the parties Registered Agent(if applicable) Address for Service `r)jO k j TfimEE rr\cx)RE to 4 i): i T'arsrkeer &Jim- 3 LO.avra .ori c.& OATH OF APPLICANT I declare under penalty of perjury in the second degree that this application and all attachments are true, correct,and complete to the best of my knowledge. i also acknowledge that it is my responsibility and the responsibility of my agents and employees to comply with the provisions of the Colorado Liquor or Beer Code which affect my license. Au orized Sign re. _ Title Date ,II 10416 AtA444 vi&maltay_ oa.106-X 'F-ict..- o I3 REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (CITY/COUNTY) Date application filed with local authority Date of local authority hearing(for new license applicants;cannot be less than 30 days from date of application 12-47-311(1))C.R.S. THE LOCAL LICENSING AUTHORITY HEREBY AFFIRMS: That each person required to file DR 8404-I(Individual History Record)has: Yes No Keen fingerprinted Er ❑ [ een subject to background investigation,including NCIC/CCIC check for outstanding warrants ®' ❑ That the local authority has conducted,or intends to conduct,an inspection of the proposed premises to ensure that the applicant is in compliance with,and aware of,liquor code provisions affecting their class of license 2/ ❑ (Ch,k One) a R Date of Inspection or Anticipated Date "r� /2013 ❑ Upon approval of state licensing authority. The foregoing application has been examined;and the premises,business to be conducted,and character of the applicant are satisfactory. We do report that such license,if granted,will meet the reasonable requirements of the neighborhood and the desires of the adult inhabitants, and will comply with the provisions of Title 12, Article 46 or 47,C.R.S. THEREFORE,THIS APPLICATION IS APPROVED. Local Licensing Authority for Telephone Number TOWN,CITY Weld Cou ty, Colorado $ Lb ` 970-356-4000 x 4225 Vi❑ COUNTY Signat f ° ,S;�:'Ti`: Date / 7 �. ;.�7r �::ir •yard of County Commissioners OCT 2 1 2013 S n to attest .4 Z -t t„7., r 6.'1 ( ) �► t `� Du J lerk to the Board Date OCT 2 1 2013 x701 1'.51 DR 8404-I (01/06/05) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1881 PIERCE STREET RM 108A DENVER CO 80261 ®� INDMDUAL HISTORY RECORD To be completed by each individual applicant,all general partners of a partnership,and limited partners owning 10%(or more)of a partnership; all officers and directors of a corporation, and stockholders of a corporation owning 10% (or more)of the stock of such corporation; all limited liability company MANAGING members, and officers or other limited liability company members with a 10%(or more)ownership interest in such company and all managers of a Hotel and Restaurant or a Tavern License. NOTICE:This individual history record provides basic information which is necessary for the licensing authority investigation. All questions must be answered in their entirety or your application may be delayed or not processed. EVERY answer you give will be checked for its truthfulness.A deliberate falsehood or omission will jeopardize the application as such falsehood within itself constitutes evidence regarding the character of the applicant. 1.Name of Business 7 Eta akeh004f= r ;ERPR SE5i C)1e. )4 (!k)gV 11)0k6hcose 2.Your Full Name(last,first,middle) 3.List any other names you have used. Lo q; Rmt Sos FAFtiJ -e5 S05410 1;004 vs 4.Mailing address(if different from residence) Home Telephone o; � - 1730x7 5.List all residence addresses below. Include current and previous addresses for the past five years. STREET AND NUMBER CITY,STATE, ZIP FROM TO Current 130-8 sx 'O6a .r s } 'E vexed- ( ,- 8 OLL 5-I'o'tOl ppc- .:-A3r Previous 9651 Src,o6'cRc-6k S©onhf LJe/ I}L.5 iii X11 $-,- c&7 57 x013 6.List all current and former employers or businesses engaged in within the last five years(Attach separate sheet if necessary) NAME OF EMPLOYER ADDRESS(STREET, NUMBER,CITY,STATE, ZIP) POSITION HELD FROM TO 3 61U b��rsi Jp N'r � D C-Sdon'tekONicyAYI0As 766-41766-415;Oso vaRg L�v_Dtt,i,-tt� I C e a l-�-\cm)3 13 7.List the names)of relatives working in or holding a financial interest in the Colorado alcohol beverage industry. NAME OF RELATIVE RELATIONSHIP TO YOU POSITION HELD NAME OF LICENSEE (k) /q 8.Have you ever applied for,held,or had an interest in a State of Colorado Liquor or Beer License,or loaned money,furniture or fixtures,equipment or inventory,to any liquor or beer licensee?If yes,answer in detail. n Yes No 9. Have you ever received a violation notice suspension or revocation,for a liquor law violation,or have you applied for or been denied a liquor or beer license anywhere in the U.S.?If yes,explain in detail. ❑Yes IA No 10.Have you ever been convicted of a crime or received a suspended sentence,deferred sentence,or forfeited bail for any offense in criminal or military court or do you have any charges pending?Include arrests for DUI and DWAI.