HomeMy WebLinkAbout20131107.tiffFINDINGS AND RESOLUTION
RE: FINDINGS AND RESOLUTION CONCERNING APPLICATION OF CROW VALLEY
LIQUORS, LLC, DBA CROW VALLEY LIQUORS, FOR A RETAIL LIQUOR STORE
LICENSE, AND AUTHORIZATION FOR CHAIR TO SIGN
The application of Crow Valley Liquors, LLC, dba Crow Valley Liquors, 37937 Highway
14, P.O. Box 101, Briggsdale, Colorado 80611, for a Retail Liquor Store License, came on for
hearing on the 6th day of May, 2013, at 9:00 a.m., and the Board of County Commissioners of
Weld County, Colorado, having heard the testimony and evidence adduced at said hearing,
having considered the testimony, evidence and remonstrances filed with said Board, and having
carefully weighed the same, now makes the following findings:
1. The evidence discloses that the applicant has sustained the burden of proof as to
the desires of the inhabitants.
2. The applicant is of good character and reputation.
3. The applicant has proven the reasonable requirements of the neighborhood.
RESOLUTION
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, the Board has considered the application of Crow Valley Liquors, LLC, dba
Crow Valley Liquors, 37937 Highway 14, P.O. Box 101, Briggsdale, Colorado 80611, for a
Retail Liquor Store License, for the sale of malt, vinous, and spirituous liquors, in sealed
containers not for consumption at the place where sold, and
WHEREAS, said applicant has paid to the County of Weld the sum of $875.00 for the
hearing fee, in addition to the other required fees, and
WHEREAS, due to the Findings of the Board of County Commissioners in this matter as
stated herein, the Board deems it advisable to approve said application for a Retail Liquor Store
License for Crow Valley Liquors, LLC, dba Crow Valley Liquors, conditional upon recording of
the Use by Special Review plat.
WHEREAS, the Licensee shall host "responsible vendor" training every six (6) months
as agreeable to the Colorado Department of Revenue Liquor Enforcement Division, and this
training shall be open to other area licensees. Each employee shall be "responsible vendor"
trained, and the Licensee shall provided documentary evidence that each employee has been
"responsible vendor" trained to the Weld County Sheriff's Office within thirty (30) days of the fist
available "responsible vendor" class after hiring. Evidence of such shall be included in the
referral report submitted by the Sheriff's Office at the time of annual renewal.
Uyto) CatI3“( o £0l
2013-1107
(413
LC0004
RETAIL LIQUOR LICENSE - CROW VALLEY LIQUORS
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that having examined said application, the qualifications of the
applicant, and the testimony of those present at the hearing, does hereby grant License Number
2013-07 to said applicant to sell malt, vinous, and spirituous liquors in sealed containers not for
consumption at the place where sold, and the Board does hereby authorize and direct the
issuance of said license by the Chair of the Board of County Commissioners, attested to by the
Clerk to the Board of Weld County, Colorado, which license shall be in effect until May 30, 2014,
providing that said place where the licensee is authorized to sell malt, vinous, and spirituous
liquors in sealed containers not for consumption at the place where sold, shall be conducted in
strict conformity to all of the laws of the State of Colorado and the rules and regulations relating
thereto, heretofore passed by the Board of County Commissioners of Weld County, Colorado,
and any violations thereof shall be cause for revocation of the license.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said application and license.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of May, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD 'U TY, COLORADO
1
Weld County Clerk to the Boar
ugl- = ademac er, Pro -
BY: '
Deputy CI
can P. Conway
AP
Mike Freeman
unty Attorney
JUN 12 2013
Date of signature.
2013-1107
LC0004
THIS LICENSE MUST BE POSTED IN PUBLIC VIEW
DR 8402 (07/01/2012)
STATE
OF
COLORADO
DEPARTMENT
OF REVENUE
LIQUOR
1881
Lakewood,
ENFORCEMENT
Pierce
Street,
Colorado
Suite
80214
DIVISION
108
CROW
dba
37937
BRIGGSDALE
VALLEY
CROW
HWY
VALLEY
14
CO
LIQUORS
LIQUORS
80611
LLC
ALCOHOL
BEVERAGE LICENSE
Liquor
4701331
License
Number
License Expires at Midnight
May 30, 2014
License Type
LIQUOR STORE
(COUNTY)
Authorized
MALT,
Beverages
VINOUS,
AND
SPIRITUOUS
This license is issued subject to the laws of the State
provisions of Title 12, Articles 46 or 47, CRS 1973, as amended.
and shall be conspicuously posted in the place above
through the expiration date shown above. Any questions
addressed to: Colorado Liquor Enforcement Division, 1881
CO 80214.
In testimony whereof, I have hereunto set my hand. 5/31/2013
073kA40a/u-(4c...‘
of Colorado and especially under the
This license is nontransferable
described. This license is only valid
concerning this license should be
Pierce Street, Suite 108, Lakewood,
RLE
Division Director
Executive Director
tterce-WWWWWWWWW-C1
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NON -TRANSFERABLE.
TO BE POSTED IN A CONSPICUOUS PLACE.
NOTICE
Pursuant to the liquor laws of the State of Colorado and the Weld County Code, a public
hearing will be held in the Chambers of the Board of County Commissioners of Weld County,
Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley,
Colorado 80631, at the time specified.
If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five
days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting
party. In accordance with the Americans with Disabilities Act, if special accommodations are
required in order for you to participate in this hearing, please contact the Clerk to the Board's
Office at (970) 336-7215, Extension 4226, prior to the day of the hearing.
The complete case file may be examined in the office of the Clerk to the Board of County
Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631.
Petitions and comments may be filed in the office of the Clerk to the Board of County
Commissioners. E -Mail messages sent to an individual Commissioner may not be included in
the case file. To ensure inclusion of your E -Mail correspondence into the case file, please
send a copy to egesick@co.weld.co.us.
DOCKET #: 2013-27
HEARING DATE: May 6, 2013
HEARING TIME: 9:00 a.m.
APPLICANT:
Crow Valley Liquor, LLC
dba Crow Valley Liquor
37937 Highway 14
Briggsdale, CO 80611
DATE OF APPLICATION: March 28, 2013
REQUEST: To grant a Retail Liquor Store license for the sale of malt, vinous and spirituous
liquors in sealed containers not for consumption at place where sold.
LEGAL DESCRIPTION OF NEIGHBORHOOD SERVED: Sections 16, 17, 18, 19, 20 and 21,
Township 8 North, Range 62 West, and Sections 28, 29, and 30, Township 7 North, Range 62
West of the 6th P.M., Weld County Colorado West of the 6th P.M., Weld County, Colorado
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: April 19, 2013
PUBLISHED: April 24, 2013, in the Greeley Tribune
d0/3 //a 7
Affidavit of Publication
NOTICE
Pursuant to the liquor laws of the Stele of Colorado and the Weld
County Code, a public hearing will be held in the Chambers of
the Board of CountyCommissioners of Weld County, Colorado.
Weld County Administration Building, 1150 O Street, Assembly
Room, Greeley, Colorado 80631, at the time specified. If a court
reporter is desired, please advise the Clerk to the Board, In writ-
ing, at least five days prior to the hearing. The cost of engaging
a court reporter shall be borne by the, requesting parry. In accor-
dance with the Americans with Disabilities Act, if special accom-
modations are required in order for you to participate In this
healing, please contact the Clerk to the Board's Office at (970)
338-7215, Extension 4226, prior to the day of the hearing.
The complete case file may be examined in the office of the
Clerk to the Board of County Commissioners, Weld County Ad-
ministration Building, 1150 O Street, Greeley, Colorado 80631.
Petitions and comments may be filed In the office of the Clerk to
the Board of County Commissioners. E -Mail messages sent to
an individual Commissioner may not be included In the case file,
To ensure inclusion of your E -Mail correspondence into the case
tee, please send a copy to egesickoco.weid.co:us.
DOCKET e: 2013-27
HEARING DATE: May 6, 2013
HEARING TIME: 9:00 a.m.
APPLICANT:
Crow Valley Liquor, LLC
dba Crow Valley Liquor
37937 Highway 14
Briggsdale, CO 80611
DATE OF APPLICATION: March 28, 2013
REQUEST: To grant a Retail Liquor Store license for the sale of
malt, vinous and spirituous liquors in sealed containers not for
consumption at place where sold.
LEGAL DESCRIPTION OF NEIGHBORHOOD SERVED: Sec-
tions 16, 17, 18, 19, 20 and 21, Township 8 North, Range 62
West, and Sections 28, 29, and 30. Township 7 North. Range 62
West of the 6th P.M., Weld County Colorado West of the 8th
P.M., Weld County, Colorado
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: Apra 19, 2013
The Tribune April 24, 2013
ROBERT LITTLE
NOTARY PUBLIC
STATE OF COLORADO
MY COMMISSIO EXPIRES ICI JUNE 14, 2017
STATE OF COLORADO
County of Weld,
I, Desirea Larson
ss.
of said County of Weld, being duly sworn, say
that I am an advertising clerk of
THE GREELEY TRIBUNE,
that the same is a daily newspaper of general
circulation and printed and published in the City of
Greeley, in said county and state; that the notice or
advertisement, of which the annexed is a true copy,
has been published in said daily newspaper for
consecutive (days): that the notice was published in
the regular and entire issue of every number of said
newspaper during the period and time of
publication of said notice, and in the newspaper
proper and not in a supplement thereof; that the
first publication of said notice was contained in the
Twenty -forth day of April A.D. 2013 and
the last publication thereof: in the issue of said
newspaper bearing the date of the
Twenty -forth day of April A.D. 2013
that said The Greeley Tribune has been published
continuously and uninterruptedly during the period
of at least six months next prior to the first issue
thereof contained said notice or advertisement
above referred to; that said newspaper has been
admitted to the United States mails as second-class
matter under the provisions of the Act of March
3,1879, or any amendments thereof; and that said
newspaper is a daily newspaper duly qualified for
publishing legal notices and advertisements within
the meaning of the laws of the State of Colorado.
April 24, 2013
Total Charges: $10.94
Advertising Cle
Subscribed and sworn to before me this
24th day of April 2013
My Commission Expires 6/14/2017
AZ" ,,s4‘
Notary Public
REPORT OF INVESTIGATION - CROW VALLEY LIQUOR, LLC
PAGE 2
BOARD OF COUNTY COMMISSIONERS
PHONE: (970) 336-7204, EXT.4200
FAX: (970) 352-0242
1150 O STREET
P.O. BOX 758
GREELEY, COLORADO 80632
April 19, 2013
Crow Valley Liquor, LLC
dba Crow Valley Liquor
37937 Hwy 14
Briggsdale, CO 80611
RE: Report of Investigation for Colorado Liquor License Application — Crow Valley Liquor, LLC
Dear Crow Valley Liquor, LLC:
On April 18, 2013, I traveled to the proposed licensed premises known as Crow Valley Liquor,
LLC, located at 37937 Highway 14, Briggsdale, CO 80611. While there I made an on -site
inspection regarding the Liquor License Application filed. The application is for a Retail Liquor
Store License. It will be heard by the Board of County Commissioners as the liquor licensing
authority for Weld County on May 6, 2013, at 9:00 a.m.
My inspection revealed the following:
1. The proposed licensed premises is not directly connected to a different licensed
premises. Section 12-47-301(3)(a), C.R.S.
2. The diagram of the proposed licensed premises is correct. Section 12-47-309(3),
C.R.S.
3. There are no other liquor licensed or 3.2% beer licensed premises within the
neighborhood.
The sign noticing the place, date, and time of the hearing for the liquor license
application was posted by the applicant in such a manner that the notice was
conspicuous and plainly visible to the public, when I was there at approximately
2:30 p.m. on April 18, 2013.
2013-1107
LC0004
REPORT OF INVESTIGATION — CROW VALLEY LIQUOR, LLC
PAGE 2
5. There are no public or parochial schools, or principal campus of any college,
university, or seminary within 500 feet of the proposed licensed premises.
Section 12-47-313(1)(d)(I), C.R.S.
