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Home My WebLink About20120996.tiffFINDINGS AND RESOLUTION RE: FINDINGS AND RESOLUTION CONCERNING APPLICATION OF EL CAPORAL NIGHT CLUB, INC., DBA EL CAPORAL NIGHT CLUB, FOR A TAVERN LIQUOR LICENSE, AND AUTHORIZATION FOR CHAIR TO SIGN The application of El Caporal Night Club, Inc., dba El Caporal Night Club, 1490 County Road 27, Brighton, Colorado 80603, for a Tavern Liquor License, came on for hearing on the 18th day of April, 2012, 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 El Caporal Night Club, Inc., dba El Caporal Night Club, 1490 County Road 27, Brighton, Colorado 80603, for a Tavern Liquor License, for the sale of malt, vinous, and spirituous liquors, for consumption by the drink on the premises only, 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 Tavern Liquor License for El Caporal Night Club, Inc., dba El Caporal Night Club. 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. --yzyrn Releuszol Fj-OPI - la 2012-0996 LC0028 TAVERN LIQUOR LICENSE - EL CAPORAL NIGHT CLUB 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 2012-08 to said applicant to sell malt, vinous, and spirituous liquors for consumption by the drink on the premises only, 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 23, 2013, providing that said place where the licensee is authorized to sell malt, vinous, and spirituous liquors for consumption by the drink on the premises only, 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of April, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Weld County Clerk to the Board BY: Deputy CI ey to the Boa APP 4er fa jr,-er. ey Sea Date of signature: L'- / � 4c.124 -vita 0. Douglas Radema.her 2012-0996 LC0028 CO a•) L4 Pti w o Clzt 0 "hi 1 V ▪ , cn a - G cl ▪ 4) V 04 cn o H o -d -ti 4-1 O Cl) ▪ OO a� U � -S O I 0 O 'Ti 22 , O cn Cl). E 7-1 tie � x.O0: CI v-�,,V : �ei cri n �, • c -O O;) <° ,c VD o V J 2 .� Cl)C 1 � -d cn ct Q o V 0 0 - . o < Co tri 0 j co N C a .C 4 O cn U N 4-1 42 o o b O Cid 6.0 g tTh cts �., t o V o a nzi cu v) 0 G1 :.N -o C" t w O U w O 0 O C1-4‘.1 CU 4-4 U a cizs U 0 O 0 ro cn cn u cn �J'-GJ'FJ'�CJGJ�GJ'-CJ'FJJ GJ'-CJ'-JG7�CJ�JJ�'-JJ GJ�FJ�� THIS LICENSE EXPIRES MAY 23, 2013 TO BE POSTED IN A CONSPICUOUS PLACE. THIS LICENSE MUST RF PQSTED IN PUBLIC VIE V/ DR 8402 (11/2111) STATE OF COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division 1881 Pierce Street, Suite 108 Lakewood, Colorado 80214 EL CAPORAL NIGHT CLUB INC EL CAPORAL NIGHT CLUB 1490 W CR 27 BRIGHTON CO 80603-9332 ALCOHOL BEVERAGE LICENSE Liability Information Account Number County City Indust. Type Liability Date LICENSE EXPIRES AT MIDNIGHT 43-02044-0000 03 151 813410 C 052412 MAY 23, 2013 Type Name and Descnption of License Fee 2011 2190 TAVERN LIQUOR LICENSE - MALT, VINOUS, AND SPIRITUOUS COUNTY 85 PERCENT OAP FEE $ 75.00 $ 425.00 TOTAL FEE(S) $ 500. 00 This license is issued of Title 12, Articles 46 conspicuously posted shown above. Questions Liquor Enforcement In testimony whereof, COL/314444,1atuk subject to the laws oftheSt or 47, CRS 1973, as in the place above described. concerning this license Division, 1375 Sherman I have hereunto set MAY tt fCo}orado amended. This license should Street, Denver, my hand, CA. 2 9 1012 and especially under the provision This license is nontransferable and shall be is only valid through the expiration date be addressed to the Department of Revenue, CO 80261. akaa-44,79-44494_,L Division Director Executive Director WELD -COUNTY April 12, 2012 EL CAPORAL NIGHT CLUB, INC. dba EL CAPORAL NIGHT CLUB 1490 COUNTY ROAD 27 BRIGHTON, CO 80603 BOARD OF COUNTY COMMISSIONERS PHONE: (970) 336-7204, EXT.4200 FAX: (970) 352-0242 1150 O STREET P.O. BOX 758 GREELEY, COLORADO 80632 RE: Report of Investigation for Colorado Liquor License Application — El Caporal Night Club Dear Ruben Saenz: On April 10, 2012, I traveled to the proposed licensed premises known as El Caporal Night Club, located at 1490 County Road 27, Brighton, Colorado 80603. While there I made an on -site inspection regarding the Liquor License Application filed. The application is for a Tavern Liquor License. It will be heard by the Board of County Commissioners as the liquor licensing authority for Weld County on April 18, 2012, 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 Tavern liquor licensed premises in the neighborhood. There are no other liquor licensed or 3.2% beer licensed premises within the neighborhood. 4. 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 10, 2012. 2012-0996 LC0028 REPORT OF INVESTIGATION — EL CAPORAL NIGHT CLUB 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. 6. The proposed premises will be serving catered food and snacks with the last two hours of business selling packaged snacks, as required by Section 12-47-103(22)(a), C.R.S. ****ONLY FOR TAVERNS**** Very truly yours, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Sean P. Conway, Commissio cc: Bruce Barker, County Attorney LC0028 NOTICE DOCKET #2012-28 Pursuant to the liquor laws of the State of Colorado, El Caporal Night Club, Inc., dba El Caporal Night Club, 1490 County Road 27, Brighton, Colorado 80603 has requested the licensing officials of Weld County, Colorado, to grant a Tavern license for the consumption by the drink on the premises only. DATE OF APPLICATION: February 13, 2012 The Board of County Commissioners of Weld County, Colorado, has declared that the neighborhood to be served will be as follows: LEGAL DESCRIPTION: Sections 19, 20, 21, 28, 29, 30, 31, 32, and 33, all within Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado The public hearing on said license 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, on April 18, 2012, at 9:00 a.m. 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 you require special accommodations in order 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. Petitions and remonstrances may be filed in the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. 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. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: March 30, 2012 PUBLISHED: April 4, 2012, in the Fort Lupton Press PROOF OF PUBLICATION FORT LUPTON PRESS STATE OF COLORADO COUNTY OF WELD SS. I, Allen Messick, do solemnly swear that I am the Publisher of the Fort Lupton Press that the same is a weekly newspaper printed and published in the County of Weld, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said county of Weld for a period of more than fifty-two consecutive weeks prior to the first publication of the annexed legal notice or advertisement; 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 weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said weekly newspaper for the period of ONE consecutive insertion(s); and that the first publication of said notice was in the issue of newspaper, dated 4th day of APRIL 2012, and the Igst on the 4th day of APRIL 2012 Subscribe worn before m this 4th day of APRI 2012 Notary public. My Commission Expires : 02/02/2014 NOTICE DOCKET 02012.28 Pursuant to the liquor laws sa of the StaCluub, Inc.of ,ddba El Capj orl al Night Club, 1490 County Road 27, Brighton, cdorado 80603 has requested the licensing officials of Weld County, Colorado, to grant a Tavern license for the consumption by the drink on the premises only. DATE OF APPLICATION: February 13,2012 The Board of county Commissioners of Weld County, Colorado, has declared that the neighborhood to be served will be as follows: LEGAL DESCRIPTION: Sections 19, 20, 21, 28, 29, 30, 31, 32, and 33, all within Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado The public hearing on said license will be held m the Chambers of the Board of County Commissioners of Weld County Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631, on April 18, 2012, at 9:00 a.m. 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 Amencans with Disabilities Act, if you require special accommodations in order 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. Petitions and remonstrances may be filed in the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. E -Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E -Mall correspondence into the case file, please send a copy to egesick@ co.weld.co.us. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: March 30, 2012 PUBLISHED: April 4, 2012, in the Fort Lupton Press DR 8404 (05/07/09) Page 1 COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION DENVER CO 80261 COLORADO LIQUOR RETAIL LICENSE APPLICATION 21 g NEW LICENSE ❑ TRANSFER OF OWNERSHIP ❑ LICENSE RENEWAL • ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN • APPLICANT MUST CHECK THE APPROPRIATE BOX(ES) • LOCAL LICENSE FEE $ • APPLICANT SHOULD OBTAIN A COPY OF THE COLORADO LIQUOR AND BEER CODE(CaI 303370-2165) 1. Applicant is applying as a .2 Corporation ❑ 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, name of corporation EL (,i4 lo titst !Kitt-i-Cl+4/. 1rlvr 2a.Trade Name of Establishment (DBA) �L Q_ APO MI N I ht cLuh 3. Address of Premises (specify exact location of premSes) /L{9n it/ 0-7 City `n b 2ih-ra N 4. Mailing Address (Number and Street) I Yco U/C.#— 2-7 DEPARTMENT USE ONLY ❑ Individual ❑ Limited Liability Company ❑ Association or Other County City or Town c3dLic 5. It the premises currently have a liquor or beer license, you MUST 5nswer the following questions: State Sales Tax No. ClLi Lei %_t Present Trade Name of Establishment (DBA) Present State License No. State Cep State Co Present Class of License Fein Number u5— Li5VMr7 ,Busine. Telephone 603) ci;T-41-g4 ZIP Code x0&03 ZIP Code brae0_3 Present Expiration Date LIAR SECTION A NONREFUNDABLE APPLICATION FEES 2300 NI Application Fee for New License $1,025.00 2302 ❑ Application Fee for New License - w/Concurrent Review $1,125 00 2310 ❑ Application Fee for Transfer $1,025.00 LIAR SECTION B (CONT.) 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 1990 ❑ Club License (City) $308.75 1991 0 Club License (County) $308.75 2010 ❑ Tavern License (City) $500.00 2011M Tavern License (County) $500.00 2012 Manager Registration - Tavern $ 75.00 2020 ❑ Arts License (City) $308.75 2021 ❑ Arts License (County) $308.75 2030 ❑ Racetrack License (City) $500.00 2031 ❑ 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 8 R $100.00 X Total 2370 ❑ Master File Location Fee $ 25.00 X Total 2375 ❑ Master File Background $250.00 X Total LIQUOR LICENSE FEES LIAR SECTION B LIQUOR LICENSE FEES 1905 ❑ Retail Gaming Tavern License (City) $500.00 1906 ❑ Retail Gaming Tavern License (County) $500.00 1940 0 Retail Liquor Store License (City) $227.50 1941 ❑ Retail Liquor Store License (County) $312.50 1950 ❑ Liquor Licensed Drugstore (City) $227.50 1951 ❑ Liquor Licensed Drugstore (County) $312.50 1960 ❑ Beer and Wine License (City) $351.25 1961 ❑ Beer and Wine License (County) $436.25 1970 ❑ Hotel and Restaurant License (City) $500.00 1971 ❑ Hotel and Restaurant License (County) $500.00 1975 ❑ Brew Pub License (City) $750.00 1976 ❑ 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 DO NOT WRITE IN THIS SPACE - FOR DEPARTMENT OF REVENUE USE ONLY LIABILITY INFORMATION County City Industry Type License Account Number Liability Date License Issued Through (Expiration Date) FROM TO State -750(999) City 2180.100 (999) County 2190-100 (999) Managers Reg _750(999) Cash Fund Is. Lane 2300-100 (999) Cal, Fund Tama liana 2310-100 (999) TOTAL • A DR 8404 (05/07/09) Page 3 6. Is the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stock- Yes No holders or directors it a corporation) or manager under the age of twenty-one years? F.: IX 7. Has the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stockholders or directors if a corporation) or manager ever (in Colorado or any other state); (a) been denied an alcohol beverage license? (b) had an alcohol beverage license suspended or revoked? (c) had interest in another entity that had an alcohol beverage license suspended or revoked? If you answered yes to 7a, b or c, explain in detail on a separate sheet. • ;3 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? It "yes," explain in detail. the • f� 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? ❑ RI 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 if a corporation)? If yes, identify the name of the business and list current or former financial interest in said business including any loans to or from a licensee. it a any • a 11. a. Attach entrances. to Does the Applicant, as listed on line 2 of this application, arrangement? • Ownership El Lease ■ Other (Explain in if leased, list name of landlord and tenant, and date of have legal possession of the premises by virtue of ownership, lease or other Detail) ® ❑ _ expiration, EXACTLY as they appear on the lease: .. -!Expires C• L4 Pi • Landlord R y 5 , 1'R es Tenant ) 6q Pc±L- N , qh rC a diagram and outline or designate the area to be licensed (including dimensions) which shows the bars, brewery, walls, 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 or give money, inventory, furniture or equipment to or for use in this business; or who will receive money from this business. Attach a separate sheet if necessary. NAME DATE OF BIRTH FEIN OR SSN INTEREST _l ANTON /.O Chi✓e2_ SAei v2 _ -. --- Attach copies of all notes and security instruments, and any written agreement, or details of any oral agreement, by which any person (including partnerships, corporations, limited liability companies, etc.) will share in the profit or gross proceeds of this establishment, and any agreement relating to the business which is contingent or conditional in any way by volume, profit, sales, giving of advice or consultation. 13. Optional Premises or Hotel and Restaurant Licenses Has a local ordinance or resolution authorizing optional Number of separate Optional Premises areas requested. with Optional Premises premises been adopted? (See License Fee Chart) Yes No ■ R 14. Liquor Licensed Drug Store applicants, answer the following: (a) Does the applicant for a Liquor Licensed Drug Store have a license issued by the Colorado Board of Yes Pharmacy? COPY MUST BE ATTACHED. No ■ �C 15. Club Liquor License applicants answer the following (a) Is the applicant organization operated solely not for pecuniary gain? (b) Is the applicant organization a regularly operated solely for the object of a patriotic (c) How long has the dub been incorporated? (Three years required) and attach: for a national, social, 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? (d) Has applicant occupied an establishment for three years that was operated solely for the reasons stated above? No ❑ E. ❑ E ■ 0 16. Brew -Pub License or Vintner Restaurant Applicants answer the following: Yes No (a) Has the applicant received or applied for a Federal Permit? ❑ 3 - (Copy of permit or application must be attached) 17a. Name of Manager (tor 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 L Ali-torineJJG'Wf L JOcY) Z- (f this is an 8404-I). Date of Birth 9- 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 ❑ E 18. Tax Distraint Information. Does the applicant or any other person listed on this application and including its partners, officers, directors, stockholders, members (LLC) or managing members (LLC) and any other persons with a 10% or greater financial interest Yes No in the applicant currently have an outstanding tax distraint issued to them by the Colorado Department of Revenue? ❑ Il 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 Ilst ALL OFFICERS, DIRECTORS, GENERAL PARTNERS, AND MANAGING MEMBERS. In addition applicant must list any stockholders, partners or members with OWNER- SHIP OF 10% OR MORE IN THE APPLICANT. ALL PERSONS LISTED BELOW must also attach form DR 8404 I (Individual History record), and submit finger print cards to their local licensing authority. NAME HOME ADDRESS, CITY & STATE DOB POSITION % OWNED' RL u�.n CH-Ate-2Sgtw2- hoc t2 0,330 PoP(At 5T.Corn mtic e.c)ICJ 7- O' "`r 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 Ad-di/tional L)}' • ❑ ❑ Documents CORPORATION PARTNERSHIP LIMITED LIABILITY COMPANY ASSOCIATION OR OTHER to ill ❑ be submitted Cert. of lncorp. Partnership Attach Agreement • copy by type of entity ❑ Cert. of Good Standing (if more than 2 yrs. old) ❑ Cert of Auth. (General or Limited) ❑ Husband and Wife partnership (no Articles of Organization ❑ Cert. of Authority (if foreign company) of agreements creating association or relationship between the parties written li (if a foreign corp.) agreement) Operating Agrmt. Regi ed Agent at applicable) ,u%. Q-7- eika(.rls _alCLQrS Address for Service i < 33O Plitt ar -) eminimer('2 % to 3-a0fl 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. A ed Signature b idark het- sia of Title o nex Date a--t--la REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (CITY/COUNTY) Date application tegq.ydthiospID:1112 iT CC�D lty j3 LLllll �I LL Date of local authority hearing (for new license applicants; cannot be less than 30 days from date of application 1247311 (1)) C.R.S. .4/— /?