(If yes,explain in detail.) ❑Yes V.No 11.Are you currently under probation(supervised or unsupervised),parole,or completing the requirements of a deferred sentence? (if yes,explain in detail.) ❑Yes JNo 12. Have you ever had any STATE Issued licenses suspended,revoked,or denied including a drivers license? (If yes,explain in detail.) Eves po PERSONAL AND FINANCIAL INFORMATION Unless otherwise provided by law in 24-72-204 C.R.S.,information provided below will be treated as CONFIDENTIAL. Colorado liquor licensing authorities require the following personal information in order to determine your suitability for licensure pursuant to 12-47-307 C.R.S. 13a.Date of Birth b.Social Security Number SSN c.Place of Birth , tS d.U.S.Citizen? la'0,0'19543 203-oil t O9 n'1�mph t� [f ` ) EgYes ❑No e.If Naturalized,State where f.When g.Name of District Court h.Naturalization Certificate Number i.Date of Certification j.If an Alien,Give Alien's Registration Card Number k.Permanent Residence Card Number I.Height m.Weight n.Hair Color o.Eye Color p.Sex q.Race r.Do you have a current Driver's License?If so,give number and state 1 40 6 F Yes El N° i I (a -OS'?3 (4ID,i),Ar 14.Financial Information. a.Total purchase price$ -570) r (if buying an existing business)or investment being made by the applying entity,corporation, U v partnership,limited liability company,other$ (C01 5 '7. parchas,4 W I'4CrVLth.- b.List the total amount of your investment/ in this business including any notes,loans,cash,services or equipment,operating capital,'4 stock purchases and fees paid 9. 0, 5 F D� c.Provide details of Investment. You must account for the sources of ALL cash(how acquired).Attach a separate sheet if needed. Type:Cash,Services or Equipment Source:Name of Bank;Account Type and Number Amount £ RshE1 oor zt M R-r;REmetifr) A 50/1-ay 1,06617-14 rnctinr.6 8 64g (001651•61) d.Loan Information(attach copies of all notes or loans) Name of Lender and Account Number Address Term Security Amount 15.Give name of bank where business account will be maintained;Account Name and Account Number;and the name or names of persons authorized to draw thereon. Ff / 52L' IL) SnnokZEho,.se E, r --RpPi5F51. 4-go_ S i,�c & r` 1 i Pr X1 2 E DLogrti- ,DIik)) e) Oath of Applicant I declare under penalty of perjury in the second degree that this application and all attachments are true,correct,and complete to the best of my kn Wedge. Autho zed Signature, Ti Date 0' Jabez Enterprises 1/9/2014 Colorado Liquor License Board: This letter is written in order to clarify an application question for Smokehouse Enterprises, LLC In pursuit of a permanent Liquor License. The Patio is included in the lease agreement with Smokehouse Enterprises, LLC DBA Ole Hickory Smokehouse and Tavern. Thank You, ASSIGNMENT,ASSUMPTION,CONSENT AND AMENDMENT OF LEASE THIS AGREEMENT is made this q4 day of August, 2013,. by and among JABEZ. ENTERPRISES, LLC, a Colorado limited liability company (Landlord), JENSEN ENTERTAINMENT, LLC (Assignor), SMOKEHOUSE ENTERPRISES LLC (Assignee), and K. DANIEL MCCARVER(Guarantor). ASSIGNMENT OF LEASE, FOR VALUE RECEIVED, the undersigned Assignor hereby assigns unto SMOKEHOUSE ENTERPREISES LLC ("Assignee") all of its right, title and interest in.and.to that certain Lease dated 1st day of November, 2007, between Jabez Enterprises, LLC, as Landlord, and Jensen Entertainment, LLC, as Tenant, covering those certain premises situated in the County of Boulder, State of Colorado,with the legal description as follows: see attached. In consideration of the consent of this assignment by the said.Landlord,the said Assignor hereby guarantees the