Very truly yours,
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Mike Freeman, Commissioner
cc: Brad Yatabe, Assistant County Attorney
LC0004
DR 8404 (05//07/09) Page 1
COLORADO DEPARTMENT OFREVENUE
LIQUOR ENFORCEMENT DIVISION
DENVER CO 80261
COLORADO LIQUOR
RETAIL LICENSE APPLICATION
21
in NEW LICENSE 0 TRANSFER OF OWNERSHIP 9 LICENSE RENEWAL
• ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN
• APPLICANT MUST CHECK THE APPROPRIATE BOX(ES)
• LOCAL LICENSE FEE $ 37.50
• APPLICANT SHOULD OBTAIN A COPY OF THE COLORADO LIQUOR AND BEER CODE(CaI 303470-2165)
1. Applicant is applying as a
❑ Corporation
O Partnership (includes Limited Liability and Husband and Wife Partnerships)
2. Applicant If an LLC, name of LLC; if partnership, at least 2 partner's names, if corporation, nayne of corporation
Crow Valley Liquors LLC I ��
2a Trade Name of Establishment (DBA)
Crow Valley Liquors
3. Address of Premises (speedy exact location of premises
37937 Hwy 14
City
Briggsdale
4. Mailing Address (Number and Street)
PO Box 101
6. It the premises currently have a liquor or beer license, you MUST answer the follovnng questions:
DEPARTMENT USE ONLY
9 Individual
Limited Liability Company
❑ Association or Other
Fein Number
46-1299475
State Sales Tax No.
ark 1350rpq
Business Telephone
TBD
County
Weld
State
CO
State
CO
ZIP Code
80611
ZIP Code
80611
City or Town
Briggsdale
Present Trade tome of Establishment (DBA)
H
L)AB SECTION A NONREFUNDABLE APPLICATION FEES
2300 ❑ Application Fee for New License $1.025.00
2302 El Application Fee for New License -
w/Concurrent Review.... $1,125 00
2310 ❑ Application Fee for Transfer $1,025.00
Present State License No.
NIA
Present Class of License
N �
Present F,xpiration Date
N'IH
LIAR SECTION B (CONY.)
1985 ❑ Resort Complex License (City) $500.00
1986 ❑ Resort Complex License (County) $500.00
1988 ❑ Add Related Facility to Resort Complex... $ 75.00 X Total
19900Club License (City) $308.75
1991 ❑Club License (County) $308.75
2010 ❑ Tavern License (City) $500.00
2011 ❑ Tavern License (County) ... $500.00
2012 ❑ Manager Registration - Tavern $ 75.00
2020 ❑ Arts License (City) $308.75
2021 0 Arts License (County) $308.75
2030 ❑ Racetrack License (City) .......... ........ . $500.00
2031 O Racetrack License (County) ............. ..... $500.00
2040 ❑ Optional Premises License (City) ... _. _. $500 00
2041 ❑ Optional Premises License (County) ... $500.00
2045 ❑ Vintners Restaurant License (City) $750 00
2046 ❑ Vintners Restaurant License (County) $750.00
2220 ❑ Add Optional Premises to H & R .... $100.00 X Iota
2370 ❑ Master File Location Fee $ 25.00 X _Total _
23750 Master File Background $250.00 XTotal _
LIQUOR LICENSE FEES
LIAR SECTION B LIQUOR LICENSE FEES
1905 ❑ Retail Gaming Tavern License (City) $500.00
1906 0 Retail Gaming Tavern License (County) $500.00
$227 50
1941 In Retail Liquor Store License (County) $312.50
1950 O Liquor Licensed Drugstore (City) ... . $227.50
1951 0 Liquor Licensed Drugstore (County) _ $312.50
1960 ❑ Beer and Wine License (City) $351.25
1961 O Beer and Wine License (County) $436.25
1970 O Hotel and Restaurant License (City) _.._ $500.00
1971 0 Hotel and Restaurant License (County) $500.00
1975 ❑ Brew Pub License (City) $750.00
1976 O Brew Pub License (County) $750.00
1980 ❑ 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 8 R $ 75.00
1940 0 Retail Liquor Store License (City)
DO NOT WRITE IN THIS SPACE - FOR DEPARTMENT OF REVENUE USE ONLY
LIABILITY INFORMATION
County
City
Industry Type
License Account Number
Liability Data
License Issued Through
(Eaplreltsn Oats)
FROM
TO
Ststs
_-750(999)
City
2180-100(999)
County
2190.100(999)
Managers Reg
-750 (999)
%!////%O/0A
Coon Fund New Llama
2300-100
(999)
Con Fund Tenets Llamas
2310-100
(999)
TOTAL
•
DR 8404 (05/07t09) Page 2
APPLICATION DOCUMENTS
CHECKLIST AND WORKSHEET
Instructions:1 his 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.
❑ D. Return originals to local authority.
❑ E. Additional information may be required by the local licensing authority.
II.
DIAGRAM OF THE PREMISES
ft A. No larger than 8 1/2" X 11".
0 B. Dimensions included (doesn't have to be to scale). Exterior areas should show control (fences, walls, etc.).
m C. Separate diagram for each floor (if multiple levels).
D. Kitchen - identified if Hotel and Restaurant.
III.
PROOF OF PROPERTY POSSESSION
❑ A. Deed in name of the Applicant ONLY (or)
0 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.
BACKGROUND INFORMATION AND FINANCIAL DOCUMENTS
►4 A. Individual History Record(s) (Form DR 8404-I).
J 8. Fingerprints taken and submitted to local authority. (State authority for master file applicants.)
❑ C. Purchase agreement, stock transfer agreement, and or authorization to transfer license.
• D. List of all notes and loans.
V.
CORPORATE APPLICANT INFORMATION (If Applicable)
!r 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.
• D. List of officers. directors and stockholders of parent corporation (designate 1 person as "principal officer").
VI.
PARTNERSHIP APPLICANT INFORMATION (If Applicable)
I A. Partnership Agreement (general or limited). Not needed if husband and wife.
VII.
LIMITED LIABILITY COMPANY APPLICANT INFORMATION (If Applicable)
►2 A. Copy of articles of organization (date stamped by Colorado Secretary of State's Office).
1 B. Copy of operating agreement.
• C. Certificate of Authority (if foreign company).
VIII.
APPLICATION
MANAGER REGISTRATION FOR HOTEL AND RESTAURANT, TAVERN LICENSES WHEN INCLUDED WITH THIS
❑ A. S75.00 fee.
• B. Individual History Record (DR 8404-I).
DR 8904 (05,07/09) Page 3
O. 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? ❑ m
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 (m 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.
■ IZI
■ �I
•►�
8. Has a liquor license application (same license class), that was located within 500 feet of the proposed premises, been denied within
preceding two years? If "yes," explain in detail.
the
•
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
limited liability company, or officers, stockholders or directors it a corporation)? If yes, Identify the name of the business and list
current or former financial interest in said business including any bans to or from a licensee.
if a
any
• '4
11.
a.
Attach
entrances,
to
Does the Applicant, as listed on line 2 of this application,
arrangement?
in
of
have legal possession of the premises by virtue of ownership, lease or other
fq�
Detail)
Era
■ Ownership ® Lease ■ Other (Explain
If leased, list name of landlord and tenant, and date
expiration, EXACTLY as they appear on the lease:
#&� rf0--
Landlord
Steven and Chris Schultz
Tenant 04
Crow Valley LiquosLLC
Expireses I5. _
Dec. 2014
a diagram and outline or designate the area to be licensed (including dimensions) which shows the bars, brewery, wags, partitions,
exits and what each room shall be utilized for in this business. This diagram should be no larger than 8 1/2" X 11". (Doesn't have
be to scale)
12. Who, besides the owners listed in this application (including persons, firms, partnerships, corporations, limited liability companies),
will loan Of 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
Chris A. Schultz
50%
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 Licensee
Has a local ordinance or resolution authorizing optional
Number of separate Optional Premises areas requested.
with Optional Premises
premises been adopted?
N/A (See License Fee Chart)
Yes
No
• •
14. Liquor Licensed Drug Store applicants, answer the following:
(a) Does the applicant for a Liquor Licensed Drug Store have license issued by the Colorado Board of
Pharmacy? COPY MUST BE ATTACHED. N h
Yes No
• •
It
Club Liquor Lianas applicants answer the following
(a) Is the applicant organization operated solely
not fa pecuniary gain?
(b) Is the applicant organization a regularly
operated solely for the object of a patriotic
(c) How long has the club been incorporated?
required)
and attach:
for a national, sodel, fraternal, patriotic, political or athletic purpose and Yes
chartered branch, lodge or chapter of a national organization which is
or fraternal organization or society, but not for pecuniary gain?
'�'1t (d) Has applicant occupied an establishment for three years
N I ,4 that was operated solely for the reasons stated above?
No
• •
■ ❑
■ •
(Three years
16. Brew -Pub License or Vintner Restaurant Applicants answer the following: Yes
(a) Has the applicant received or applied for a Federal Permit? � l'
(Copy of permit or application must be attached) /v 14
No
■ ■
17a. Name of Manager (for all on -premises applicants)
application for a Hotel, Restaurant or Tavern License,
17b. Does this manager act as the manager of, or have a
licensed establishment in the State of Colorado? If
Chris A Schultz (If this is an
8404-I).
Date of Birth
the manager must also submit an Individual History Record (DR
financial interest in, any other liquor
yes, provide name, type of license and account number.
Yes
No
■ [i
it 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 (LW) 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? O d
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 Ilst 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'
Chris A. Schultz
34978 WCR 83, Briggsdale, CO 80611
03/04/56
Co -Owner
50%
Steven R. Schultz
34978 WCR 83, Briggsdale, CO 80611
02/25/52
Co -Owner
50%
'If total ownership percentage disclosed here does not total 100% applicant must check this box
❑ Applicant affirms that no individual other than these disclosed herein, owns 10% or more of the applicant
Additional
❑
❑
P4
•
Documents to be submitted by type
CORPORATION ❑ Cert. of lncorp.
PARTNERSHIP ❑ Partnership Agreement
LIMITED LIABILITY COMPANY u2f Articles
ASSOCIATION OR OTHER Attach copy of
Ill
agreements
of entity
Cert. of Good Standing (if more than 2 yrs. old) ❑ Cert. of Auth.
(General or Limited) ❑ Husband and Wife partnership (no
of Organization ❑ Cert. of Authority (if foreign company)
creating association or relationship between the parties
written
!4
(if a foreign corp.)
agreement)
Operating Agrmt.
Registered Agent (if applicable)
Chris A. Schultz
Address for Service
34978 WCR 83, Briggsdale, CO 80611
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.
Authoriiz 1 Signatur%
(�V' He��
Title
Co Owner
Date
1a lg/ (3
REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (CITY/COUNTY)
Date application filed with local authority
A
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
['Seen fingerprinted [' ❑
,een subject to background investigation. including NCC/CCIC check for outstanding warrants i ■
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 g/❑
(Check One) I
Date of Inspection or Anticipated Date �+(i1'
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 rY,''` ; i-
Weld Count Colorado 4 _.1, 4<`2)
%
Telephone Number
970-356-4000 x 4225
� TOWN, CITY
O COUNTY
Sign
// �"
r
tale
B
` rd of County Commissioners
Date
MAY 0 6 2013
Signatur (attest) , ,
BY= �
e
Jerk to the Board
Date
MAY 0 6 2013
?013 /107
DR 8404-I (07/25/11)
COLORADO DEPARTMENT OF REVENUE
LIQUOR ENFORCEMENT DIVISION
1881 PIERCE STREET RM 108.A
DENVER CO 80261
INDIVIDUAL HISTORY RECORD
To be completed by the following persons, as applicable: sole proprietors; general partners regardless of percentage ownership,
and limited partners owning 10% or more of the partnership; all principal officers of a corporation, all directors of a corporation,
and any stockholder of a corporation owning 10% or more of the outstanding stock; managing members or officers of a
limited liability company, and members owning 10% or more of the company; and any intended registered manager of
Hotel and Restaurant or Tavern class of retail license.
NOTICE: This individual history record requires information that is necessary for the licensing investigation or inquiry. All questions
must be answered in their entirety or the license application may be delayed or denied. If a question is not applicable, please indicate
so by "N/A". Any deliberate misrepresentation or material omission may jeopardize the license application.
1. Name of Business aye
Crow Valley LiquosLLC
2. Your Full Name (last, first, middle)
Schultz, Steven Ralph
4. Mailing address (if different from residence)
P O Box 101, Briggsdale, CO 80611
3. List any other names you have used.
Schultz, Steve
5. List current residence address. Include any previous addresses within the last five years (attach separate sheet if necessary).
STREET AND NUMBER
Current
34978 WCR 83
CITY, STATE, ZIP
FROM
TO
Briggsdale, CO 80611
2001
Present
Previous
14497 WCR 76
6. List all employment within the last five years. Include any se f employment. (Attach separate sheet if necessary)
Eaton, CO 80615
1985
2001
NAME OF EMPLOYER OR BUSINESS
ADDRESS (STREET, NUMBER, CITY, STATE, ZIP)
POSITION HELD
FROM
TO
Self
34978 WCR 83, Briggsdale, CO 80611
Rancher
1991
Present
7. List the name(s) 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
N/A
8. Have you ever applied for, held, or had an interest in a Colorado Liquor or Beer License, or loaned money, furniture, fixtures, equipment or
inventory to any licensee? If yes, answer in detail. Yes 0 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 United States? If yes, explain in detail. � Yes 0 No
10. Have you
or do you have
ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited bail for any offense in criminal or military court
any charges pending? (If yes, explain in detail )
No
❑Yes !A
11. Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of a deferred sentence? (if yes, explain in detail.)