-,2c/& THE LOCAL LICENSING AUTHORITY HEREBY AFFIRMS: That each person required to file DR 84041 (Individual History Record) has: Yes No Been fingerprinted b • Been subject to background investigation, including NCICICCIC check for outstanding warrants El ❑ 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 ■ ■ (Check One) / ',] Date of Inspection or Anticipated Date '7 — /0 •—,,,,2e/,9.,... ❑ 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 reportthat 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 Weld County, Colorado Telephone Number 970-356-4000 x • q TOWN, CITY COUNTY SignaN� �. Title / T Chair, Board of County Corn I ApR 18 2012 Signature ( ttest) Ate,„ �' Title Clerk to the Board v 1 ( H l APR 18 2012 ' /�_ e9/9€ Commercial Lease CO If k C-, This Commercial Lease ("Lease") is executed and delivered this Vlirday of February, 2012, by and between MARY SIPRES, Owner of SIPRES LOUNGE, INC., a Colorado corporation, of 1490 WCR 27, Brighton, Colorado 80603, herein called Lessor, and RUBEN -'CHAVEZ SAENZ, Owner of EL CAPORAL NIGHT CLUB, INC., a Colorado corporation, of 6330 Poplar Street, Commerce City, CO 80022, herein called Lessee. Lessee hereby leases and accepts from Lessor certain premises located in the City of Brighton, County of Weld, State of Colorado, described as the downstairs / main -floor part of the building located at 1490 WCR 27, Brighton, Colorado 80603, hereinafter referred to as the "Premises" or "demised premises," as well as certain Assets including furniture, fixtures, equipment and leasehold improvements related to the operation of a restaurant/nightclub business in the Premises, all in their present condition, as -is, where -is, and with all faults, upon the following TERMS and CONDITIONS: 1. Term and Rent. Lessor leases the demised premises to Lessee for a fixed term of one (1) year commencing on the earlier date of either: (a) April 1, 2012; or (b) upon the Lessee successfully obtaining a liquor license for the Premises; and terminating on March 31, 2013, at the reserved rent of Fifty Six Thousand Dollars ($56,000.00), payable in equal monthly installments of Four Thousand Dollars ($4,000.00) per month for the first four (4) months, and Five Thousand Dollars ($5,000.00) per month for the remaining eight (8) months, payable in advance on the first day of each and every month for that month's rental, during the term of this Lease. All rental payments shall be made to Lessor at the address specified above. 2. Use. This Lease Agreement is only for a properly licensed and lawfully operated Restaurant and Night Club use. Living Quarters upstairs is not included with this Lease Agreement. Lessor makes no representation or warranty that the Premises are suitable or zoned for Lessee's intended uses. Lessee's uses shall confirm all zoning, licensing and permitting requirements, and Lessee shall only use and occupy the demised premises for Lessee's lawful business purposes. The demised premises shall be used for no other purpose without the prior written consent of Lessor. Lessee shall not use the demised premises for storing, manufacturing or selling any explosives, flammables, or any other illegal or dangerous substance, chemical, hazardous material, thing or device. Lessee shall not use or allow the Premises to be used for any immoral, unlawful, or objectionable purposes. No loudspeakers or other similar device, system, or apparatus which can be heard outside the Premises shall, without the prior written approval of Lessor, be used in or at the Premises. Lessee shall not commit, or suffer to be committed, any waste upon the Premises, or cause, suffer or permit any nuisance (public or private) or disturbance in the Premises. 3. Security Deposit. The amount of the Security Deposit is $5,000.00 payable as follows. On or before February 15, 2012, Lessee shall deposit with Lessor Two Thousand Five Hundred Dollars ($2,500.00), and another Two Thousand Five Hundred Dollars ($2,500.00) on or before March 1, 2012, as security for the full and faithful performance by Lessee of all terms hereof, to be returned to Lessee, without interest, on the full and faithful performance by Lessee of all provisions hereof and returning the Premises (and all Assets) in as good condition or better as existed at the inception of this Lease, normal wear and tear excepted. Page 1 of 7 4. Liquor License. This Lease Agreement is contingent upon Lessee obtaining a Liquor License from Weld County and the State of Colorado, for alcohol sales at the Premises. Lessee shall promptly apply for and use diligent efforts to obtain such license(s). Lessee shall comply with all terms, conditions and requirements of such license(s). At the end of the Term or upon any other termination of this Lease, the Lessee shall not terminate its Liquor License and if necessary shall extend such license(s), such that any subsequent lessee or buyer can obtain a transfer of such license(s). Lessee agrees to obtain and maintain in good standing all necessary licenses for the operation of its business, including: Liquor License, Sales Tax License, Cabaret / Dance License, Restaurant License, and any other license that is required by the laws of the City of Brighton, Weld County, and the State of Colorado to operate Lessee's business in the Premises. If Lessee receives a suspension or revocation of any license issued by the State, County or any other govemmental entity, and such suspension or revocation is not promptly and properly cured and the license reinstated, then Lessor may terminate this Lease Agreement and Lessee shall remain liable to pay all remaining amounts due under this Lease Agreement. 5. Sales Taxes. Lessee shall pay in full when due all sales or other taxes related to the operation of its business on the Premises, and shall provide Lessor copies of all sales tax reports to the requisite State and local governmental authorities, and evidence of payment of the same, on a quarterly basis, commencing June 2012, and continuing on September 2012, December 2012, and March 2013 while this Lease is in effect. 6. Care and Maintenance of Premises. Lessee acknowledges that it has inspected the demised premises and that the same are in good order and repair and acceptable to Lessee, and Lessee hereby accepts the Premises as is and with all faults. Lessee shall, at its own expense and at all times during the Term, maintain the demised premises in good and safe condition, including plate glass, electrical wiring, plumbing and heating installations and any other system or equipment upon the demised premises, and shall surrender the same, at termination hereof, in as good or better condition as received, normal wear and tear excepted. Lessee shall be responsible for all repairs and maintenance, excepting major maintenance and repair of the demised premises, not due to Lessee's misuse, waste or neglect or that of its employees or visitors, which major repairs and maintenance (any one repair exceeding $2,500.00) shall be the responsibility of Lessor. Particularly, the roof, exterior walls and structural foundations shall be maintained and repaired by Lessor. Lessee shall also maintain in good condition all areas adjacent and appurtenant to the demised premises, such as sidewalks, driveways, lawns and shrubbery. If snow is not removed within 24 hours after the last snow fall, Lessor will hire a contractor for that day and Lessee will pay the charges for having the snow removed. Lessee shall be responsible for any damage caused to the demised premises by Lessee's misuse or negligence and that of Lessee's employees, customers, agents, guests and visitors. 7. Alterations. Lessee shall not, without first obtaining the written consent of Lessor, make any alterations, additions, or improvements, in, to, or about the demised premises. 