performance by Assignee of all covenants, conditions, terms, stipulations and agreements in said lease contained, to be performed by the Tenant and Assignor thereunder, and this assignment shall not extinguish or diminish the liability of the Assignor therein. Further, Tenant represents to the Assignor and Landlord and agrees that Landlord has performed all obligations of Landlord under the Lease without any default by Landlord and that no work, improvement, payment , allowance or other concession from Landlord is due or remains incomplete. The assignment shall be effective as of /3O7.acili ,2013. ASSUMPTION OF LEASE In consideration of this assignment and of the consent of said Landlord, Assignee assumes and agrees to make all the payments required under said lease, and to do and perform and be bound by all covenants, conditions, terms, stipulations and agreements in said lease contained, binding upon said Tenant and Assignor, and further warrants to save the Assignor harmless from any and all liability by reason of said assignment. - 1 - Assignee confirms that he/she/it has received a copy of the current Lease between Landlord and Tenant and fully understands the terms described therein. AMENDMENT/CLARIFICATION TO LEASE The Lease is hereby amended and clarified,as of the date hereof,as follows: 1. Paragraph 1, Term: The lease term will end October 31,2017. 2. Paragraph 2, Rental: The current rental from November 1, 2012, to October 31,.2013, is $3,000.00. 3. Paragraph 5, Repairs, is modified as follows: Landlord shall keep the structure of the roof, exterior walls, central heating, ventilation, and air conditioning ("HVAC") systems, and structural foundations in good repair and to pay for any necessary repairs related thereof. Landlord shall not, however, be liable for such repairs unless written request is made upon Landlord for the making of said repairs and they shall fail or refuse to have the same made within a reasonable time. If any of the maintenance and/or repair is required in whole or in part because of the negligence of the Tenant, its agents or invitees, Tenant shall pay Landlord the reasonable cost of the repairs. Landlord shall not be liable or responsible to Tenant for any loss or damage to person or property or for inconvenience to, or interference with Tenant which may arise through repair, maintenance, or alteration of any part of the Building, unless the loss or damage was caused by Landlord's gross negligence. 4. Paragraph 9, Utilities: Tenant agrees to pay $50 per month for the use of the Landlord's broadband service. Tenant agrees to pay an additional $100 for the excessive electrical energy its walk-in cooler consumes. The walk-in cooler was installed after the Lease was executed. 5. All other provisions of the Lease remain in full force and effect. CONSENT TO ASSIGNMENT AND AMENDMENT In consideration of the foregoing terms and conditions, the undersigned Landlord below named hereby consents to the foregoing Assignment of the above mentioned lease unto Smokehouse Enterprises LLC, upon the express conditions contained in said assignment and subject to the amendments hereinbefore stated. No further assignment of said lease or subletting of said premises or any part thereof shall be made without the written consent of the Landlord first had obtained thereto. Landlord currently is holding a security deposit of$ -2- IN WITNESS WHEREOF,this instrument has been signed on the date written below. DATED the day and year first above written. Landlord: Assignee: Jabez Enterprises LLC Smokehouse Enterprises LLC. By: By: korVnejOa4jOfieti Its: Its: (iA„Z � Assignor: Jensen Entertainment, LLC( 111 By:. At ? ` Its: 7)l fiN'v Pt C)- ALL TERMS AND CONDITIONS OF THIS AGREEMENT ARE HEREBY GUARANTEED IN FULL BY THE UNDERSIGNED GUARANTOR. K. Daniel McCarver STATE OF COLORADO ) ) ss. County of BOULDER ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the title) of fname of party on behalf of whom instrument was executed) to be the free and voluntary act of the limited liability company, for the uses and purposes mentioned in the instrument. - 3 - Witness my hand and official seal hereto affixed on the day of ,2013. NOTARY PUBLIC in and for the State - , of Colorado,residing at ' My commission expires: Printed Name: WGfti State of Colorado ) ) ss. County of (Cf}-t4p -` ) I certify that I know or have satisfactory evidence that i is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the fl)k){ j• ale) of S M okt"77-OC I i s ' name of per' on behalf of whom instrument was executed) to be the free and voluntary act of le limited liability company, for the uses and purposes mentioned in the instrument.Witness �my hand and official seal hereto affixed on the C '7 d�-}/�ay of itt.26057,2013;, , - N ARY PUBLI in and for the State _.." y- of Colorado,residing at YQ/f`t4::(C5 tom` My commission expires: 3 2 ≥ © Printed Name: Li W D P} S. 1, t State of Colorado ) ) ss. County of Na-PA-N•t ) I certify that I know or have satisfactory evidence that D }-L,j k _ /*y(E' is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the nift-1t? -'(title) of4 eytkeyk) rV43 7r •' name of art on behalf of whom instrument was executed) to be the free and voluntary act f the limited liability company, for the uses -4 - and purposes mentioned in the instrument. Witness my hand and official seal hereto affixed on the 49 ay of j( . 2013. TARY PUB'. and for,the State 61-0 of Colorado,residing at d-CrA,f ?1)/ My commission expires: 3 Z -\oJ& Printed Name: Lim)* State of Colorado ) ) ss. County of ' -�) On this day personally appeared before me K. DANIEL MCCARVER, to me known to be the individual who executed the foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed,for the uses and purposes therein mentioned. WITNESS my hand and official seal this c XTrilday of (9Cf ( , 2013. • PUBLI in d for the State . of Colorado,residing at C e-10 It U/W •1 My commission expires: • Printed Name: • e:\c malassigt.xlanc&amd.la -5 - Property Profile - Print Page 1 of 1 Property Profile for Account#R0080888 January 10,2014 Account Information Account Parcel Space Account Type Tax Year Tax Area Buildings Actual Value Assessed Value R0080888 131303000041 Commercial 2014 2341 2 1,836,000 518,680 Legal LCI-1 L1 LONGMONT CENTENNIAL INN SUB Subdivision Block Lot Land Economic Area LONGMONT CENTENNIAL INN SUB 1 DEL CAMINO HIGH VIEW Property Address Property City Zip Section Township Range 3815 119 HWY WELD 000000000 03 02 68 http://propertyprofile.co.weld.co.us/index.html?version=2&account=R0080888 1/10/2014 Colorado Commercial Lease Agreement This Commercial Lease Agreement("Lease") is made and effective November 1, 2007, by and between Jabez Enterprises, LLC ("Landlord") and Jensen Entertainment, LLC ("Tenant"). Landlord is the owner of land and improvements commonly known and numbered as 3815 Highway 119 Longmont, CO 80504 and legally described as follows(the "Building"). Landlord makes available for lease a portion of the Building designated as Restaurant and Bar (the"Leased Premises"). Landlord desires to lease the Leased Premises to Tenant, and Tenant desires to lease the Leased Premises from Landlord for the term, at the rental and upon the covenants, conditions and provisions herein set forth. THEREFORE, in consideration of the mutual promises herein, contained and other good and valuable consideration, it is agreed: 1. Term. A. Landlord hereby leases the Leased Premises to Tenant, and Tenant hereby leases the same from Landlord, for an"Initial Term" beginning November 1, 2007 and ending October 31, 2012. B. Tenant may renew the Lease for one extended term of 5 years. Tenant shall exercise such renewal option, if at all, by giving written notice to Landlord not less than ninety(90) days prior to the expiration of the Initial Term. The renewal term shall be at the rental set forth below and otherwise upon the same covenants, conditions and provisions as provided in this Lease. 2. Rental. A. Tenant shall pay to Landlord during the Initial Term rental of$30,000 gross rent(including electric, water and sewer)for the first year, payable in installments of$2,500 per month. Each installment payment shall be due in advance on the first day of each calendar month during the lease term to Landlord at 3815 Highway 119 Longmont, CO 80504. From 2n°year, there will be an increase of$100 monthly rent every year.The rental payment amount for any partial calendar months included in the lease term shall be prorated on a daily basis. B. The rental for any renewal lease term, if created as permitted under this Lease, shall be$100 increase per month every year.. 3. Use Notwithstanding the forgoing, Tenant shall not use the Leased Premises for the purposes of storing, manufacturing or selling any explosives, flammables or other inherently dangerous substance, chemical, thing or device. 