❑ Yes ® No
12. Have you
ever had any professional license suspended, revoked, or denied? (If yes, explain in detail.)
III Yes �ANo
PERSONAL AND FINANCIAL INFORMATION
Unless otherwise provided by law, the personal information required in question #13 will be treated as confidential.
The personal information required in question #13 is solely for identification purposes.
13a. Date of Birth
b. Social Security Number SSN
c. Place of Birth
Greeley, Colorado
d. U.S. Citizen?
Wives ❑ No
e. If Naturalized, State where
N/A
f. When
N/A
g. Name of District Court
N/A
h. Naturalization Certificate Number
N/A
i. Date of Certification
N/A
j. If an Alien, Give Alien's Registration Card Number
N/A
k. Permanent Residence Card Number
N/A
I. Height
5' 8"
m. Weight
270
n. Hair Color
Bra
o. Eye Color
Blu
p. Sex
M
q. Race
Whi
r. Do you have a
curre t Driver's License? If so, give number and state
)(
'A Yes •No
14. Financial Information.
a. Total purchase price $_
partnership, limited liability
d)QdO (if
buying an existing business) or
investment being made by the applying entity, corporation,
company, other
$ N/A
b. List the total amount of
stock purchases or fees paid
your investment in this business including any notes,
$ 30,000
loans, cash, services or equipment, operating capital,
c. Provide details of the Investment described in 14.b. You must account for all of the sources of this investment. Attach a separate sheet if needed.
Type: Cash, Services or Equipment
Source
Amount
Cash
Personal Property ..r Cpta✓ad.0
$30,000
d. Loan Information (attach copies of all notes or loans)
Name of Lender
Address
Term
Security
Amount
N/A
Oath of Applicant
I declare under penalty of perjury that this application and all attachments are true, correct, and complete to the best of my knowledge.
Autho ed Si ature ji
L ,,, /
Title
Co -Owner
Date/
a 1��$ (3
DR 8404-1 (07/25/11)
COLORADO DEPARTMENT OF REVENUE
LIQUOR ENFORCEMENT DIVISION
1881 PIERCE STREET RM 108A
DENVER CO 80261
INDIVIDUAL HISTORY RECORD
To be completed by the following persons, as applicable: sole proprietors; general partners regardless of percentage ownership,
and limited partners owning 10% or more of the partnership; all principal officers of a corporation; all directors of a corporation,
and any stockholder of a corporation owning 10% or more of the outstanding stock; managing members or officers of a
limited liability company, and members owning 10% or more of the company; and any intended registered manager of
Hotel and Restaurant or Tavern class of retail license.
NOTICE: This individual history record requires information that is necessary for the licensing investigation or inquiry. All questions
must be answered in their entirety or the license application may be delayed or denied. If a question is not applicable, please indicate
so by "N/A". Any deliberate misrepresentation or material omission may jeopardize the license application.
1. Name of Business
Crow Valley Liquor5LLC
2. Your Full Name (last, first, middle)
Schultz, Chris Ann
3. List any other names you have used.
Houtchens, Jackson, Bowland
4. Mailing address (if different from residence)
P O Box 101, Briggsdale, CO 80611
5. List current residence address. Include any previous addresses within the last five years (attach separate sheet if necessary).
STREET AND NUMBER
CITY, STATE, ZIP FROM
TO
Current
34978 WCR 83
-Previous
14497 WCR 76
Briggsdale, CO 80611
2001
Present
Eaton, CO 80615
1985
2001
6. List all employment within the last five years. Include any se f employment. (Attach separate sheet if necessary)
NAME OF EMPLOYER OR BUSINESS
ADDRESS (STREET, NUMBER, CITY, STATE, ZIP)
POSITION HELD
FROM
TO
Hensel Phelps Construction Co.
420 6th Ave, P O Box 0, Greeley CO 80632
legal assistant
1991
2012
7. List the name(s) 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
N/A
8. Have you ever applied for, held, or had an interest in a Colorado Liquor or Beer License, or loaned money, furniture, fixtures, equipment or
inventory to any licensee? If yes, answer in detail.
Yes 7No
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 United States? If yes, explain in detail. Yes 7 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? (If yes, explain in detail )
-- Yes ' No
11.
•
Are you
Yes
currently under probation (supervised or unsupervised), parole, or completing the requirements of a deferred sentence? (if yes, explain in detail )
FA No
12. Have you ever had any professional license suspended, revoked, or denied? (If yes, explain in detail.)
{--1 Yes &i6 No
PERSONAL AND FINANCIAL INFORMATION
Unless otherwise provided by law, the personal information required in question #13 will be treated as confidential.
The personal information required in question #13 is solely for identification purposes
13a. Date of Birth
b. Social Security Number SSN
c. Place of Birth ' d. U.S. Citizen?
Akron, Colorado i lc Yes [ [ No
e. If Naturalized, State where
N/A
f. When g. Name of District Court
N/A N/A
I
h. Naturalization Certificate Number I i. Date of Certification
N/A I N/A
j. If an Alien, Give Alien's Registration Card Number
1 N/A
; k. Permanent Residence Card Number
N/A
I. Height I m. Weight In. Hair Colorlo. Eye Color; p. Sex I q. Race
5'4" .'160 IBro {Bro IF jWhi
r. Do you have a
✓
14. Financial Information. /
a. Total purchase pnce $ tO0 (if buying an existing business) or investment being made by the applying entity, corporation,
partnership, limited liability company, other $ N/A
b. List the total amount of your investment in this business including any notes, loans, cash, services or equipment, operating capital,
stock purchases or fees paid $ 30,600
c. Provide details of the Investment described in 14.b. You must account for all of the sources of this investment. Attach a separate sheet if needed.
Type: Cash, Services or Equipment
Source
Amount
Cooler
Personal Property
$100
Cooler
Personal Property
$500
Cash
Personal Property t � C018,024-0
$30,000
d. Loan Information (attach copies of all notes or loans)
Name of Lender
Address
Term
Security
Amount
N/A
Oath of Applicant
I declare under penalty of perjury that this application and all attachments are true, correct, and complete to the best of my knowledge.
Authorized Signa}we
Q 1-t,
14
Title
Co -Owner
Date/
3IBS 113
u
3
•
akb
1
Cr
Colorado Commercial Lease Agreement
This Commercial Lease Agreement ("Lease") is made and effective April 1, 2013, by
andd between Chris A d Steven O Schultz ("Landlord") d Crrn.. `vialley Liquor I I r
UGIYYGGII .#IIrIJfI. 0114 VLCVCII R. VL.,I lUILL La11UIUlU / and Crow va11Gy LLV
("Tenant").
Landlord is the owner of land and improvements commonly known and numbered as
37937 Hwy. 14, Briggsdale, CO 80611 and as defined in Exhibit A and legally described
ao fIJiivrVO (thC "Eh u11d11 I^y��i: part of I -I. A , RGWrdC4 Exclilptivl ll I IV. vv4.�i-2 v -v4 REC12-
0079.
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,
d. 'r. dherein d fr.r4h
\ J11UIt1U110 and provision J herein GII I Jet IUI 111.
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 April 1, 2013 and ending
December 31 201 A Landlord hall '4n best efforts to Tenant LJCLrC111 UCI J 1, G I t. L011UIUlU 011011 use ILO best GI IUI LJ to give 1 CI I IIL f./UJJCJJIVI 100
nearly as possible at the beginning of the Lease term. If Landlord is unable to timely
provide the Leased Premises, rent shall abate for the period of delay. Tenant shall
make no other claim against Landlord for any such delay.
B. Tenant may renew the Lease for one extended term of two 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 belowand otherwise Upon the saute WYG11CI Ito, conditions and
provisions as provided in this Lease.
2. Rental.
A Tenant
hall p y 4n Landlord during LI IC Initial Tcrlil rental of $7,200.00 per year,
A 1 GI IQI IL shall a to Lal lUl
payable in installments of $600.00 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 34978 WCR 83, Briggsdale, CO 80611 or at such other place
designated by Yvr'44CI I notice from Landlord (-Jr Tenant. ant. The rental payment amount
for any partial calendar months included in the lease term shall be prorated on a
daily basis.
B. The rental Ita. for any rei ,Cvvai lease term, i 1, if created as permitted i l ted under ih10 Lease, shall
be $8,400 per year payable in installments of $700.00 per month.
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 I udder common WnLrol 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,
YVOIIs, 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.
a A uernanne AI m nrnft-wet. .nedn
v. rincl PUL A 10 ailu 1111111 V V G111G1 ILO.
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,
14 fasten 4he 4e the premises. All I Cnu1nminn4, machinery', and fasten LIIc same to LIIc pI CI I III . r -1I personal property, 4 N Y.
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 Li IC 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 I . 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
ail "ewer -win! 10pr operty LOACO VV al I I CSpcana to Landlord's u'J personal property, f any, of 1 Li IC
Leased Premises. Tenant shall be responsible for paying all personal property taxes
with respect to Tenant's personal property at the Leased Premises.
v. iiIJurallc.
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 1,vhile 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 Building d cn the 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
•II IJ4rance, and Tenant shall pr VYIde Landlord YY Lh 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 I.Ui idil lg.
9. Utilities.
Tenant It shall pay all chargC0 for water, sewer, gas, electricity, 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. In the event that any
utility or service provided to the Leased Premises is not separately metered, Landlord
shallshall pay the amount due and 4n1.1 invoice Tenant far Tenant's is hone of
pay LIIC o11 ww 11 uuc all separately invoice Tenant 1x111 IVI I cl 1x1 u0 pro rata share of
the charges. Tenant shall pay such amounts within fifteen (15) days of invoice. Tenant
acknowledges that the Leased Premises are designed to provide standard office use
electrical facilities and standard office lighting. Tenant shall not use any equipment or
devices that utilizes electrical hinh I AInrd'S bin
40VIV00 111a14\I11L00 OAI#C00lVC CICLLI heal energy or UIIIL#I1 may, III La11UIVIUJ IGPJV11QUIG
opinion, overload the wiring or interfere with electrical services to other tenants.
10. Signs.
II Landlord's a Tenant hall ha., Ihn hi ♦ place the Leased
vuVwiilg LaiIVIVI u 0 consent, I cI lanl Shall I lave a Ic right to plal.G on U Ic L.COSGV
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 4 rI to '4h Tenant obtaining. LWI 101 IL. 4_ailulvl'a shall assist and uvv Ncr sac with ICI 101 Il in 54Ul0Il I11 Iy 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 karma f this' 1 4 hall have 4h l live ith
IJUI a Iy the term 1541 a ua Lease, Tenant 011011 I IavC the non-exclusive use irI common VYIU I
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 fithi I the Building or in rca.I rabic
proximity thereto, for Tenant and Tenant's agents and employees.
13. Building Rules.
Tenant VYIll 5454mpiy with the rules of the Building adopted and altered by Landlord from
time to time and will cause all of its agents, employees, invitees and visitors to do so; all
changes to such rules will be sent by Landlord to Tenant in writing. The initial rules for
the Building are attached hereto as Exhibit "A" and incorporated herein for all purposes.
14. 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 Tenant's purvuoco, their 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 da111age at the cost cf 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
4n if any, but further 4n 454 hr. de h advance
payments, i ally uL if 1154 IUILI1c1 payments are i be IiIPVG, 0117 such auvaln.c
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
hln I and which renders 'a -le I rI Premises, y pp rt
reasonable la✓10 WI III UI 01IJ �Y 111V11 Ie11UGIJ Leased 1 IGII IIJOJ, or all a ul lcI 1P11VG
thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's
purposes.
15. fli fai It.
If default shall at any time be made by Tenant in the 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 I andlord nr 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
avai'Inhln do Landlord on d f a Tenant default, either in I -n*. or equity. Landlord
la✓IC to L.aiv v,u 1.111 account v, any Tenant uc,awl, cilnc, u, law vI cy✓Ily. I_ai44I41Iu
shall use reasonable efforts to mitigate its damages.
16. 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.
17. 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 take) IJVJJGJJIVn, 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
vthcr by Lhe wiIdCI I II III aULI nal y.
18. Subordination.
Tenant Q✓Lrc F.1IJ this Lease subject and subordinate to aily 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 tv this Lease i.111 Juc i terms and subject to such conditions ions cis
such mortgagee may deem appropriate in its discretion. Landlord is hereby irrevocably
29. Final Agreement.
This Agreement terminates s d II .4.,rO tan
I I itO t".91 GGII 101 a 101 rn la\c0 ai 14 supersedes all prior ui IUOI Jl0, ii 1gs or agreements on
the subject matter hereof. This Agreement may be modified only by a further writing that
is duly executed by both parties.