8. Ordinances and Statutes. Lessee shall comply with all statutes, ordinances and requirements of all municipal, state and federal authorities now in effect and as the same may hereafter be amended, pertaining to the demised premises, occasioned by or affecting the use thereof by Lessee. 9. Assignment and Subletting. Lessee shall not assign this lease or sublet any portion of the demised premises without prior written consent of Lessor, which consent may be Page 2 of 7 Hei 11� withheld in the Lessor's sole and absolute discretion. Any such assignment or subletting without the prior written consent of Lessor shall be void and, at the option of Lessor, may terminate this lease. Lessee agrees to execute an assignment of rents owned to Lessor, in favor of Lessor's lender, if required by Lessor's lender. 10. Utilities. Unless otherwise separately agreed in writing signed by the Parties, all applications and connections for necessary utility services on the demised premises shall be contracted -for in the name of Lessee only, and Lessee shall be solely liable for all utility charges as they become due, including those for sewer, water, gas, electricity, television and telephone services. In the event that any utility or service provided to the demised premises is not separately metered, Lessor shall pay the amount due and separately invoice Lessee for Lessee's pro rata share of the charges. Lessee shall pay such amounts within fifteen (15) days of invoice. Lessee acknowledges that the demised premises are designed to provide standard office use electrical facilities and standard office lighting. Lessee shall not use any equipment or devices that utilize excessive electrical energy, or that may, in Lessor's reasonable opinion, overload the wiring or interfere with electrical services to other lessees or occupants. Lessor will continue to live in the residence above the nightclub. If Lessor moves out of the above residence, Lessor may, but shall not be obligated to, offer such upstairs residence for lease to Lessee for an additional rent. 11. Entry and Inspection. Lessee shall permit Lessor or Lessor's agent(s) to enter the demised premises at reasonable times and upon reasonable notice, for the purpose of inspecting the same, and shall permit Lessor at any time within fifteen (15) days prior to the expiration of this lease, to place upon the demised premises any usual "To Let", "For Lease" or "For Sale" signs, and shall permit Lessor and prospective lessees or purchasers desiring to lease or purchase to inspect the demised premises. 12. Parking. During the term of this lease, Lessee shall have the nonexclusive use in common with Lessor, and other tenants or occupants and their guests and invitees, of the non - reserved common area established parking areas, driveways, and foot ways, subject to rules and regulations for the use thereof as prescribed from time to time by Lessor. Lessor reserves the right to designate specific parking areas for Lessee and Lessee's agents and employees. Upon Lessor's request, Lessee shall provide Lessor with a list of all license numbers for vehicles owned or used by Lessee, its agents and employees. 13. Possession. If Lessor is unable to deliver possession of the demised premises at the commencement hereof, Lessor shall not be liable for any damage caused thereby, nor shall this lease be void or voidable, but rent shall abate until possession is delivered. Lessee may terminate this lease if possession is not delivered within thirty (30) days of the commencement of the term hereof. 14. Indemnification of Lessor. Lessee acknowledges and agrees that Lessor shall not be liable for any claim, demand, loss, damage or injury to Lessee, or any other person, or to any property, occurring on the demised premises or any part thereof, occurring during or in connection with Lessee's term of occupancy. Lessee shall indemnify, defend and hold Lessor harmless from any and all claims or demands for damages which arise in connection with any such occurrence. Said indemnification shall include indemnity from any costs or reasonable attorneys fees which Lessor may incur in defending said claim or demand. 15. Insurance; Exhibit A. Lessee, at its expense, shall obtain and maintain at all times during the Term, adequate worker's compensation insurance as required by Colorado law, Page 3 of 7 pDA public commercial general liability and casualty insurance, including bodily injury and property damage, and "dram shop" liquor liability insurance, insuring Lessee and Lessor (as an additional insured), with minimum coverage amounts, and types of insurance coverage, as set forth on the attached Exhibit A, incorporated by reference. At or before the commencement date, Lessee shall provide Lessor with Certificates of Insurance showing Lessor as an additional insured, and demonstrating that all insurance required by Exhibit A is in place and the premiums therefore are paid. The Certificate shall provide for a thirty -day written notice to Lessor in the event of cancellation or material change of coverage. To the maximum extent permitted by insurance policies which may be owned by Lessor or Lessee, Lessee and Lessor, for the benefit of each other, waive any and all rights of subrogation which might otherwise exist. If the demised premises or any other part of the building is damaged by fire or other casualty resulting from any act of negligence of Lessee or any of Lessee's agents, employees or invitees, rent shall not be diminished or abated while such damages are under repair, and Lessee shall be responsible for the costs of repair not covered by insurance. Lessee shall also maintain such liquor liability or "dram shop" insurance as is required by Exhibit A. 16. Eminent Domain. If the demised premises, or any part thereof or any estate therein, or any other part of the building materially affecting Lessee's use of the demised premises shall be taken by eminent domain, this lease shall terminate on the date when title vests pursuant to such taking. The rent, and any additional rent, shall be apportioned as of the termination date, and any rent paid for any period beyond that date shall be repaid to Lessee. Lessee shall not be entitled to any part of the award for such taking or any payment in lieu thereof, but Lessee may at its expense pursue its own separate claim against the condemning authority for any taking of fixtures and improvements owned by Lessee, and for moving expenses. 17. Destruction of Premises. Lessee shall give Lessor immediate notice in case of fire or other damage or casualty to the demised premises, or any part thereof. In the event of partial destruction of the demised premises during the term hereof, from any cause, Lessor shall forthwith repair the same, provided that such repairs can be made within sixty (60) days under existing governmental laws and regulations, but such partial destruction shall not terminate this lease, except that Lessee shall be entitled to a proportionate reduction of rent while such repairs are being made, based upon the extent to which the making of such repairs shall interfere with the business of Lessee on the demised premises. If such repairs cannot be made within the said sixty (60) days, Lessor, at Lessor's option, may make the same within a reasonable time, this lease continuing in effect with the rent proportionately abated as aforesaid, and in the event that Lessor shall elect not to make such repairs which cannot be made within sixty (60) days, this lease may be terminated at the option of either party. In the event that the building in which the demised premises are situated is destroyed to an extent of not less than one-third of the replacement costs thereof, Lessor may elect to terminate this lease whether the demised premises be injured or not. A total destruction of the building in which the demised premises may be situated shall terminate this lease. 