4. Sublease and Assignment. Tenant shall have the right without Landlord's consent, to assign this Lease to a corporation with which Tenant may merge or consolidate,to any subsidiary of Tenant, to any corporation under common control with Tenant, or to a purchaser of substantially all of Tenant's assets. Except as set forth above, Tenant shall not sublease all or any part of the Leased Premises, or assign this Lease in whole or in part without Landlord's consent, such consent not to be unreasonably withheld or delayed. 5. Repairs. During the Lease term, Tenant shall make, at Tenant's expense, all necessary repairs to the Leased Premises. Repairs shall include such items as routine repairs of floors, walls,ceilings, and other parts of the Leased Premises damaged or worn through normal occupancy, except for major mechanical systems or the roof,,subject to the obligations of the parties otherwise set forth in this Lease. 6. Alterations and Improvements. Tenant, at Tenant's expense, shall have the right following Landlord's consent to remodel, redecorate, and make additions, improvements and replacements of and to all or any part of the Leased Premises from time to time as Tenant may deem desirable, provided the same are made in a workmanlike manner and utilizing good quality materials.Tenant shall have the right to place and install personal property, trade fixtures, equipment and other temporary installations in and upon the Leased Premises, and fasten the same to the premises. All personal property, equipment, machinery, trade fixtures and temporary installations,whether acquired by Tenant at the commencement of the Lease term or placed or installed on the Leased Premises by Tenant thereafter, shall remain Tenant's property free and clear of any claim by Landlord. Tenant shall have the right to remove the same at any time during the term of this Lease provided that all damage to the Leased Premises caused by such removal shall be repaired by Tenant at Tenant's expense. 7. Property Taxes. Landlord shall pay, prior to delinquency, all general real estate taxes and installments of special assessments coming due during the Lease term on the Leased Premises, and all personal property taxes with respect to Landlord's personal property, if any,on the Leased Premises. Tenant shall be responsible for paying all personal property taxes with respect to Tenant's personal property at the Leased Premises. 8. Insurance. A. If the Leased Premises or any other part of the Building is damaged by fire or other casualty resulting from any act or negligence of Tenant or any of Tenant's agents, employees or invitees, rent shall not be diminished or abated while such damages are under repair, and Tenant shall be responsible for the costs of repair not covered by insurance. • B. Landlord shall maintain fire and extended coverage insurance on the Building and the Leased Premises in such amounts as Landlord shall deem appropriate. Tenant shall be responsible, at its expense, for fire and extended coverage insurance on all of its personal property, including removable trade fixtures, located in the Leased Premises. C. Tenant and Landlord shall, each at its own expense, maintain a policy or policies of comprehensive general liability insurance with respect to the respective activities of each in the Building with the premiums thereon fully paid on or before due date, issued by and binding upon some insurance company approved by Landlord, such insurance to afford minimum protection of not less than$1,000,000 combined single limit coverage of bodily injury, property damage or combination thereof.Landlord shall be listed as an additional insured on Tenant's policy or policies of comprehensive general liability insurance, and Tenant shall provide Landlord with current Certificates of Insurance evidencing Tenant's compliance with this Paragraph. Tenant shall obtain the agreement of Tenant's insurers to notify Landlord that a policy is due to expire at least(10)days prior to such expiration. Landlord shall not be required to maintain insurance against thefts within the Leased Premises or the Building. 