VV. Governing . &
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.
tte\
Steven R. Schultz, Landlord
Aaktizas
Chris A. Schultz, Landlord
1I
�, )
Crow Valley Liquors LLC by CE'ns A. Schultz, Tenant
W
M
M
n
ABSORPTIONS
BED
SEPTIC TANK
SIGN
ElaLb;4-A
/OMMERCIAL ACCESS
STATE HWY
PERMIT #412105
SOIL TYPE
DIVIDING LINE
S8 '18'O7"E
387.91'
COUNTY ROAD 77
VACATED ROAD ROW
PER RESOLUTION -1 _
REC.#2657034
12/1/1998
LOT A
3.57 AC.±
(3.11 AC.± W/O
ROAD ROW)
30.0' ACCESS EASEMENT
ACROSS LOT A FOR THE BENEFIT
OF LOT B
ABSORPTION
BED
ENLAISED
TRASO AREA .
O
WATER
WELL
406.58'
CO. 8T. HWY 14
SEPTIC TANK
ACCESS TO BE
REMOVED
SEE NOTE #7
STATE HWY
PERMIT #412106
n
n
n
M
!r-20 18
2D 28
AG. & RES. .
STATE H W'
• PERMIT #41
A
Document must be filed electronically.
Paper documents will not be accepted.
Document processing fee
Fees & forms/cover sheets
are subject to change.
To access other information or print
copies of filed documents,
visit www.sos-state_co.us and
select Business Center.
$50.00
ABOVE SPACE FOR OFFICE USE ONLY
Articles of Organization
filed pursuant to § 7-80-203 and § 7-80-204 of the Colorado Revised Statutes (C.R.S.)
1. The domestic entity name of the limited liability company is
Crow Valley Liquors LLC
(The name of a limited liability company must contain the term or abbreviation
"limited liability company"; "ltd. liability company", 'limited liability co. '; "ltd
liability Co." "limited" "lie.", "Be", or "ltd.". See §7-90-601, C.R.S.)
(Caution: The use of certain terms or abbreviations are restricted by law. Read instructions for more information.)
2. The principal office address of the limited liability company's initial principal office is
Street address
Mailing address
(leave blank if same as street address) (Street number and name or Past Office Box information)
37967 Hwy 14
(Street number and name)
Briggsdale CO 80611
(City)
(Province — if applicable)
(State) (ZIP�'Postal Code)
United States
(Country)
(City)
(State) (ZIPPostal Code)
(Province —ifapplicable) (Country)
3. The registered agent name and registered agent address of the limited liability company's initial registered
agent are
Name
(if an individual)
OR
(if an entity)
(Caution: Do not provide both an individual and an entity name.)
Schultz
(Last)
Chris
(First)
Ann
(Middle) (Suffix)
Street address
34978 WCR 83
(Street number and name)
Briggsdale
(City)
CO 80611
(Slate) (ZIP Code)
ARTORG_LLC
Page 1 of 3 Rev. 02/28/2008
Mailing address
(leave blank if same as street address) (Street number and name or Post Office Box information)
(City)
CO
(State)
(f Re following statement is adopted by marking the box.)
✓ The person appointed as registered agent has consented to being so appointed.
(ZIP Code)
4. The true name and mailing address of the person forming the limited liability company are
Name
(if an individual)
OR
(if an entity)
(Caution: Do not provide both an individual and an entity name.)
34978 WCR 83
Schultz
Chris Ann
(last) (First)
(Middle) (Suffix)
Mailing address
(Street number and name or Post Office Box information)
Briggsdale
(City)
CO 80611
(State) (ZIP/Postal Code)
United States
(Province — if applicable) (Country)
(If the following statement applies, adopt the statement by marking the box and include an attachment.)
n The limited liability company has one or more additional persons forming the limited liability
company and the name and mailing address of each such person are stated in an attachment.
5. The management of the limited liability company is vested in
(Mark the applicable box.)
none or more managers.
OR
n the members.
6. (The following statement is adopted by marking the box.)
n There is at least one member of the limited liability company.
7. (If the following statement applies, adopt the statement by marking the box and include an attachment.)
Fl This document contains additional information as provided by law.
8. (Caution: Leave blank if the document does not have a delayed effective date. Stating a delayed effective date has
significant legal consequences. Read instructions before entering a date)
(If the following statement applies, adopt the statement by entering a date and, ifapplicable, time using the required format.)
The delayed effective date and, if applicable, time of this document is/are
(mmtdd yyyy hour:minute am/pm)
ARTORG_LLC
Page 2 of 3 Rev. 02/28/2008
Notice:
Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or
acknowledgment of each individual causing such delivery, wider penalties of perjury, that the document is the
individual's act and deed, or that the individual in good faith believes the document is the act and deed of the
person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity
with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic
statutes, and that the individual in good faith believes the facts stated in the document are true and the
document complies with the requirements of that Part, the constituent documents, and the organic statutes.
This perjury notice applies to each individual who causes this document to be delivered to the Secretary of
State, whether or not such individual is named in the document as one who has caused it to be delivered.
9. The true name and mailing address of the individual causing the document to be delivered for filing are
Schultz Chris Ann
(Last) (First) (Middle) (Suffix)
34978 WCR 83
(Street number and name or Post Office Box information)
Briggsdale CO 80611
(City)
(State) (ZIP Postal Code)
United States
(Province - if applicable) (Countn)
(If the following statement applies, adopt the statement by marking the box and include an attachment.)
El This document contains the true name and mailing address of one or more additional individuals
causing the document to be delivered for filing.
Disclaimer:
This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice,
and are fumished without representation or warranty. While this form/cover sheet is believed to satisfy
minimum legal requirements as of its revision date, compliance with applicable law, as the same may be
amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should
be addressed to the user's legal, business or tax advisor(s).
ARTORG_LLC
Page 3 of 3 Rev. 02/28/2008
OFFICE OF THE SECRETARY OF STATE
OF THE STATE OF COLORADO
CERTIFICATE
1, Scott Gessler, as the Secretary of State of the State of Colorado, hereby certify that, according to the
records of this office,
Crow Valley Liquors LLC
is a Limited Liability Company formed or registered on 10/31/2012 under the law of Colorado, has
complied with all applicable requirements of this office, and is in good standing with this office. This
entity has been assigned entity identification number 20121608610.
This certificate reflects facts established or disclosed by documents delivered to this office on paper
through 03/27/2013 that have been posted, and by documents delivered to this office electronically
through 03/28/2013 @ 10:56:06.
I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, authenticated,
issued, delivered and communicated this official certificate at Denver, Colorado on 03/28/2013 @
10:56:06 pursuant to and in accordance with applicable law. This certificate is assigned Confirmation
Number 8500609.
%-tfu,
Secretary of State of the State of Colorado
*********************************************End of Certiticate********************************************
Notice: A certificate issued electronically from the Colorado Secretary ofSYate'v Web site is fidly and immediately valid and effective. However,
as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the Certificate Confirmation Page of
the Secretary of State 's Web site, hop s - s.atolr cvo_vi biz 2'erulicaa.1e rwii }tloriu [to entering the certificate's confirmation number
displayed an the certificate, and following the instructions displayed. Confirming the issuance of a certificate is merely optional and is not
necessary to the valid and effective issuance of certificate. For more information, visit our Web site, hop n n u so cshilt .00. ai click Business
Center and select "Frequently Asked Questions."
CGRT _GS_D Revised 08/20/2008
LIMITED LIABILITY COMPANY AGREEMENT
OF
CROW VALLEY LIQUORS L.L.C.
This Limited Liability Company Agreement is entered into as of this Ist day of
November , 2012, by the members, Chris Schultz and Steven Schultz (the
"Company"). The Company shall be governed by the provisions of the Colorado Articles of
Organization of the Company as filed with the Secretary of State of Colorado (the "Articles"),
pursuant to Section 7-80-204 of the Colorado Revised Statutes (CRS) and this Agreement.
A. Pursuant to this Agreement, the Company will exist for the purpose of retail sale
of liquor.
B. The Members desire to enter into this Agreement in order to (among other things)
provide for the Company's management, and to provide for certain other matters, each as set
forth hereunder, and each as permitted under the Act.
ARTICLE I
DEFINITIONS
When used in this Agreement, the following terms shall have the meanings set forth
below (all terms used in this Agreement that are not defined in this Article I shall have the
meanings set forth elsewhere in this Agreement):
1.1 "Agreement" shall mean this Operating Agreement, as originally executed and as
amended from time to time.
1.2 "Articles" shall mean the Articles of Organization for the Company originally
filed with the Colorado Secretary of State and as amended from time to time.
1.3 "Code" shall mean the Internal Revenue Code of 1986, as amended from time to
time, the provisions of succeeding law, and to the extent applicable, the Regulations.
1.4 "Company" shall mean Crow Valley Liquor L.L.C.
1.5 "Act" shall mean the Colorado Limited Liability Act, C.R.S. 7-80-201 et.seq. (the
"Act"), as amended from time to time, and the provisions of succeeding law.
1.6 "Manager" shall be a member and subsequently any person or entity who
succeeds it in that capacity in accordance with the terms of this Agreement.
1.7 "Member" shall mean each Person who (a) is an initial signatory to this
Agreement as a Member, has been admitted to the Company as a Member in accordance with the
Articles or this Agreement or an assignee who has become a Member in accordance with Article
VII and (b) has not resigned, withdrawn, transferred its membership interest to a third party, been
expelled or, if other than an individual, dissolved.
1.8 "Person" shall mean an individual, general partnership, limited partnership,
limited liability company, corporation, trust, estate, real estate investment trust association or any
other entity.
ARTICLE II
FORMATION
2.1 Formation. Pursuant to the Act, the Members have formed a Colorado limited
liability company under the laws of the State of Colorado by causing the filing of the Articles
with the Colorado Secretary of State. The rights and liabilities of the Member shall be
determined pursuant to the Act and this Agreement. To the extent that the rights or obligations
the Member are different by reason of any provision of this Agreement than they would be in the
absence of such provision, this Agreement shall, to the extent permitted by the Act, control.
2.2 Name. The name of the Company shall be Crow Valley LiquoriI.._L.C.
2.3 Purposes. The Primary purposes of the company shall be: (1) retail sale of
liquor; (2) to engage in other lawful business ventures which the Company chooses to pursue;
and (3) to do any and all other things necessary, incidental or related to the foregoing purposes.
2.4 Term. The term of existence of the Company shall commence on the effective
date of filing of the Articles with the Colorado Secretary of State, and shall continue until
terminated by the provisions of this Agreement or as provided by law.
2.5 Offices. The Company, in the discretion of a majority in interest of the Members,
may keep and maintain offices wherever the business of the Company may require.
ARTICLE III
MEMBERS
3.1 Initial Members. The initial Member of the Company and its address is set forth
on the Schedule of Members attached hereto.
3.2 Admission of Additional Members. Additional Members may not be admitted
to the Company except in accordance with the following terms: (1) admission requires the
written consent of a majority in interest of the Members; (2) admission must be in compliance
with applicable federal and state securities laws; (3) no admission will be permitted if such
admission would result in a termination of the company under Section 708(b)(1)(B) of the Code
of 1986, as amended or a disguised sale of the interest of a Member under Code Section
707(a)(2); (4) no admission will be permitted if it causes assets of the Company to be treated as
"plan assets" under Department of Labor Regulations; and (5) the new Member shall accept the
provisions of this Agreement by executing a copy of this Agreement, and the name and address
2
of each such additional Member shall be added to the Schedule of Members attached hereto.
The Members may require that the Units (as defined in Section 4.1) of the new Member be
registered under the Securities Act of 1933, as amended, and all applicable state securities laws,
or that the Company be furnished with an opinion of counsel acceptable to it that such
registration is not required.
3.3 Remuneration To Members. Except as otherwise authorized by the Members,
or pursuant to this Agreement, no Member is entitled to remuneration for acting in the Company
business.
3.4 Transactions With The Company. Subject to any limitations and rights
specifically set forth in this Agreement and subject to the approval of Members and after full
disclosure of the Member's involvement, a Member may lend money to and transact other
business with the Company.
3.5 Resignation of Members.
(a) A Member may resign from the Company at any time by giving 30 days'
prior written notice to the Company and to all of the other Members.
(b) Except as otherwise provided in this Agreement or the Act, a resigning
Member shall be entitled to receive at the same time as corresponding distributions are made to
the remaining Members, any distribution to which the Member is entitled under this Agreement
which has accrued and has not been distributed to such Member as of the time of resignation.