18. Lessor's Remedies on Default. If Lessee fails to make payment of any installment of Rent for more than three (3) days after the due date, Lessee agrees to pay an additional $200.00 per day late fee. If not paid within seven (7) days, Lessor will have the right to terminate the Lease Agreement, effective fourteen (14) days after the original payment due date. If any default is made in the payment of rent, or any part thereof, at the times hereinbefore specified, or if any default is made in the performance of or compliance with any of Page 4 of 7 the other terms or conditions hereof, this lease, at the option of Lessor and to the extent permitted by law, shall terminate and be forfeited, and Lessor may re-enter the demised premises and remove all persons therefrom to the extent permitted by law. Lessor may accelerate the rent and recover damages, reasonable attorneys fees and costs of enforcing this Lease and collecting unpaid rent, and may retain the security deposit in whole or in part. 19. Tax Increase. In the event there is any increase during any year of the term of this lease in the City, County or State real estate taxes over and above the amount of such taxes assessed for the tax year during which the term of this lease commences, whether because of increased rate or valuation, Lessee shall pay to Lessor upon presentation of paid tax bills an amount equal to Lessee's pro -rata share of the increase in taxes (based on square footage) upon the land and building in which the demised premises is situated. In the event that such taxes are assessed for a tax year extending beyond the term of the lease, the obligation of Lessee shall be proportionate to the portion of the lease term included in such year. 20. Common Area Expenses. In the event the demised premises is situated in a commercial building in which there are common areas, Lessee agrees to pay its pro rata share of maintenance, taxes and insurance for the common area, including parking areas, plus any pro rata share of insurance premium increase. 21. Attorney's Fees. In case Lessor shall retain the services of an attorney to enforce this Lease, whether for recovery of the demised premises or for any sum due hereunder, or because of any act which may arise out of Lessee's possession of the demised premises, the Lessor shall be entitled to recover from Lessee all costs incurred in connection with such action, including a reasonable attomey's fee. In the event that Lessee is the prevailing party in any such proceeding, then this attorney fee shifting provision shall be reciprocal. 22. Waiver. No failure of Lessor to enforce any term hereof shall be deemed to be a waiver. 23. Notices. All notices pursuant to this agreement shall be in writing. 24. Heirs, Assigns, Successors. This lease is binding upon and inures to the benefit of the heirs, assigns and successors in interest to the parties. 25. Renewal and Termination. Provided that Lessee is not in default in the performance of this lease, Lessee shall have the option to renew the lease for an additional one (1) year term commencing at the expiration of the initial term. All of the terms and conditions of the lease shall apply during any renewal term, except that the rent shall increase by 2.5%. The option shall be exercised by written notice given to Lessor at least sixty (60) days prior to the expiration of a term. If notice is not given in the manner provided herein within the time specified, this option shall expire. Upon termination for any reason, all assets and inventory including liquor shall remain on the Premises. 26. Subordination. This lease is and shall be subordinated to all existing and future liens and encumbrances against the property. 27. Radon Gas Disclosure. As required by law, Lessor makes the following disclosure: "Radon Gas" is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon gas that exceed federal and state guidelines have been found in buildings in Colorado. Additional information regarding radon gas and radon testing may be obtained from Page 5 of 7 your county public health unit. Lessor has no knowledge of radon gas levels in the premises and Lessee is advised to conduct regular inspections. 28. Entire Agreement. The foregoing constitutes the entire agreement between the parties and may be modified only by a writing signed by both parties. 29. Liability. Lessor shall not be liable for any loss, expense or damage to any person or property, unless it is due to Lessor's gross negligence. Lessee is responsible for all acts, omissions, conduct or negligence of Lessee, its employees, customers, agents, visitors or invitees. 30. Paragraph Headings. The paragraph headings are for convenience only. 31. Choice of Law. This lease shall be governed by the laws of the State of Colorado, and all disputes shall be subject to the jurisdiction of the Courts of Weld County, Colorado. IN WITNESS WHEREOF, the parties have executed this lease the day, month and year first above written. LESSOR: SIPRES LOUNGE, INC., a Colorado corporation I/U-a• By: Mary Sipres, resident LESSEE: EL CAPORAL NIGHT CLUB, INC., a Colorado corporation By: Ruben Chavez Saenz, resident NOTICE: Lessees are advised to seek assistance from an attorney before signing this Lease. Page 6 of 7 EXHIBIT A TYPES OF INSURANCE AND REQUIRED COVERAGE AMOUNTS [To be provided by Insurance Agent] Page 7 of 7 k7_, co DR 8404-I (01/06/05) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1881 PIERCE STREET RM 108A DENVER CO 80261 INDIVIDUAL HISTORY RECORD To be completed by each individual applicant, all general partners of a partnership, and limited partners owning 10% (or more) of a partnership; all officers and directors of a corporation, and stockholders of a corporation owning 10% (or more) of the stock of such corporation; all limited liability company MANAGING members, and officers or other limited liability company members with a 10% (or more) ownership interest in such company and all managers of a Hotel and Restaurant or a Tavern License. NOTICE: This individual history record provides basic information which is necessary for the licensing authority investigation. All questions must be answered in their entirety or your application may be delayed or not processed. EVERY answer you give will be checked for its truthfulness. A deliberate falsehood or omission will jeopardize the application as such falsehood within itself constitutes evidence regarding the character of the applicant. 1. Name of Business / EL CAPON,Qt Alt At CLUA 2. Yo r Full Name (last, first middle) LA be.N CA e- Z. S� eNz. 3. List any other names you have used. 4. Mai ing address (if different from residence) )41 90 14ic2a-7 ,821{ i,4o 8'd603 Home Telephone 303-Y7- "7 >' 5. List all residence addresses below. Include current and previous addresses for the past five years. STREET AND NUMBER CITY, STATE, ZIP FROM TO Current ES (0330 ? PLgt/q jY FiUZZ Co mmtAC-C, Ceti ) Ce, Previous 6. List all current and former employers or businesses engaged in within the last five years (Attach separate sheet if necessary) NAME OF EMPLOYER ADDRESS ((STREET, NUMBER, CITY, STATE, ZIP) POSITION HELD FROM TO i. -e -1-4-)1119k) e 3.9 Po PCAre 57; Co mme,� 141-{z4,14.0-147( `fi- / `/tO i0/I ,3 y )nom B1b 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 8. Have you ever applied for, held, or had an interest in a State of Colorado Liquor or Beer license, or loaned money, furniture or fixtures, equipment or inventory, to any liquor or beer licensee? If yes, answer in detail. ❑ Yes © No 9. Have you ever received a violation notice suspension or revocation, for a liquor law violation, or have you applied for or been denied a liquor or beer license anywhere in the U.S.? If yes, explain in detail. j Yes ® No 10. Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited bail for any offense in criminal or military court or do you have any charges pending? Include arrests for DUI and DWAI. (If yes, explain in detail.) Yes [y No 11. Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of a deferred sentence? (if yes, explain in detail.) Yes k No 12. Have you ever had any STATE issued licenses suspended, revoked, or denied including a drivers license? (If yes, explain in detail.) H Yes 5d No PERSONAL AND FINANCIAL INFORMATION Unless otherwise provided by law in 24-72-204 C.R.S., information provided below will be treated as CONFIDENTIAL. Colorado liquor licensing authorities require the following personal information in order to determine your suitability for licensure pursuant to 12-47-307 C.R.S. 13a. Date of Birth b. Social Security Number SSN ' c. Place of Birth /"hQ icv . d. U.S. Citizen? ❑Yes IDNo e. If Naturalized, State where f. When ' g. Name of District Court h. Naturalization Certificate Number i. Date of Certification I ). If an Alien, Give Alien's Registration Card Number k. Permanent Residence Card Number �C73i ( I. Height I m. Weight /(e, I x,130 n. Hair Color BL -1‹ o. Eye Color /3RowH p.Sex q. Race 1,4 1Nr5/o,v,C r. Do you have a current Driver's License? If so, give number and state IYes [-INo Co ,',_ - Financial Information. a. Total purchase price $ buying an existing business) or investment being made by the applying entity, corporation, _ _ _(if partnership, limited liability company, other $_ b. List the total amount of your investment in this business including any notes, loans, cash, services or equipment, operating capital, stock purchases and fees paid $ c. Provide details of investment. You must account for the sources of ALL cash (how acquired). Attach a separate sheet it needed. Type: Cash, Services or Equipment Source:Name of Bank; Account Type and Number Amount CRff --- Pg/1/0 i Cam. L/. ,2u torrote/Ls- .4- e,..,.,p,), i A -r uTfFL. d. Loan Information (attach copies of all notes or loans) Name of Lender and Account Number Address Term Security Amount 15. Give name of bank where business account will be maintained; Account Name and Account Number; and the name or names of persons authorized to draw thereon. �j f� f (j5 r c3,,v/< — a &',4 ,4L (2x911-1` ci,,D Kip ieii C -lAvez - A1)/7'01\1'0 CH P1 Ve Z 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. Autho d Signature �an a.4_.�r gay-7� Tit I✓ .vi 1 Date b j i 2, ; N°.86275 O a I - o -0 m O U d co c a,LoO ° 8 (1 U -0x03 4l a> UdO 4 m� es X308 HOW PAID CASH CHECK ORDER ORDER 38" 'J 5-0 J Serial Number 19768321192:; Pay to . , Coo, (� Address Memo O7008 unMO SWISS PUW Swk.. M Fights Resorted. RECEIPT DATE a -13 la RECEIVED FROM V.U`yvn OtAtx\it . QNIt. ADDRESS CL L.00rc ►J+.s‘A -up-.sta A $ . 5 FOR Vw-NC I Y Y t1n-k and X, d J �C..0\O r0..1313 1CS . n 4' .Y eMi RC*I c7 1 l-mkl lri lil'3 g 1o)a BY o • +'... —:47:.w..._ -- """ ` ' 7",;r. S, Dollars and Cents 12-02-13 806310 $38.5 Q 15 Clerk can__ ---- ONLY IN THE U.S. AND POSSESSIONS CBI SDDS Page 1 of 2 Colorado Bureau of Investigation Secure Document Delivery System Record Info Record 1 Length: ANSI Version: File Content: TOT: Date: Destination Agency ID: Originating Agency ID: Transaction Number: Transaction Control Response: 113 0200 Multiple fields 1 1 2 00 SEARCHRESULT 20120229 SNF COCBI0000 014C20678301 Demographic Info Record 2 Length: Counter: Originating Agency: Social Security Number: Name: Date of Birth: Electronic Rap Sheet: 1691 00 CO0620000 CHAVEZ-SAENZ,RUBEN DATE 02/29/2012 SO WELD COUNTY RECORDS GREELEY 1950"O" STREET GREELEY, CO 80631 RE: CHAVEZ-SAENZ,RUBEN DATE OF BIRTH: SOC: 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 https://sdds.state.co.us/SecureServer/RecordDetail.aspx 3/21/2012 CBI SDDS Page 2 of 2 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 2.96: N Original TOT: NFUF List of all records of this type Need Help? Contact: (303) 239-4208 Your Browser Needs https://sdds.state.co.us/SecureServer/RecordDetail.aspx 3/21/2012 DATE 02/29/2012 SO WELD COUNTY RECORDS GREELEY 1950 "O" STREET GREELEY, CO 80631 RE: CHAVEZ-SAENZ,RUBEN 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 DR 8404-I (01/06/05) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1881 PIERCE STREET RM 108A DENVER CO 80261 INDIVIDUAL HISTORY RECORD To be completed by each individual applicant, all general partners of a partnership, and limited partners owning 10% (or more) of a partnership; all officers and directors of a corporation, and stockholders of a corporation owning 10% (or more) of the stock of such corporation; all limited liability company MANAGING members, and officers or other limited liability company members with a 10% (or more) ownership interest in such company and all managers of a Hotel and Restaurant or a Tavern License. NOTICE: This individual history record provides basic information which is necessary for the licensing authority investigation. All questions must be answered in their entirety or your application may be delayed or not processed. EVERY answer you give will be checked for its truthfulness. A deliberate falsehood or omission will jeopardize the application as such falsehood within itself constitutes evidence regarding the character of the applicant. 1. Name of Business E\ Cs��l k1;Shk Gob2. Your Full Name last, first, middle) An -c -ran, r Chmf 7-, f texv?. 3. List any other names you have used. 4. Mailing address (if different rom residence) tyg0 uI cp‘ a--4- R,V; h-V(Vn,Cn isit, Home Telephone c)-2) tea) -2-v; ; 5. List all residence addresses below. Include current and pr sous addresses for the past five years. STREET AND NUMBER CITY, STATE, ZIP FROM TO Current la0a 1,c)c-iB\;-cy_o k-\r,L *onI Co SCoa1 Previous 6. List all current and former employers or businesses engaged in within the last five years (Attach separate sheet if necessary) NAME OF EMPLOYER ADDRESS (STREET, NUMBER, CITY, STATE, ZIP) POSITION HELD FROM TO 7\ • � - \C�j-ed 110 1 c1nC ieui r. x-4.11.1 fl\r �� G 3 r> b° ';;r QcomOttr tgw0 �O ( I 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 8. Have you ever applied for, held, or had an interest in a State of Colorado Liquor inventory, to any liquor or beer licensee? If yes, answer in detail. Yes or Beer License, or loaned money, furniture or fixtures, equipment or Pi No 9. Have you ever received a violation notice suspension or revocation, for a liquor law violation, or have you applied for or been denied a liquor or beer license anywhere in the U.S.? If yes, explain in detail. Yes [, No 10. Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited bail for any offense in criminal or military court or do you have any charges pending? Include arrests for DUI and DWAI. (If yes, explain in detail.) ❑Yes No 11. Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of a deferred sentence? (if yes, explain in detail.) Yes No 12. II Have you ever had any STATE issued licenses suspended, revoked, or denied including a drivers license? (If yes, explain in detail.) Yes No PERSONAL AND FINANCIAL INFORMATION Unless otherwise provided by law in 24-72-204 C.R.S., information provided below will be treated as CONFIDENTIAL. Colorado liquor licensing authorities require the following personal information in order to determine your suitability for licensure pursuant to 12-47-307 C.R.S. 13a. Date of Birth ((',, b. Social Security NumberSSN c. Place of Birth \-C. i C d. U.S. Citizen? R. Yes No e. If Naturalized, State where \0N- f. When \Gq g. Name of District Court 0-r.J-er h. a uralizati n C rti icate.Number i. Date of Certification Jaq. j. If an Alien, Give Alien's Registration Card Number k. Permanent Residence Card Number I. Height (3C6 , m. Weight 'n. g4 V Hair Color trill o. Eye Color ?AC) p. �See�x 1, 1 q. Race t, rc r. Do you have a current Driver's License? If so, give number � Financial Information. a. Total purchase price $ (if buying an existing business) or investment being made by the applying entity, corporation, partnership, limited liability company, other $ b. List the total amount of your investment in this business including any notes, loans, cash, services or equipment, operating capital, stock purchases and fees paid $ c. Provide details of Investment. You must account for the sources of ALL cash (how acquired). Attach a separate sheet if needed. Type: Cash, Services or Equipment Source:Name of Bank; Account Type and Number Amount ()Cr,v5I)tYaAcct Cokrqrn b k Oe A- -,- c P mc;f s v. -, u �resu �4- lein-f-a l d. Loan Information (attach copies of all notes or loans) Name of Lender and Account Number Address Term Security Amount 15. Give name of bank where business account will be maintained; Account Name and Account Number; and the name or names of persons authorized to draw thereon. v.e . c5-,- — T.\ C ---411---a \ O ;_c; h-- Ctu.6. 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. Author Ski nature Title I V ce - P‘ -e_ (-L.44(-L.44i Date 13 / t x �12%r/.