9. Utilities. Tenant shall pay all charges for gas, trash, telephone and other services and utilities used by Tenant on the Leased Premises during the term of this Lease unless otherwise expressly agreed in writing by Landlord. Water, electric, and sewer will be included in gross rent. Tenant shall not use any equipment or devices that utilizes excessive electrical energy or which may, in Landlord's reasonable opinion, overload the wiring or interfere with electrical services to other tenants. 10. Signs. Following Landlord's consent,Tenant shall have the right to place on the Leased Premises,at locations selected by Tenant, any signs which are permitted by applicable zoning ordinances and private restrictions. Landlord may refuse consent to any proposed signage that is in Landlord's opinion too large, deceptive, unattractive or otherwise inconsistent with or inappropriate to the Leased Premises or use of any other tenant. Landlord shall assist and cooperate with Tenant in obtaining any necessary permission from governmental authorities or adjoining owners and occupants for Tenant to place or construct the foregoing signs. Tenant shall repair all damage to the Leased Premises resulting from the removal of signs installed by Tenant. 11. Entry. Landlord shall have the right to enter upon the Leased Premises at reasonable hours to inspect the same, provided Landlord shall not thereby unreasonably interfere with Tenant's business on the Leased Premises. 12. Parking. During the term of this Lease, Tenant shall have the non-exclusive use in common with Landlord, other tenants of the Building, their guests and invitees, of the non-reserved common automobile parking areas, driveways, and footways, subject to rules and regulations for the use thereof as. prescribed from time to time by Landlord. Landlord reserves the right to designate parking areas within the Building or in reasonable proximity thereto, for Tenant and Tenant's agents and employees. 13. Damage and Destruction. Subject to Section 8 A. above, if the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for Tenants purposes, then Tenant shall have the right within ninety(90)days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenant's purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord.Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's purposes. 14. Default. If default shall at any time be made by Tenant in th.e payment of rent when due to Landlord as herein provided, and if said default shall continue for fifteen (15) days after written notice thereof shall have been given to Tenant by Landlord, or if default shall be made in any of the other covenants or conditions to be kept, observed and performed by Tenant, and such default shall continue for thirty(30) days after notice thereof in writing to Tenant by Landlord without correction thereof then having been commenced and thereafter diligently prosecuted, Landlord may declare the term of this Lease ended and terminated by giving Tenant written notice of such intention, and if possession of the Leased Premises is not surrendered, Landlord may reenter said premises. Landlord shall have, in addition to the remedy above provided, any other right or remedy available to Landlord on account of any Tenant default, either in law or equity. Landlord shall use reasonable efforts to mitigate its damages. 15. Quiet Possession. Landlord covenants and warrants that upon performance by Tenant of its obligations hereunder, Landlord will keep and maintain Tenant in exclusive, quiet, peaceable and undisturbed and uninterrupted possession of the Leased Premises during the term of this Lease. 16. Condemnation. If any legally, constituted authority condemns the Building or such part thereof which shall make the Leased Premises unsuitable for leasing, this Lease shall cease when the public authority takes possession, and Landlord and Tenant shall account for rental as of that date. Such termination shall be without prejudice to the rights of either party to recover compensation from the condemning authority for any loss or damage caused by the condemnation. Neither party shall have any rights in or to any award made to the other by the condemning authority. 