From and after the effective date of resignation, no resigned Member shall be entitled to receive
any distribution of operating income earned after such effective date.
(c) Upon resignation, the number of Units of the resigning Member shall be
reduced to zero for all purposes except for the distributions described in subsection (b) above.
The tax treatment of a distribution to a resigning Member pursuant to subsection (b) above shall
be determined by the Members in their sole discretion. Such tax treatment shall be reasonably
binding upon the resigning Member and the Company.
3.6 Limited Liability of Members. Except as otherwise provided in the Act, the
debts, obligations and liabilities of the Company, whether arising in contract, tort or otherwise,
shall be solely the debts, obligations and liabilities of the company, and no Member of the
Company shall be obligated personally for any such debt, obligation or liability of the Company
solely by reason of being a Member of the Company.
ARTICLE IV
FINANCIAL MATTERS
4.1 Capital Contributions and Units. The equity in the company shall be
represented by Units of interest, as described in this section (the ("Units"). Each initial Member
shall have one Unit in the Company for each $1.00 of capital such Member contributes to the
3
Company in accordance with the attached schedule of members. Unless otherwise specifically
stated, when this Agreement provides for the determination of any matter based on the consent of
a certain proportion in interest of the Members, the interest of each Member shall be determined
based upon the proportion or percentage of the outstanding Units that a Member holds at the time
the determination is made.
4.2 Additional Capital Contributions.
(a) The Members may from time to time decide when reasonably necessary to
carry on the Company's business (other than to fund tort, contract or other liabilities of the
Company), to request additional capital from the Members. The Members desire that any
additional capital contributions be made voluntarily, with each Member being entitled to
contribute his proportionate share, and Members desiring to contribute more than their
proportionate share being able to do so to the extent that other Members choose to contribute less
than their proportionate share. Accordingly, additional capital contributions shall be made in the
manner provided for in the succeeding paragraphs of this Section.
(b) As used herein, the term "Additional Contributions" refers to capital
contributions that the Members determine to be necessary or appropriate to carry on the
Company's business (other than to fund tort, contract or other liabilities of the Company).
(c) From time to time the Members may request Additional Contributions
from the Members, and such contributions shall be made by the Members, as follows:
(1) Each such request shall be made in writing, addressed to all of the
Members as provided herein for notices to the Members, and shall state the total amount
requested of all of the Members (the "Total Request"). Either the notice shall describe the
reasons therefor or the Members shall be advised of the reasons therefor informally or at a
meeting of the Members.
(2) Each Member shall first have the right to make an additional
capital contribution in an amount not greater than the Member's proportionate share of the Total
Request, determined according to the number of Units held.
(3) Each Member shall have the right to make a further capital
contribution in an amount not greater than the Member's proportionate share of the difference
between (a) the Total Request and (b) the total amount of additional capital contributions made
by all of the Members pursuant to clause (2) above. For this purpose, a Member's proportionate
share shall be determined according to the proportion that the number of Units held by the
Member bears to the number of Units held by all Members desiring to make such contributions
until the entire amount of the Total Request has been met by such contributions.
(4) In the event the total of the voluntary contributions made pursuant
to the preceding clauses of this Subsection 3.2(c) does not equal the amount of the Total Request,
then the Members who have agreed to make Additional Contributions in response to the request
shall have ten (10) business days following the expiration of all deadlines to decide whether to
4
rescind their agreement to make the requested Additional Contribution. At the time the
Additional Contributions are made, the Units and proportionate interests held in the Company
shall be recorded on the Schedule of Members attached to the Operating Agreement.
(d) The Members may adopt such procedures, including formal and informal
communications among the Members, as they deem appropriate to ensure that each member has
a full opportunity to make the voluntary contributions permitted by Subsections 4.2(c)(2) and
(3),
4.3 Loans. The Members shall not be required to make any loans to the Company.
However, if any Member shall advance funds to the Company other than as provided in Sections
4.1 and 4.2, unless otherwise agreed, the amount of any such advance shall not increase such
Member's number of Units, but shall be a debt due from the Company to such Member, and
shall be repaid as soon as practicable to such Member together with interest thereon at the
announced prime rate of interest of First Interstate Bank of Denver, N.A. or its successor.
4.4 Third Party Loans. The Company may obtain third party loans or lines of credit
to carry on the business and affairs of the Company, provided that any such third party loans
shall require the approval of the Members and shall be subject to all other provisions of this
Agreement.
4.5 Withdrawal of Capital. No Member shall have the right to withdraw any part of
its capital contribution prior to the dissolution of the Company, except as provided in this
Agreement. No Member shall have the right to receive any property other than cash in return for
its capital contribution. No Member shall be entitled to interest on its capital contribution. Each
Member expressly waives the right (if any) to bring an action for partition of any property in
which the Company may have an interest.
4.6 Allocation of Profits and Losses. The profits and losses of the company shall be
allocated as follows:
(a) Except as otherwise provided in subsection (b) of this section, profit and
loss shall be allocated in accordance with the number of Units held by the respective Members.
Allocation of profit and loss to a Member for the taxable year during which the number of Units
held by the respective Members changes shall be determined by prorating allocations determined
pursuant to the preceding sentence based upon the number of days in the taxable year through the
change in the number of Units.
(b) Gain or loss on a sale or deemed sale of all or substantially all the assets of
the Company shall be allocated so that, to the maximum extent possible, the Members' resulting
capital account balances are in the same ratio as their respective numbers of Units in effect on
the day of the sale or deemed sale.
(c) Notwithstanding the foregoing, the "qualified income offset" rules of
Treas. Reg. Section 1.704-1(b)(2)(ii)(d), and the "minimum gain chargeback" rules of Treas.
allocation of Company items.
5
(d) Any "partner nonrecourse deductions" for a taxable year shall be allocated
to the Member that bears the economic risk of loss for the liability in accordance with Treas.
Reg. Section 1.704-2(h). If there is a net decrease during a Company taxable year in the
minimum gain attributable to a ""partner nonrecourse debt"" the chargeback rules of Treas. Reg.
Section 1.704-2(i) shall apply.
(e) In accordance with Code Section 704(c)(1)(A) and the Treasury
Regulations thereunder, solely for federal and loss and deduction with respect to any property
contributed to the Company shall be allocated among the Members so as to take account of any
variation between the adjusted basis of such property to the Member for federal income tax
purposes and its fair market value at the time of contribution.
(0 To the extent consistent with the foregoing, allocations to a Member of
profit or loss for a taxable year shall consist of a prorata portion of each item of profit or loss.
For purposes of this section, "profit or loss" refers to taxable income of the Company as
computed under Code Section 703, but taking into account also (I) any item of income exempt
from Section 705(a)(2)(B) or treated as described in Section 705(a)(2)(B) by Regulations
promulgated under Code Section 704(b).
(g) Notwithstanding any other provision of this Agreement to the contrary,
each Member will be allocated at least 1% of each material item of income, gain, loss, deduction
or credit.
4.7 Determination of Funds Available for Distribution. The Members shall from
time to time determine whether any Company funds are available for distribution. Distributions
shall be made in the sole discretion of the Members. As provided in the Act, the Company shall
not make a distribution to a Member to the extent that, after giving effect to the distribution, all
of the liabilities of the Company, other than liabilities to Members on account of their Units and
liabilities for which the recourse of creditors is limited to specified property of the Company,
would exceed the fair value of specified property of the company, would exceed the fair value of
the assets of the company, except that the fair value of property that is subject to a liability for
which the recourse of creditors is limited shall be included in the assets of the Company only to
the extent that the fair value of that property exceeds that liability.
4.8 Distributions of Income. Any income that is available for distribution to the
Members in accordance with their respective numbers of Units at the time of the distribution.
4.9 Distributions of Proceeds from the Sale of Company Assets. After allocating
gain or loss under Section 3.5 from the event giving rise to the gain or loss, all proceeds from the
sale or exchange of Company assets that are available for distribution shall be distributed to the
Members in accordance with their respective numbers of Units at the time of the distribution, and
all proceeds available for distribution upon the dissolution of the Company shall be distributed to
the Members as provided in Section 7.2.
6
4.10 Capital Accounts. Separate capital accounts shall be maintained for each
Member. In general, a Member's capital account shall be increased by the Member's capital
contribution and its share of income and gain and shall be reduced by its share of losses,
deductions, credits and distributions to it.
4.11 Taxation as Partnership. The Members intend that the Company will be treated
as a partnership for federal and, to the extent possible, applicable state income tax purposes.
ARTICLE V
MANAGEMENT OF THE COMPANY
5.1 Management of the Company.
(a) The business and affairs of the Company shall be managed exclusively by
the Manager. Except for situations in which the approval of the Members is expressly required
by the Articles or this Agreement, the Manager shall have full, complete and exclusive authority,
power, and discretion to manage and control the business and affairs of the Company, to make
all decisions regarding those matters and to perform any and all other acts or activities customary
or incident to the management of the Company's business and affairs.
(b) The Manager is authorized to endorse checks, drafts, and other evidence
of indebtedness made payable to the order of the Company, but only for the purpose of deposit
into the Company's accounts, and may sign all checks, drafts, and other instruments obligating
the Company to pay money, and may sign contracts and obligations on behalf of the Company.
(c) The Company shall have one (1) Manager, which shall be Chris Schultz.
The Members may, from time to time, by resolution designate another Member or one or more
specified officers, employees or agents thereof or of the Company to act for the Company in
such matters as are referenced in such resolution.
(d) Except for reimbursements specified in this Article, no Manager or
affiliate of a Manager is entitled to remuneration for services rendered or goods provided to the
Company.
(e) The Manager shall perform its managerial duties in good faith, and in a
manner it reasonably believes to be in the best interests of the Company and its Members. The
Manager who performs the duties of Manager shall not have any liability by reason of being or
having been a Manager of the Company. A Manager shall not be liable to the Company or to
any Member for any loss or damage sustained by the Company or any Member.
5.2 Dealing With Property. Real and personal property owned or purchased by the
Company shall be held and owned, and conveyance made, in the name of the Company.
Instruments and documents providing for the acquisition, mortgage or disposition of property of
the Company shall be valid and binding upon the Company if executed by the Manager or one or
7
more Members holding a majority of Units in the company or by an employee or agent of the
Company authorized by the Members to so execute such instruments and documents.
5.3 Expense Reimbursement. The Manager and Members shall be reimbursed by
the Company for all reasonable expenses incurred by them on behalf of the Company, including,
without limitation, all reasonable expenses incurred by them in connection with the formation of
the Company and the acquisition of Company assets.
5.4 Other Activities. Each of the Members shall devote such time to the business of
the Company as he, in his reasonable discretion, considers necessary or advisable. Each of the
Members may at any time, during the term of this Agreement or thereafter, engage and own an
interest in any other business or activity, individually or through any venture or entity. Nothing
contained in this Agreement shall be construed to constitute any Member to be the agent or
general partner of any other Member, nor in any manner to limit any Member in the carrying on
of its other respective businesses or activities.
5.5 Books and Records.
(a) The Manager shall cause to be maintained complete and accurate books of
account of the company's affairs at the company's principal place of business. The Company's
books shall be kept on the accrual method of tax accounting generally applicable to partnerships,
provided that another method may be applied for financial statement reporting purposes with
advice of the company's accountants. The Company's accounting period, taxable year and fiscal
year shall be the twelve months ending May 31 of each year, unless otherwise required by the
Code or the regulations thereunder.
(b) The Company shall keep at the principal office of the company, (1) a
current list of the full name and last known business, residence or mailing address of each
Member, both past and present; (2) a copy of the Limited Liability Company Agreement and the
Articles and all amendments thereto, together with executed copies of any written powers of
attorney pursuant to which any amendment has been executed; (3) copies of the Company's
federal, state and local income tax returns and reports, if any, for the three most recent years; (4)
copies of financial statements of the Company for the three most recent years; (5) minutes of
every meeting of Members and consents and action taken by Members without a meeting; and
(6) true and full information regarding the amount of cash and a description and statement of the
agreed value of any other property or services contributed by each Member and which each
Member has agreed to contribute in the future, and the date on which each became a Member.
5.5 Reports and Information. The Manager shall cause the company to deliver to
each Member semi-annually reports as to the Company's activities and in any event to keep each
Member currently informed of all material occurrences relating to the Company. Tax returns of
the Company shall be provided to all Members for their review at least 30 days before filing. By
not later than March 30 of each year, the Company shall mail to each Member sufficient
financial and tax information concerning the results of Company operations as is necessary for
each Member to file his own federal and state income tax return for the preceding year. Any
Member or its duly authorized representative shall have the right to inspect and copy any of the
8
company books and records required to be kept pursuant to Section 5.5 during ordinary business
hours for any purpose reasonably related to the Member's interest as a Member of the Company.