�r7,..s 0 D o c't O 0 0 co CD CCI c a) ° O o U U o w ` m 7D - Ti) a)O,(12 OaO 14211 I'JEV HOW PAID CASH CHECK 1, S. ORDEflOWER 38- 50 Serial Number 19768321181 Pay to adoc _ { yrf= Og RECEIPT DATE LQ-/3-/oZ RECEIVED FROM K1n/Onuo �'IA�Z j enZ AD RESS C L �'_c).Droi Is %0%.� GA.‘b �. 4 tb„ $ � • 5D NO. 86276 FOR VwL1YtC1/4 1Z)c- -"d'Q � th QD .k 0f Znvl SVouf ifi MO / C1 Pk 3 a II 51 BY i Arri Dollars and Cents 8.50 Iu LY IN THE U.S. AND POSSESSIONS CBI SDDS Page 1 of 4 MorphoTrak Gros; Colorado Bureau of Investigation Secure Document Delivery System Record Info Record 1 159 Length: ANSI Version: 0201 File Content: Multiple fields 1 1 2 00 TOT: SRE Date: 20120301 Priority: 4 Destination COCBI0000 Agency ID: Originating WVIAFISOZ Agency ID: Transaction E2012061000000021039 Number: Transaction 014C20678300 Control Response: 1.11: 00.00 1.12: 00.00 Demographic Info Record 2 Length: 5038 Counter: 00 Originating CO0620000 Agency: FBI Number: 182513W1 SID Number: CO394532 Social Security Number: Name: CHAVEZ-SAENZ,ANTONIO Date of Birth: Search I Results: Controlling COCBI0000 Agency Identifier: Electronic Rap Sheet: UNITED STATES DEPARTMENT OF JUSTICE FEDERAL BUREAU OF INVESTIGATION CRIMINAL JUSTICE INFORMATION SERVICES DIVISION CLARKSBURG, WV 26306 COCBI0000 ICN E2012061000000021039 TCN 014C20678300 AGENCY CASE CO0620000 THE FBI IDENTIFIED YOUR TEN -PRINT SUBMISSION WHICH CONTAINED THE FOLLOWING DESCRIPTORS: NAME CHAVEZ-SAENZ,ANTONIO DATE ARRESTED/FINGERPRINTED 2012/02/14 SEX RACE BIRTH DATE HEIGHT WEIGHT EYES HAIR M W 1959/09/03 508 270 BROWN BROWN https://sdds.state.co.us/SecureServer/RecordDetaiLaspx 3/21/2012 CBI SDDS Page 2 of 4 STATE ID BIRTH PLACE CO394532 MEXICO OTHER BIRTH SOCIAL DATES SCARS -MARKS -TATTOOS SECURITY MISC NUMBERS NONE NONE NONE ALIAS NAME(S) NONE END OF COVER SHEET UNITED STATES DEPARTMENT OF JUSTICE FEDERAL BUREAU OF INVESTIGATION CRIMINAL JUSTICE INFORMATION SERVICES DIVISION CLARKSBURG, WV 26306 COCBI0000 ICN E2012061000000021039 BECAUSE ADDITIONS OR DELETIONS MAY BE MADE AT ANY TIME, A NEW COPY SHOULD BE REQUESTED WHEN NEEDED FOR SUBSEQUENT USE. THIS RECORD IS SUBJECT TO THE FOLLOWING USE AND DISSEMINATION RESTRICTIONS UNDER PROVISIONS SET FORTH IN TITLE 28, CODE OF FEDERAL REGULATIONS (CFR), SECTION 50.12, BOTH GOVERNMENTAL AND NONGOVERNMENTAL ENTITIES AUTHORIZED TO SUBMIT FINGERPRINTS AND RECEIVE FBI IDENTIFICATION RECORDS MUST NOTIFY THE INDIVIDUALS FINGERPRINTED THAT THE FINGERPRINTS WILL BE USED TO CHECK THE CRIMINAL HISTORY RECORDS OF THE FBI. IDENTIFICATION RECORDS OBTAINED FROM THE FBI MAY BE USED SOLELY FOR THE PURPOSE REQUESTED AND MAY NOT BE DISSEMINATED OUTSIDE THE RECEIVING DEPARTMENT, RELATED AGENCY OR OTHER AUTHORIZED ENTITY. IF THE INFORMATION ON THE RECORD IS USED TO DISQUALIFY AN APPLICANT, THE OFFICIAL MAKING THE DETERMINATION OF SUITABILITY FOR LICENSING OR EMPLOYMENT SHALL PROVIDE THE https://sdds.state.co.us/SecureServer/RecordDetail.aspx 3/21/2012 CBI SDDS Page 3 of 4 APPLICANT THE OPPORTUNITY TO COMPLETE, OR CHALLENGE THE ACCURACY OF, THE INFORMATION CONTAINED IN THE FBI IDENTIFICATION RECORD. THE DECIDING OFFICIAL SHOULD NOT DENY THE LICENSE OR EMPLOYMENT BASED ON THE INFORMATION IN THE RECORD UNTIL THE APPLICANT HAS BEEN AFFORDED A REASONABLE TIME TO CORRECT OR COMPLETE THE INFORMATION, OR HAS DECLINED TO DO SO. AN INDIVIDUAL SHOULD BE PRESUMED NOT GUILTY OF ANY CHARGE/ARREST FOR WHICH THERE IS NO FINAL DISPOSITION STATED ON THE RECORD OR OTHERWISE DETERMINED. IF THE APPLICANT WISHES TO CORRECT THE RECORD AS IT APPEARS IN THE FBI'S CJIS DIVISION RECORDS SYSTEM, THE APPLICANT SHOULD BE ADVISED THAT THE PROCEDURES TO CHANGE, CORRECT OR UPDATE THE RECORD ARE SET FORTH IN TITLE 28, CFR, SECTION 16.34. - FBI IDENTIFICATION RECORD - WHEN EXPLANATION OF A CHARGE OR DISPOSITION IS NEEDED, COMMUNICATE DIRECTLY WITH THE AGENCY THAT FURNISHED THE DATA TO THE FBI. NAME FBI NO. DATE REQUESTED CHAVEZ,ANTONIO 182513W1 2012/03/01 SEX RACE BIRTH DATE HEIGHT WEIGHT EYES HAIR M W 145 BRO BLK BIRTH PLACE CHIHUAHUA FINGERPRINT CLASS PATTERN CLASS 17 TT 09 04 14 RS LS RS RS RS LS LS LS LS LS 12 09 08 09 09 RS AU END OF PART 1 - PART 2 TO FOLLOW UNITED STATES DEPARTMENT OF https://sdds.state.co.us/SecureServer/RecordDetasl.aspx 3/21/2012 CBI SDDS Page 4 of 4 JUSTICE FEDERAL BUREAU OF INVESTIGATION CRIMINAL JUSTICE INFORMATION SERVICES DIVISION CLARKSBURG, WV 26306 COCBI0000 ICN E2012061000000021039 PART 2 - FBI IDENTIFICATION RECORD - FBI 1 -ARRESTED OR RECEIVED 1980/07/20 SID-IL02192510 AGENCY -POLICE DEPARTMENT ARLINGTON HEIGHTS (IL0160200) AGENCY CASE -80P-8080 CHARGE 1 -ASSAULT DISPOSITION -TOT ANOTHER AGENCY - CHARGE 2 -ASSAULT DISPOSITION -TOT ANOTHER AGENCY - CHARGE 3 -DISORDERLY CONDUCT DISPOSITION -TOT ANOTHER AGENCY - ADDITIONAL ARREST DISPOSITION- ' TOT IMMIGRATION RECORD UPDATED 2012/03/01 ALL ARREST ENTRIES CONTAINED IN THIS FBI RECORD ARE BASED ON FINGERPRINT COMPARISONS AND PERTAIN TO THE SAME INDIVIDUAL. THE USE OF THIS RECORD IS REGULATED BY LAW. IT IS PROVIDED FOR OFFICIAL USE ONLY AND MAY BE USED ONLY FOR THE PURPOSE REQUESTED. Original TOT: NFUF List of all records of this type Need Help? Contact: (303) 239-4208 Your Browser Needs https://sdds.state.co.us/SecureServer/RecordDetail.aspx 3/21/2012 UNITED STATES DEPARTMENT OF JUSTICE FEDERAL BUREAU OF INVESTIGATION CRIMINAL JUSTICE INFORMATION SERVICES DIVISION CLARKSBURG, WV 26306 C0CBI0000 ICN E2012061000000021039 TCN 014C20678300 AGENCY CASE CO0620000 THE FBI IDENTIFIED YOUR TEN -PRINT SUBMISSION WHICH CONTAINED THE FOLLOWING DESCRIPTORS: NAME CHAVEZ-SAENZ,ANTONIO DATE ARRESTED/FINGERPRINTED 2012/02/14 SEX RACE BIRTH DATE HEIGHT WEIGHT EYES HAIR M W 508 270 BROWN BROWN STATE ID BIRTH PLACE C0394532 MEXICO OTHER BIRTH DATES SCARS -MARKS -TATTOOS NONE NONE ALIAS NAME(S) NONE SOCIAL SECURITY MISC NUMBERS NONE END OF COVER SHEET UNITED STATES DEPARTMENT OF JUSTICE FEDERAL BUREAU OF INVESTIGATION CRIMINAL JUSTICE INFORMATION SERVICES DIVISION CLARKSBURG, WV 26306 COCBI0000 ICN E2012061000000021039 BECAUSE ADDITIONS OR DELETIONS MAY BE MADE AT ANY TIME, A NEW COPY SHOULD BE REQUESTED WHEN NEEDED FOR SUBSEQUENT USE. THIS RECORD IS SUBJECT TO THE FOLLOWING USE AND DISSEMINATION RESTRICTIONS UNDER PROVISIONS SET FORTH IN TITLE 28, CODE OF FEDERAL REGULATIONS (CFR), SECTION 50.12, BOTH GOVERNMENTAL AND NONGOVERNMENTAL ENTITIES AUTHORIZED TO SUBMIT FINGERPRINTS AND RECEIVE FBI IDENTIFICATION RECORDS MUST NOTIFY THE INDIVIDUALS FINGERPRINTED THAT THE FINGERPRINTS WILL BE USED TO CHECK THE CRIMINAL HISTORY RECORDS OF THE FBI. IDENTIFICATION RECORDS OBTAINED FROM THE FBI MAY BE USED SOLELY FOR THE PURPOSE REQUESTED AND MAY NOT BE DISSEMINATED OUTSIDE THE RECEIVING DEPARTMENT, RELATED AGENCY OR OTHER AUTHORIZED ENTITY. IF THE INFORMATION ON THE RECORD IS USED TO DISQUALIFY AN APPLICANT, THE OFFICIAL MAKING THE DETERMINATION OF SUITABILITY FOR LICENSING OR EMPLOYMENT SHALL PROVIDE THE APPLICANT THE OPPORTUNITY TO COMPLETE, OR CHALLENGE THE ACCURACY OF, THE INFORMATION CONTAINED IN THE FBI IDENTIFICATION RECORD. THE DECIDING OFFICIAL SHOULD NOT DENY THE LICENSE OR EMPLOYMENT BASED ON THE INFORMATION IN THE RECORD UNTIL THE APPLICANT HAS BEEN AFFORDED A REASONABLE TIME TO CORRECT OR COMPLETE THE INFORMATION, OR HAS DECLINED TO DO SO. AN INDIVIDUAL SHOULD BE PRESUMED NOT GUILTY OF ANY CHARGE/ARREST FOR WHICH THERE IS NO FINAL DISPOSITION STATED ON THE RECORD OR OTHERWISE DETERMINED. IF THE APPLICANT WISHES TO CORRECT THE RECORD AS IT APPEARS IN THE FBI'S CJIS DIVISION RECORDS SYSTEM, THE APPLICANT SHOULD BE ADVISED THAT THE PROCEDURES TO CHANGE, CORRECT OR UPDATE THE RECORD ARE SET FORTH IN TITLE 28, CFR, SECTION 16.34. - FBI IDENTIFICATION RECORD - WHEN EXPLANATION OF A CHARGE OR DISPOSITION IS NEEDED, COMMUNICATE DIRECTLY WITH THE AGENCY THAT FURNISHED THE DATA TO THE FBI. NAME CHAVEZ,ANTONIO FBI NO. DATE REQUESTED 182513W1 2012/03/01 SEX RACE BIRTH DATE HEIGHT WEIGHT EYES HAIR M W 509 145 BRO BLK BIRTH PLACE CHIHUAHUA FINGERPRINT CLASS PATTERN CLASS 17 TT 09 04 14 RS LS RS RS RS LS LS LS LS LS 12 09 08 09 09 RS AU END OF PART 1 - PART 2 TO FOLLOW COCBI0000 PART 2 UNITED STATES DEPARTMENT OF JUSTICE FEDERAL BUREAU OF INVESTIGATION CRIMINAL JUSTICE INFORMATION SERVICES DIVISION CLARKSBURG, WV 26306 ICN E2012061000000021039 - FBI IDENTIFICATION RECORD - FBI NO -182513W1 1 -ARRESTED OR RECEIVED 1980/07/20 SID- IL02192510 AGENCY -POLICE DEPARTMENT ARLINGTON HEIGHTS (IL0160200) AGENCY CASE -80P-8080 CHARGE 1 -ASSAULT DISPOSITION -TOT ANOTHER AGENCY - CHARGE 2 -ASSAULT DISPOSITION -TOT ANOTHER AGENCY - CHARGE 3 -DISORDERLY CONDUCT DISPOSITION -TOT ANOTHER AGENCY - ADDITIONAL ARREST DISPOSITION -TOT IMMIGRATION RECORD UPDATED 2012/03/01 ALL ARREST ENTRIES CONTAINED IN THIS FBI RECORD ARE BASED ON FINGERPRINT COMPARISONS AND PERTAIN TO THE SAME INDIVIDUAL. THE USE OF THIS RECORD IS REGULATED BY LAW. IT IS PROVIDED FOR OFFICIAL USE ONLY AND MAY BE USED ONLY FOR THE PURPOSE REQUESTED. February 4, 201_ lb Whom it May Concern: I Jose A Villalobos am a friend of Ruben Chavez. 