17. Subordination. Tenant accepts this Lease subject and subordinate to any mortgage, deed of trust or other lien presently existing or hereafter arising upon the Leased Premises, or upon the Building and to any renewals, refinancing and extensions thereof, but Tenant agrees that any such mortgagee shall have the right at any time to subordinate such mortgage, deed of trust or other lien to this Lease on such terms and subject to such conditions as such mortgagee may deem appropriate in its discretion. Landlord is hereby irrevocably vested with full power and authority to subordinate this Lease to any mortgage, deed of trust or other lien now existing or hereafter placed upon the Leased Premises of the Building, and Tenant agrees upon demand to execute such further instruments subordinating this Lease or attorning to the holder of any such liens as Landlord may ,request.,in the event that Tenant should fail to execute any instrument of subordination herein require.d'to be executed by Tenant promptly as requested, Tenant hereby irrevocably constitutes Landlord as its attorney-in-fact to execute such instrument in Tenant's name, place and stead, it being agreed that such power is one coupled with an interest. Tenant agrees that it will from time to time upon request by Landlord execute and deliver to such persons as Landlord shall request a . statement in recordable form certifying that this Lease is unmodified and in full force and effect(or if there have been modifications, that the same is in full force and effect as so modified), stating the dates to which rent and other charges payable under this Lease have been paid, stating that Landlord is not in default hereunder(or if Tenant alleges a default stating the nature of such alleged default)and further stating such other matters as Landlord shall reasonably require. 18. Notice. Any notice required or permitted under this Lease shall be deemed sufficiently given or served if sent by United States certified mail, return receipt requested, addressed as follows: If to Landlord to: Mike Kim • 3815 Highway 119, Longmont, CO 80504 If to Tenant to: Tony Jensen 3815 Highway 119, Longmont, CO 80504 Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under this paragraph by written notice thereof to the other party. 19. Memorandum of Lease. The parties hereto contemplate that this Lease should not and shall not be filed for record, but in lieu thereof, at the request of either party, Landlord and Tenant shall execute a Memorandum of Lease to be recorded for the purpose of giving record notice of the appropriate provisions of this Lease. 20. Successors. The provisions of this Lease shall extend to and be binding upon Landlord and Tenant and their respective legal representatives, successors and assigns. 21. Performance. If there is a default with respect to any of Landlord's covenants,warranties or representations under this Lease, and if the default continues more than fifteen (15)days after notice in writing from Tenant to Landlord specifying the default, Tenant may, at its option and without affecting any other remedy hereunder, cure such default and deduct the cost thereof from the next accruing installment or installments of rent payable hereunder until Tenant shall have been fully reimbursed for such expenditures, together with interest thereon at a rate equal to the lessor of twelve percent(12%) per annum or the then highest lawful rate. If this Lease terminates prior to Tenant's receiving full reimbursement, Landlord shall pay the unreimbursed balance plus accrued interest to Tenant on demand. 22. Compliance with Law. Tenant shall comply with all laws, orders, ordinances and other public requirements now or hereafter pertaining to Tenant's use of the Leased Premises. Landlord shall comply with all laws, orders, ordinances and other public requirements now or hereafter affecting the Leased Premises. 23. Final Agreement. This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties. 24. Governing Law. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Colorado. IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first above written. 1 Hello