The Member shall pay any actual cost of copying such books and records, and shall pay any
special costs (such as enlargement from microfilm or computer printout) which may be required
in connection with such inspection. Such inspection shall be conducted at a time and in a
manner so as not to interfere with the operation of the business of the company. In no event shall
the Company be compelled to prepare compilations or summaries which are not customarily
maintained in the conduct of the business of the Company. In the event the Member wishes to
inspect records which are not maintained at the principal place of business, such as records on a
shared or rented computer system, the Company shall have a reasonable time to produce such
records at the principal place of business of the Company.
5.6 Appointment of Officers. The Members may appoint such officers as they deem
appropriate in their discretion, which officers shall serve at the will, be subject to the direction,
and constitute agents of the Members. Such officers shall have such titles and such specific
duties and powers as may be delegated to them by the Members by resolution from time to time.
5.7 Limited liability Company Reports. The Company shall file reports on behalf
of the company with the Secretary of State of Colorado as required under the Act.
ARTICLE VI
MEETINGS AND NOTICES
6.1 Meetings of Members. Meetings of Members may be held at such place, either
within or without the State of Colorado as may be stated in the notice of meeting. If no place is
stated in the notice of meeting, the meeting shall be held at the principal office of the Company.
6.2 Regular and Special Meetings. Regular meetings of Members shall be held
quarterly at such time and place as the Members may, by resolution, establish, which meetings
may be held without further notice. Special meetings of the Members may be called by the
Manager or Members holding 10% or more of the Units.
6.3 Notice of Members' Special Meetings. Written notice stating the place, day and
hour of any special meeting shall be delivered not less than one thy before the date of the
meeting by or at the direction of the persons calling the meeting to each Member of record
entitled to vote at such meeting. If three successive notices sent to the last known address of a
Member are returned as undeliverable, no further notices to such Member shall be necessary
until another address for such Member is made known to the company. A waiver of notice of a
meeting in writing, signed by the Member entitled to such notice, whether before, at or after the
time stated therein, shall be equivalent to the giving of notice of a meeting or any other matter.
By attending a meeting, a Member: (a) waives objection to lack of notice or defective notice of
such meeting unless the Member, at the beginning of the meeting, objects to the holding of the
meeting or the transacting of business at the meeting; and (b) waives objection to consideration
9
at such meeting of a particular matter not within the purpose or purposes described in the
meeting notice unless the Member objects to considering the matter when it is presented.
6.4 Method of Notices. Any notice or document required to be given to any Member
or to the Company shall be in writing and shall be deemed delivered (1) upon personal delivery,
(2) upon telephonically confirmed delivery by telefax, (3) on the first business day after
receipted delivery to a courier service that guarantees next -business -day delivery, under
circumstances where such guaranty is applicable, or (4) on the earlier of delivery or three days
after deposit in the United States mail, addressed to the recipient, with postage prepaid. Notices
given to the Company shall be addressed to the Company at the address of the principal office of
the Company. The Company shall maintain a record of names and addresses of the Members
and any notice given the Members shall be given according to the names and addresses on such
record.
6.5 Voting Rights of Members. In all matters presented to or requiring a vote of
Members, each Member shall have the number of votes equal to the number of Units held by the
Member. A Member may vote in person or by proxy. Cumulative voting shall not be permitted.
The presence at a meeting of a Member or Members holding at least a majority of Units in the
Company shall constitute a quorum at any meeting of Members. If a quorum is present, the
affirmative vote of the majority in interest of the Members represented at the meeting and
entitled to vote on the subject matter shall be the act of the Members unless the vote of a greater
number is required under the Act or other provisions of this Agreement.
6.6 Adjourned Meetings. If a quorum is not represented at a meeting of Members,
such meeting may be adjourned for a period not to exceed 60 days at any one adjournment.
When a meeting is adjourned to another time or place, whether the adjournment is for lack of
quorum or otherwise, notice need not be given of the adjourned meeting if the time and place
thereof are announced at the meeting at which the adjournment is taken. At any adjourned
meeting, the company may transact any business which might have been transacted at the
original meeting. If the adjournment is for more than 30 days, a notice of the adjourned meeting
shall be given to each Member entitled to vote at the meeting.
6.7 Action of Members without a Meeting. Action required or permitted by the Act
to be taken at a Members' meeting may be taken without a meeting if the action is evidenced by
one or more written consents describing the action taken, signed by each Member entitled to
vote. Action so taken shall be effective when all Members entitled to vote have signed the
consent unless the consent specifies a different effective date in which case the action shall be
effective as of the different effective date. Written consent of Members entitled to vote shall
have the same force and effect as a unanimous vote of such Members.
6.8 Telephonic Participation. Members may participate in any Members' meeting
through the use of any means of conference telephones or similar communications equipment as
long as all Members participating can hear one another. A Member so participating is deemed to
be present in person at the meeting.
10
ARTICLE VII
DISSOLUTION AND TERMINATION
7.1 Events of Dissolution. The Company shall be dissolved upon the occurrence of
any of the following events:
(a) the death, retirement, resignation, expulsion, bankruptcy or dissolution of
a Member or the occurrence of any other event which terminates the continued membership of a
Member in the company, unless there are at least two remaining Members and the business of
the company is continued by the consent of a majority in interest based on both profits and
capital of the remaining Members within 90 days after the event which terminates the continued
membership of a Member;
(b) the unanimous written agreement of all of the Members;
(c) the happening of any event which makes it unlawful for the Company's
business to be continued; or
(d) the entry of a decree of judicial dissolution under the Act.
7.2 Certificate of Dissolution. As soon as possible following the occurrence of any
of the events specified in Section 7.1, the Manager or, if none, the Members, shall
execute a Certificate of Dissolution in such form as shall be prescribed by the
Colorado Secretary of State and file the Certificate of Dissolution as required by the
Act.
7.3 Winding Up. Upon the occurrence of any of the events specified in Section 9.1,
the Company shall continue solely for the purpose of winding up its affairs in an orderly manner,
liquidating its assets, and satisfying the claims of its creditors. The Manager or, if none, the
Members, shall be responsible for overseeing the winding up and liquidation of the Company,
shall take full account of the liabilities of the Company and its assets, shall either cause its assets
to be sold or distributed, and if sold shall cause the proceeds therefrom, to the extent sufficient
therefore, to be applied and distributed as provided in Section 7.4. The Persons winding up the
affairs of the Company shall give written notice of the commencement of winding up by mail to
all known creditors and claimants whose addresses appear on the records of the Company. The
Manager or Members winding up the affairs of the Company shall be entitled to reasonable
compensation for such services.
7.4 Liquidation. Upon the dissolution of the Company, the liquidator designated by
a majority in interest of the Members (in accordance with respective numbers of Units then in
effect) shall act as liquidator to wind up the affairs of the Company. The liquidator shall have
full power and authority to sell, assign and encumber any or all of the Company's assets and to
wind up and liquidate the affairs of the Company in an orderly and businesslike manner and on
such terms and conditions as it deems necessary or advisable, without the consent of the
Members. In connection with distributions in winding up the affairs of the Company on
11
dissolution, no Member shall be required to account to the Company for any deficit which may
exist in the capital account of such Member. All proceeds from liquidation shall be applied in
the following order of priority: (1) first, to the payment of creditors, including Members if they
are creditors, to the extent otherwise permitted by law, in satisfaction of liabilities of the
Company (whether by payment or the making of reasonable provision for payment thereof) other
than liabilities for which reasonable provision for payment has been made and liabilities for
distributions to Members under Section 4.8 or 4.9 of this Agreement; (2) second, to the
establishment of such reserves as the liquidator deems necessary or advisable; and (3) third, to
the Members and former Members (to the extent not previously paid) in satisfaction of liabilities
for distributions under Sections 3.7 and 3.8 of this Agreement; and (4) the balance to
distributions to the Members in accordance with their positive capital account balances. Any
distribution to a Member under this Article VI shall be made within the time period prescribed
by Treasury Regulations under Section 704(6) of the Code.
7.5 Distribution in Kind. If any Company assets are to be distributed in kind
to the Members, the liquidator shall, in its discretion, either carry out an informal appraisal or
obtain an independent appraisal of the fair market value of such assets at a date reasonably close
to the date of liquidation and shall distribute such assets to the Members in undivided interests,
as tenants -in -common, in accordance with their respective numbers of Units at the time of the
distribution. The gain or loss shall be determined as if the assets had been sold for their
appraised value and allocated to the Members for the purpose of maintaining capital accounts in
accordance with Article III. Net proceeds shall be determined and the assets shall be distributed
in kind to the Members in accordance with Section 6.2 as if the assets had been sold for the
appraised value. The capital account of each Member shall be debited by the appraised value of
the assets distributed to it.
7.6 Compliance with Regulations. All payments to the Members upon the winding
up and dissolution of the Company shall be strictly in accordance with the positive capital
account balance limitation and other requirements of Regulations Section 1.7041(b)(2)(i)(d).
7.7 Statement of Dissolution. The Manager or Members who filed the Statement of
Dissolution shall cause to be filed in the office of, and on a form prescribed by, the Colorado
Secretary of State, a Certificate of Cancellation of the Articles upon the completion of the
winding up of the affairs of the Company.
ARTICLE VIII
INDEMNITY AND INSURANCE
8.1 Indemnification of Members, Manager, Officers, Employees and Agents.
(a) Expenses for Actions other than by or in the Right of the Company. The
Company shall indemnify any person who was or is a party or is threatened to be made a party to
any threatened, pending, or completed action, suit or proceeding, whether civil, criminal,
administrative or investigative (other than an action by or in the right of the Company) by reason
of the fact that he is or was a Member, Manager, officer, employee or agent of the company, or,
ra
while a Member, officer, employee or agent of the Company, is or was serving at the request of
the company as a Manager, director, officer, employee or agent of another corporation,
partnership, joint venture, trust, association or other enterprise, against expenses (including
attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably
incurred by him in connection with such action, suit or proceeding , if he acted in good faith and
in a manner he reasonably believed to be in or not opposed to the best interests of the Company
and, with respect to any criminal action or proceeding, had no reasonable cause to believe his
conduct was unlawful. The termination of any action, suit or proceeding by judgment, order,
settlement, conviction or upon plea of nolo contendere or its equivalent shall not, of itself, create
a presumption that the person did not act in good faith and in a manner which he reasonably
believed to be in or not opposed to the best interests of the company and, with respect to any
criminal action or proceeding, that he had reasonable cause to believe that his conduct was
unlawful.
(b) Expenses for Actions by or in the Right of the Company. The Company
shall indemnify any Person who was or is a party or is threatened to be made a party to any
threatened, pending or completed action or suit by or in the right of the Company to procure a
judgment in its favor by reason of the fact that he is or was a Manager, officer, employee or
agent of the Company, is or was serving at the request of the Company as a Manager, director,
officer, employee or agent of another corporation, partnership, joint venture, trust, association or
other enterprise, against expenses (including attorneys' fees) actually and reasonably incurred by
him in connection with the defense or settlement of such action or suit, if he acted in good faith
and in the manner he reasonably believed to be in or not opposed to the best interests of the
Company, except that no indemnification shall be made in respect of any claim issue or matter as
to which such person shall have been adjudged to be liable to the Company unless and only to
the extent that the court in which such action or suit was brought shall determine upon
application that, despite the adjudication of liability but in view of all the circumstances of the
case, such person is fairly and reasonably entitled to indemnity for such expenses which the court
shall deem proper.
(c) Successful Defense. To the extent that any person referred to in the
preceding two subsections of this Section has been successful on the merits or otherwise in
defense of any action, suit or proceeding referred to in such subsections, or in defense of any
claim, issue or matter therein, he shall be indemnified against expenses (including attorneys'
fees) actually and reasonably incurred by him in connection therewith.
(d) Determination to Indemnify. Any indemnification under the first two
subsections of this Section (unless ordered by a court) shall be made by the Company only as
authorized in the specific case upon a determination that indemnification of the person is proper
in the circumstances because he has met the applicable standard of conduct set forth therein. In
the case of a Member holding a majority in interest of the Units, such determination shall be
made (i) by independent legal counsel in a written opinion, or (ii) by a majority in interest of the
Members other than such Member. In the case of an officer, employee or agent of the Company,
such determination shall be made (i) by independent legal counsel in a written opinion or (ii) by
a majority in interest of the Members.
13
(e) Expense Advances. Expenses (including attorneys' fees) incurred by a
Member, officer, employee or agent in defending any civil, criminal, administrative or
investigative action, suit or proceeding may be paid by the Company in advance of the final
disposition of such action, suit or proceeding upon receipt of an undertaking by or on behalf of
the Member, officer, employee or agent to repay such amount if it shall ultimately be determined
that he is not entitled to be indemnified by the Company as authorized in this Section.
(f) Provisions Nonexclusive. The indemnification and advancement of
expenses provided by, or granted pursuant to, the other sections of this Section shall not be
deemed exclusive of any other rights to which any person seeking indemnification or
advancement of expenses may be entitled under any other agreement, insurance policy, vote of
Members, statute or otherwise, both as to action in his official capacity and as to action in
another capacity while holding such office.
8.2 Insurance. The company shall have power to purchase and maintain insurance, in
such amounts as the Members deem appropriate, on behalf of any person who is or was a
Member, Manager, officer, employee or agent of the Company, or is or was serving at the
request of the Company as a director, officer, employee or agent of another corporation,
partnership, joint venture, trust, association or other enterprise, against any liability asserted
against him and incurred by him in any such capacity, or arising out of his status as such,
whether or not he is indemnified against such liability or expense under the provisions of this
Section and whether or not the Company would have the power or would be required to
indemnify him against such liability under the provisions of this Section, the Act or any other
applicable law.
ARTICLE IX
GENERAL PROVISIONS
9.1 Entire Agreement. This Agreement embodies the entire understanding and
agreement between the parties concerning the subject matter hereof and supersedes any and all
prior negotiations, understandings or agreements in regard thereto.
9.2 Applicable Law. This Agreement shall be construed in accordance with and
governed by the laws of the State of Colorado.
9.3 Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be considered an original.
9.4 Additional Documents. The Members agree to execute any additional
documents and to perform any additional acts as are or may become necessary or convenient to
carry out the purposes of this Agreement.
9.5 Third Party Beneficiaries. This Agreement shall not benefit or create any right
any right or cause of action in or on behalf of any person other than the parties.
14
9.6 Amendments. Any amendments to this Agreement shall require the approval of
at least two Members who together hold at least a majority of the Units, in a writing specifically
stating the intent to amend this Agreement.
9.7 Successors and Assigns. This Agreement shall be binding upon, and shall inure
to the benefit of, the parties hereto and their respective heirs, executors, administrators,
successors and assigns.
In Witness Whereof, this Agreement is executed as of the date first above written.
(4,,L
Chris A. Schultz
Steven R. Schultz
15
DR 0140 (02/16/11)
DEPARTMENT OF REVENUE
DENVER CO 80261-0013
Must collect
taxes for:
SALES TAX
LICENSE
STATE
COLORADO
USE ACCOUNT LIABILITY INFORMATION ISSUE DATE
NUMBER
for all references county city industry type eaurty date "'°"" day year
27835069-0000 03-0014-003 L 010113, Jan 15 13
LICENSE VALID
TO
DECEMBER31
2013
THIS LICENSE MUST BE POSTED AT THE FOLLOWING LOCATION
IN A CONSPICUOUS PLACE: CROW VALLEY LIQUORS LLC
37937 HIGHWAY 14 BRIGGSDALE CO 80611-9232
h4IIIiIrrijiJIialIiiiIII1111iiulrPIilIIIIialrlrlllllhllh
CROW VALLEY LIQUORS LLC
ATTN: CHRIS A SCHULTZ
PO BOX 101
BRIGGSDALE CO 80611-0101
A Detach Here A
THIS LICENSE IS NOT
TRANSFERABLE
Executive Director
Department of Revenue
Letter Id: L1966697024
Important Verification Process
If you are new to Colorado sales tax visit: www.Colorado.gov/revenue/salestaxbasics
VERIFY that all information on your sales tax license is correct. Modify and update any errors you identify on the Internet through Revenue
Online. Access your tax account, file returns, submit payments, verify sales tax licenses and view sales tax rates through
Revenue Online at www.Colorado.gov/Revenue0nline
All the information you need to register is on this document; have it with you before you begin. Follow these easy steps.
1. Go to www.Colorado.gov/RevenueOnline
2. Click on the Sign Up (Individual or Business) link on the right.
3. Click on Continue.
Now click on: Enter Taxpayer Information. Click on the down arrow in the Account Type list and select Other. Use the first 8 -digits of
the account number shown on your license. Complete the rest of the screen.
Next click on: Enter Login Information and complete the screen (this is information YOU get to create for the account).
Next click on: Enter Account Information and complete the screen.
Your Letter ID is: L1966697024
Then click the Submit button. You will see a confirmation page on your screen. You should receive a confirmation email from the Colorado
Department of Revenue. If you do not, check your Junk email folder. Once you have your Authorization Code return to Revenue Online via
the link in your email. Enter the Login ID and Password you created.
1. Click on the Login button.
2. Enter the Authorization Code from your email (first time only).
3. Click Login. You should then be in your account. NOTE: If you have additional tax types registered under the same Account
Number, such as withholding, you will be able to view those tax types through the account. You do not need to create separate Login
IDs and Passwords for each tax in your account.
Filing Returns
To file a return, go to Revenue Online(www.Colorado.gov/RevenueOnline). You must file a return for each reporting period. If you
have no tax to report, file a "zero" return. Tax reporting and payment are your responsibility. To avoid late penalties and interest, file online
on or before the due date. If you discontinue sales, you may close your business location through Revenue Online.
Learn more and avoid unnecessary errors by attending our free sales tax classes! Sign up at www.TaxSeminars.state.co.us
NT IRSI A REVENUE THETREASURY
CINCINNATI OH 45999-0023
Date of this notice: 10-31-2012
Employer Identification Number:
46-1299475
Form: SS -4
Number of this notice: CP 575 B
CROW VAT,TEY LIQUORS LLC
CHRIS ANN SCHULTZ MDR
PO BOX 101
BRIGGSDALE, CO 80611
For assistance you may call us at:
1-800-829-4933
IF YOU WRITE, ATTACH THE
STUB AT THE END OF THIS NOTICE.
WE ASSIGNED YOU AN EMPLOYER IDENTIFICATION NUMBER
Thank you for applying for an Employer Identification Number (EIN). We assigned you
EIN 46-1299475. This EIN will identify you, your business accounts, tax returns, and
documents, even if you have no employees. Please keep this notice in your permanent
records.
When filing tax documents, payments, and related correspondence, it is very important
that you use your EIN and complete name and address exactly as shown above. Any variation
may cause a delay in processing, result in incorrect information in your account, or even
cause you to be assigned more than one EIN. If the information is not correct as shown
above, please make the correction using the attached tear off stub and return it to us.
Based on the information received from you or your representative, you must file
the following form(s) by the date(s) shown.
Form 1065 04/15/2014
If you have questions about the form(s) or the due date(s) shown, you can call us at
the phone number or write to us at the address shown at the top of this notice. If you
need help in determining your annual accounting period (tax year), see Publication 538,
Accounting Periods and Methods.
We assigned you a tax classification based on information obtained from you or your
representative. It is not a legal determination of your tax classification, and is not
binding on the IRS. If you want a legal determination of your tax classification, you may
request a private letter ruling from the IRS under the guidelines in Revenue Procedure
2004-1, 2004-1 I.R.B. 1 (or superseding Revenue Procedure for the year at issue). Note:
Certain tax classification elections can be requested by filing Form 8832, Entity
Classification Election. See Form 8832 and its instructions for additional information.
A limited liability company (LLC) may file Form 8832, Entity Classification
Election, and elect to be classified as an association taxable as a corporation. If
the LLC is eligible to be treated as a corporation that meets certain tests and it
will be electing S corporation status, it must timely file Form 2553, Election by a
Small Business Corporation. The LLC will be treated as a corporation as of the
effective date of the S corporation election and does not need to file Form 8832.
To obtain tax forms and publications, including those referenced in this notice,
visit our Web site at www.irs.gov. If you do not have access to the Internet, call
1-800-829-3676 (TTY/TDD 1-800-829-4059) or visit your local IRS office.
(IRS USE ONLY) 575B 10-31-2012 CROW B 9999999999 SS -4
IMPORTANT REMINDERS:
* Keep a copy of this notice in your permanent records. This notice is issued only
one time and the IRS will not be able to generate a duplicate copy for you.
* Use this EIN and your name exactly as they appear at the top of this notice on all
your federal tax forms.
* Refer to this EIN on your tax -related correspondence and documents.
If you have questions about your EIN, you can call us at the phone number or write to
us at the address shown at the top of this notice. If you write, please tear off the stub
at the bottom of this notice and send it along with your letter. If you do not need to
write us, do not complete and return the stub. Thank you for your cooperation.
Keep this part for your records. CP 575 B (Rev. 7-2007)
Return this part with any correspondence
so we may identify your account. Please
correct any errors in your name or address.
CP 575 B
9999999999
Your Telephone Number Best Time to Call DATE OF THIS NOTICE: 10-31-2012
( ) - EMPLOYER IDENTIFICATION NUMBER: 46-1299475
FORM: SS -4 NOBOD
INTERNAL REVENUE SERVICE
CINCINNATI OH 45999-0023
IJuIJJ L....li6.'Udall
CROW VALLEY LIQUORS LLC
CHRIS ANN SCHULTZ MBR
PO BOX 101
BRIGGSfPTE, CO 80611
To Whom It May Concern:
It is my pleasure to write a letter of recommendation for Chris Schultz. She has been a very good friend
of me and my late wife Alma, for approximately thirty years. We have known her as a very active person
in various community activities, and political positions. She has been a loyal employee of Hensel Phelps
Construction Co for over twenty years and retired this year. Chris has a very broad base of experience
and involvement which gives her knowledge beyond many people.
Chris and her husband Steven own and live on a ranch in the Briggsdale area where they raise livestock
and farm. They have a wonderful family. Their integrity, honesty, and hard work set a very good
example for others. It is an honor for me to recommend Chris Schultz to you for your business dealings
and I know you will be pleased with her performance.
Sincerely,
Royce B Clark
Retired Chairman, First National Bank of Greeley.
366.- cti3�
March 21, 2013
To Whom It May Concern:
I have known Steve Schultz for at least 10 years, and consider him a very good friend.
We have shared hunting trips together and have enjoyed watching our kids experience
their earliest hunting adventures. Steve has taken a great pride in his children's
accomplishments and has provided great guidance along the way. Steve has strong
beliefs, and in these times of questionable judgment calls, you can rest assured that he
knows the difference between right and wrong.
I would certainly recommend Steve for any business adventure he plans to tackle, and
know he will succeed.
Sincerely,
Randy Carl 4
(oS/c-
3557
To Whom It May Concern:
Please consider this letter of reference for Steven Schultz for his package liquor license application. I
have known Steve for 30 years and in that time have observed him to be a responsible, moral and
trustworthy person. He is a successful businessman and will apply his skills and honesty in this new
endeavor along with his wife, Chris.
Sincerely,
Chuck Jackson
5- 1355
Katie Ford
41688 County Road 74
Briggsdale, CO 8011
March 11, 2013
To whom it may concern:
It is with great pleasure that I recommend Steven Schultz to obtain his liquor license. I
have known him for seven years as our neighbor.
Steven Schultz has always displayed a high degree of integrity, responsibility, and
ambition. He is definitely a leader rather than a follower. In addition to his excellent
accomplishments, he has proven his leadership ability by miming his family cow calf
operation for the past twenty years. He is also a most dependable neighbor and friend.
His good judgment and mature outlook ensure a logical and practical approach to his
endeavors.
Steven Schultz would be an asset to any business, organization and community. I am
happy to give him my wholehearted endorsement.
Sincerely,
-tea,
Katie Ford
March 14, 2013
To Whom It May Concern:
Please accept this Letter of Recommendation for Chris Schultz. I have worked with and been a friend of
Chris Schultz for more than 40 years. In that time I have known her to be honest, trustworthy and
ethical. She will put aside her wants and needs to serve another. Given a choice, she will always do the
right thing than go the easy way. I would trust her with my money or my family.
Please feel free to contact me with any questions.
Thank you,
Gloria J. Kane
970.556.4997
gloriajkane@gmail.com
Hensel Phelps
Construction Co.
420 Sixth Avenue
Greeley, CO 80631
P. O. Box O
Greeley, Colorado 80632-0710
(970) 352-6565
(970) 352-9311 FAX
March 18, 2013
Re: Recommendation for Chris Schultz
To Whom It May Concern:
I was the Vice President and General Counsel for Hensel Phelps Construction Co. for
approximately 20 years and currently serve as a Vice President of the Company in charge
of the development division of Hensel Phelps. Chris Schultz worked in the legal
department of Hensel Phelps for approximately 22 years, 20 of which I was the General
Counsel. Throughout this period, Ms. Schultz was an extremely conscientious and
productive employee who performed her duties with a high degree of competence and
integrity. I understand that Ms. Schultz has applied for a license to operate a liquor store
and I consider her to be fully qualified and a person of high integrity who will uphold and
fulfill the responsibilities entailed in such a license.
If you require any additional information, please feel free to contact me at (970) 346-7200.
Sincerely,
HENSEL PHELPS CONSTRUCTION CO.
Eric L. Wilson
Vice President
ELW/kh
Performance!
20130328-03091.txt
DATE 03/15/2013
SO WELD COUNTY RECORDS GREELEY
1950 110!! STREET
GREELEY, CO 80631
RE: SCHULTZ,STEVEN RALPH DATE OF BIRTH:
SOC: xxx-xx-
No Colorado record of arrest has been located based on above
name and date of birth or through a search of our fingerprint
files.
The Colorado Bureau of Investigation's database contains
detailed information of arrest records based upon fingerprints
provided by Colorado law enforcement agencies. Arrests which are
not supported by fingerprints will not be included in this
database. On occasion the Colorado criminal history will
contain disposition information provided by the Colorado
Judicial system. Additionally, warrant information, sealed
records, and juvenile records are not available to the public.
Since a record may be established after the time a report was
requested, the data is only valid as of the date issued.
Therefore, if there is a subsequent need for the record, it is
recommended another check be made.
Falsifying or altering this document with the intent to
misrepresent the contents of the record is prohibited by law
and may be punishable as a felony when done with intent to
injure or defraud any person.
Sincerely,
Ronald C. Sloan, Director
Colorado Bureau of Investigation
Page 1
20130326-10101.txt
DATE 03/12/2013
SO WELD COUNTY RECORDS GREELEY
1950 "0" STREET
GREELEY, CO 80631
RE: SCHULTZ,CHRIS ANN DATE OF BIRTH:
SOC: xxx-xx-
No Colorado record of arrest has been located based on above
name and date of birth or through a search of our fingerprint
files.
The Colorado Bureau of Investigation's database contains
detailed information of arrest records based upon fingerprints
provided by Colorado law enforcement agencies. Arrests which are
not supported by fingerprints will not be included in this
database. on occasion the Colorado criminal history will
contain disposition information provided by the Colorado
Judicial system. Additionally, warrant information, sealed
records, and juvenile records are not available to the public.
since a record may be established after the time a report was
requested, the data is only valid as of the date issued.
Therefore, if there is a subsequent need for the record, it is
recommended another check be made.
Falsifying or altering this document with the intent to
misrepresent the contents of the record is prohibited by law
and may be punishable as a felony when done with intent to
injure or defraud any person.
Sincerely,
Ronald C. Sloan, Director
Colorado Bureau of Investigation
Page 1
20130326-10101.txt
DATE 03/12/2013
SO WELD COUNTY RECORDS GREELEY
1950 "0" STREET
GREELEY, CO 80631
RE: SCHULTZ,CHRIS ANN DATE OF BIRTH:
SOC: xxX-XX-
No Colorado record of arrest has been located based on above
name and date of birth or through a search of our fingerprint
files.
The Colorado Bureau of Investigation's database contains
detailed information of arrest records based upon fingerprints
provided by Colorado law enforcement agencies. Arrests which are
not supported by fingerprints will not be included in this
database. On occasion the Colorado criminal history will
contain disposition information provided by the Colorado
Judicial system. Additionally, warrant information, sealed
records, and juvenile records are not available to the public.
Since a record may be established after the time a report was
requested, the data is only valid as of the date issued.
Therefore, if there is a subsequent need for the record, it is
recommended another check be made.
Falsifying or altering this document with the intent to
misrepresent the contents of the record is prohibited by law
and may be punishable as a felony when done with intent to
injure or defraud any person.
Sincerely,
Ronald C. Sloan, Director
Colorado Bureau of Investigation
Page 1
Tammy Waters
From: Roy Rudisill
Sent: Thursday, March 28, 2013 4:02 PM
To: Tammy Waters
Subject: RE: New Retail Liquor - Crow Valley Liquor LLC
Attachments: image004.jpg; image001.jpg
Follow Up Flag: Follow up
Flag Status: Flagged
No concerns from OEM
Director Roy Rudisill
Weld County Office of Emergency Management
1150 O St. Greeley Co. 80632
970-304-6540 Office
970-381-0417 Cell
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.
From: Tammy Waters
Sent: Thursday, March 28, 2013 4:00 PM
To: Bethany Salzman; Dan Joseph; Janet Carter; Frank Piacentino; Roy Rudisill
Cc: Brad Yatabe; Sara Evans; Deb Adamson
Subject: New Retail Liquor - Crow Valley Liquor LLC
The following applicant has submitted a request for new Retail License.
A .pdf copy of the application materials is attached.
ESTABLISHMENT:
Crow Valley Liquor, LLC
Crow Valley Liquor
37937 Hwy 14
Briggsdale, CO 80611
Current license expires: New License
Tammy Waters
From:
Sent:
To:
Subject:
Janet Carter
Friday, March 29, 2013 11:09 AM
Tammy Waters
RE: New Retail Liquor - Crow Valley Liquor LLC
This is an existing facility accessing off of SH 14. Public Works doesn't have any comments at this time.
Janet L Carter
Traffic Engineer
Weld County Public Works Dept.
P.O. Box 758, Greeley, CO 80632
Tele-970.356.4000 ext 3726
Fax- 970.304.6497
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From: Tammy Waters
Sent: Thursday, March 28, 2013 4:00 PM
To: Bethany Salzman; Dan Joseph; Janet Carter; Frank Piacentino; Roy Rudisill
Cc: Brad Yatabe; Sara Evans; Deb Adamson
Subject: New Retail Liquor - Crow Valley Liquor LLC
The following applicant has submitted a request for new Retail License.
A .pdf copy of the application materials is attached.
ESTABLISHMENT:
Crow Valley Liquor, LLC
Crow Valley Liquor
37937 Hwy 14
Briggsdale, CO 80611
Current license expires: New License
Tammy Waters
Deputy Clerk to the Board
1150 O Street(P.O. Box 758'Greeley, CO 80632
tel: (970) 336-7215 X5226
Department of Planning Services
1555 N 17th Ave
Greeley, CO 80631
(970) 353-6100
Weld County Building Inspection Referral
Date: April 2, 2013
Applicant: Crow Valley Liquor
Address: 37937 Hwy 14 Briggsdale, CO 80611
Project: Building referral for a Site Specific Development Plan and Use by Special Review
Permit for the Expansion or extension of a Nonconforming Use (conversion of a restaurant into
a package liquor store and for a new liquor license) in the A (Agricultural) Zone District.
After reviewing the application and documents submitted, the Building Inspection Department
has the following comments:
1. A Change of use building permit is required for the non conforming use of an A-2 Occupancy
(Restaurant) to an M occupancy (package liquor store)
Frank Piacentino
Weld County Department of Building Inspection
star.
COLORADO
MEMORANDUM
To: Tammy Waters, Deputy Clerk to the Board April 2, 2013
From: Bethany Salzman, Zoning Compliance Officer, Dept. of Planning Services
Subject: LC0004
Review of the following liquor license renewal by the Department of Planning Services shows the following:
46--1299475-0000
Crow Valley Liquors, LLC
dba Crow Valley Liquors, LLC
37937 Hwy 14
Briggsdale, CO 80611
Zone District: Agricultural
Please be advised that USR12-0076 was presented and approved by the Board of County Commissioners on
February 27, 2013; however, Conditions of Approval have not been completed, nor has the final plat been
recorded. Staff recommends that USR12-0076 shall be completed prior to issuance of this liquor license
request.
SERVICE, TEAMWORK, INTEGRITY, QUALITY
To: Weld County Board of Commissioners
From: Deputy Lisa Carpenter
Date: April 1, 2013
RE: Crow Valley Liquors, LLC
Dear Commissioners,
I have researched and found no reported calls for service to Crow Valley Liquors, LLC,
located at 37937 Hwy 14, Briggsdale, CO 80611 for the Calendar year of 2012 to present day.
I find no grounds for disapproval for the renewal of the liquor license.
Respectfully Submitted,
Deputy Lis Carpenter
Community Resource Officer
Weld County Sheriffs Office
1950 "O" Street
Greeley, CO 80631
LIQUOR/BEER RENEWAL REVIEW FORM
Date: March 28, 2013
TO: Lisa Carpenter
FROM: CTB - Tammy Waters
SUBJECT: Liquor License Check
In accordance with the new procedure for Liquor and/or beer license checks, please review all
records on the following establishment for any associated reports during the last year and return
your report to the Weld County Clerk to the Board's Office within two weeks. Your report will
be used by the Board of County Commissioners in considering renewal of the liquor and/or beer
license.
PLEASE RESPOND NO LATER THAN: April 12, 2013
ESTABLISHMENT: Crow Valley Liquor, LLC
Crow Valley Liquor
37937 Hwy 14
Briggsdale, CO 80611
Current license expires: New License
No concerns
Deputy's Initials
The Sheriffs Office had a concern and the deputy has mutually
worked with the licensee to correct the concern.
(Complete Attached Worksheet)
Unresolved concerns exist requiring a Probable Cause Hearing
scheduled by the Board of County Commissioners.
(Complete Attached Worksheet)
........................................................................................................
Please notify at Extension
Board of Commissioner's renewal hearing.
of the date and time of the
Liquor/Beer License Worksheet
The following concerns are noted:
N
A
The Licensee and the Sheriffs Office have collectively agreed to implement the following to
correct concerns noted above: (A time line and corrective action should be listed for each
concern)
C'�ht5 -(-Dc . 1uc.I" C
Establishment Owner, Please Print
C
Establishment Signature
z/ V/_�
Date
e ty's Signature
D/SJ/
Use another sheet of paper or attach separate proposal to this packet if needed.
Attach copies of all reports associated with this establishment for the last year.
Both the Deputy and the Owner of the establishment will be required to attend the Liquor Hearing
to testify to the above agreement.
WELD COUNTY SHERIFF'S OFFICE
Community Resource Office
LIQUOR ENFORCEMENT WORKSHEET
1950 O'Stieet .
Greeley, Colorado 80631
Voice (970) 356-4015 • Fax (970) 304-6467
F Inspection Report
C3 Incident Report
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Lic2rlSee Name: /1 fC'Ll� l�'CL- C �.j i .1el c, O
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Address:
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State Liquor License Posted
✓' Manager Registered
State Sales Tax License Posted
License in Control of Premises
County Liquor License Posted
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Trade Name Properly Registered
Federal Form 11 `Call 800) 398-2822
Food Service License Posted
-
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Premises Physical Control Adequate
✓
✓
Acceptable Dispensing System
Minor Warning Sign Posted
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Off Premise Storage Licensed
Meals and Snacks Available
Only Permitted Items Sold
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Cleanliness Adequate
Alcohol From Permitted Source
Books & Invoices Available
✓
Discuss Sales of Liquor to Minors
-^
Alcohol Beverage Stock Acceptable
-
Discuss Sales to Intoxicated Persons
EiWarning ❑Follow -Up Inspection
Licenee / Representative Signature
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Stale:
Address:
City:
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Evidence: Yes
No
HAY Phone #:
Summons #:
Court Date:
Photos. Yes
NO
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PURSUANT TO THE LIQUOR LAWS
OF COLORADO
Crow Valle Lt&oi, 1,11,
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HEARING ON APPLICATION TO BE HELD Al:
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TIME AND DATE: ifl
DATE OF APPLICATION:
BY ORDER OF: JJth't ConjRiuvd of COnis5;m1ers
OFFICERS: Cxov3 JaRel Lwuov,LLL
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ADDRESS Of Ut PLACE AT *PCs PETrTIONS OR REMONSTRANCES MAY RE CRUD
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Department of Planning Services
1555 N 17th Ave
Greeley, CO 80631
(970) 353-6100
Weld County Building Inspection Referral
Date: April 9, 2013
Applicant: Crow Valley Liquor
Address: 37937 Hwy 14 Briggsdale, CO 80611
Project: Building referral for a Site Specific Development Plan and Use by Special Review
Permit for the Expansion or extension of a Nonconforming Use (conversion of a restaurant into
a package liquor store and for a new liquor license) in the A (Agricultural) Zone District.
After reviewing the application and documents submitted, the Building Inspection Department
has the following comments:
1. A Change of use building permit is required for the non conforming use of an A-2 Occupancy
(Restaurant) to an M occupancy (package liquor store)
Frank Piacentino
Weld County Department of Building Inspection
Weld County and State of Colorado Retail Liquor Licenses
for Crow Valley Liquors, LLC, dba Crow Valley Liquors were
picked up at the Weld County Clerk to the Board office by
Chris Shultz, owner, Crow Valley Liquor, LLC June 3, 2013.
AQut
Representative: Crow Valley Liquors, LLC
Witnessed by
Tammy Waters, Deputy Clerk to the Board
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