1 have known Ruben for 25 >;.,;...�. .,..1 •..... .., ...r,. 1 1. r.li,r-,.n i.r• r.t.;;IjF;.. candidate to start a business since he has experience and is very responsible. a.bt :J . .....,l.11•••• ••••••• :...:,:. ............,...,.::.) k;... ,.,..... �:,.. have any further questions or concerns feel free to contact me at 720 64 l - t b24. Sincerely, Ida 'CQdeCR�6 Jose A. Villaiobos February 4, 2012 To Whom It May Concern: I Jose L Rivas have been friends with Ruben Chavez for 20 years. I am providing this letter as reference to confirm he is an organized, responsible and self motivated person. He wants to start a business within the field of experience and comfort for him. I highly recommend him since I believe he is responsible person and can succeed. I can be reached at 303 324-9043 for further questions. Sincerely, Jose L. Rivas • • • �l 5,-pci7 C e(C AI Cc. tieczv M V ,t,JAAA6 Th :re ≤E Z cDzq c-lLUE c k4 -c-0 cs ?AAPtt 3 c nm,l &Jt $AvE ?,Eer f >S FOR_ AT2o-tAJo r5 YE ZS. 7 E(4✓b-fAiRcre Tt(i2s ce-T i ez zt5 if 2-EfERCE K J0i,J HE 1-5 AJcz-( Zcs?oid5---rexa, CRC') eb. H A R l7 wct ,LZ P "AAA), HE- w4 ,s1 -S TO 5 TAP-7 Etc5-P.'E55 &UEVV& HE .V ccfrnt o12-4 l311 fc! ,4tnJh H1S E72T6'JzL_ -fIE HAs ,t4\-4 FitA-MEAT t 7i,UOW HE i-c- Do c-ZE,ti-c kAJD S&oser7t TO T,�(5Z.J Gi l t -t 5- TI 'lout 4 ve- 4 n/`( RA -47 l{ E,2 CILAEST-ro.1S fEet- tE- -To cQ ..C-{ . "i-3o--W -(--(035. 5 AJ EZ& L-(, at o -- g i- ) 0 5 E C. iz cD--‘2 T c=j z c kd5 February 6, 2012 To whom it may concern: I Rafael Nevarez owner of R&L Tires LLC would like to recommend Antonio Chavez to start his own business. I have know Antonio for over 20 years. He is a very experienced person and would be a great candidate to start a new business. Antonio is a hard working person and very dedicated to every business he goes into. Sincerely, etee /-e/e19/? Rafael Nevare PAY TO THE ORDER OF FIRST NATIONAL BANK Is. 10700026240 FOR DEPOSIT ONLY R 8 L TIRE LLC 915002856 7e73 5 -cy3 04 0$IDO$ q r I. Qyp assab 0 February 9, 2012 To whom it may concern: I Armando Escarcega have known Antonio Chavez, for over 30 years. I have also worked with him and I believe he is a good candidate to start a business because he has been in the business for many years. He is very responsible and very trustworthy. If you have any further questions feel free to call at the number listed. Singerely, rI ,tic.)*LX b cu vie Arm Escarcega President of Armandos Auto Inc Armando's Auto 205 Denver Ave. Fort Lupton, CO 80621 (303) 857-8888 Office (303) 857-7996 Fax www.armandosauto.org February 9, 2012 To whom it may concern: My name is Juan Manuel Flores Peres and I am writing to you on behalf of Antonio Chavez. I have known Antonio for over 20 years, he is a very hard working person. He would be a good candidate to start his own business since he has many years of experience. Hi is highly recommended. If you have any questions feel free to call me at 970-405-6574 Sincerely, Manuel Flores Per r ' 2-1/ ' c 1yif *- _______ _____ e : (---- 1 . i ....... 9 // cti 1 c 6 1.17, i ice. ‘ n ( _ 1::: -.P- -ICC) 5 ni:j P I :CI cN t.il-F- .y , - il_ • I 2....-------a- P\ - - ----9 II . 6, - ,. . vAice-- , . ca c‘n . , --72, (i, o z , O: \q I_____I h__ _. ... 1 --- , atilt__ /... . t {) __. p.. ps: 5, efif ti onl A) [ f\) cus-a-t}l .j --ciA 2 , r: kic o 1 ?,0 - . Q I- '6t-- L J 0 r 70y 1/41- rISSIIIIIIIIIMeri" // J / bp- to . , (A er 0 \i, 0 OQ ,G, , r , , .-_, vt.• , ,, --, , , 6 eici . k)k) ; t... . . 72-\ OP t° J -;,it is_ m . 1i I 1 ii !L . • . ... t ',: , ti Nki , n onic . i ?"€ PI?, 45 _ . \kl , : _w”mr._. t OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE I, Scott Gessler, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, El Caporal Night Club Inc. is a Corporation formed or registered on 02/06/2012 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 20121083320. This certificate reflects facts established or disclosed by documents delivered to this office on paper through 02/06/2012 that have been posted, and by documents delivered to this office electronically through 02/08/2012 @ 12:47:52. 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 02/08/2012 @ 12:47:52 pursuant to and in accordance with applicable law. This certificate is assigned Confirmation Number 8161592. Secretary of State of the State of Colorado sssssaasssassst*****asssssssssssssss***** ss*End ofCertificatesss+ssrsssss**** *assssssssssssssssssrssssss Notice: A certificate issued electronically from the Colorado Secretary of State's Web site is fully 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, http://www.sosstate.co.uc2,JCertifcateSearchCriteria.da entering the certificate's confirmation number displayed on 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 ofa certificate. For more information, visit oar Web site, http:Owww.sosstate.co.us/click Business Center and select "Frequently Asked Questions." CRRT GS D Revised 08/20/2008 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. -Filed Colorado Secretary of State Date and Time: 02/06/2012 04:46 PM ID Number: 20121083320 $50.00 Document number: 20121083320 Amount Paid: $50.00 ABOVE SPACE FOR OFFICE USE ONLY Articles of Incorporation for a Profit Corporation filed pursuant to § 7-102-101 and § 7-102-102 of the Colorado Revised Statutes (C.R.S.) I. The domestic entity name for the corporation is El Caporal Night Club Inc. (The name of a corporation must contain the term or abbreviation "corporation ", 601, C.R.S. If the corporation is a professional or special purpose corporation, other law may apply) (Caution: The use of certain terms or abbreviations are restricted by law. Read instructions for more information.) 2. The principal office address of the corporation's initial principal office is Street address Mailing address (leave blank if same as street address) 1490 W.C.R 27 (Street number and name) Brighton CO 80603 (City) (State) (ZIP/Postal Code) United States (Province -if applicable) (Country) (Street number and name or Post Office Box information) (City) (State) (ZIP/Postal Code) (Province - if applicable) (Country) 3. The registered agent name and registered agent address of the corporation's initial registered agent are Name (if an individual) OR (if an entity) (Caution: Do not provide both an individual and an entity name.) 6330 Poplar st Saenz (Last) Ruben Chavez (First) (Middle) (Snftx) Street address ARTINC_PC (Street number and name) Commerce City (City) co 80022 (State) (Z1P/Postal Code) Page 1 of 3 Rev. 02/282008 Mailing address (leave blank if same as street address) (Street number and name or Post Office Box information) (City) CO (State) (ZIP/Postal Code) (The following statement is adopted by marking the box.) n The person appointed as registered agent above has consented to being so appointed. 4. The true name and mailing address of the incorporator are Name (if an individual) OR (if an entity) (Caution: Do not provide both an individual and an entity name.) Mailing address 6330 poplar St Saenz Ruben Chavez (Last) (First) (Middle) (Suffix) (Street number and name or Post Office Box information) Commerce City CO 80022 (City) UnS@U States (ZIP/Postal Code) (Province - ([applicable) (Country) (If the following statement applies, adopt the statement by marking the box and include an attachment) n The corporation has one or more additional incorporators and the name and mailing address of each additional incorporator are stated in an attachment. 5. The classes of shares and number of shares of each class that the corporation is authorized to issue are as follows. (If the following statement applies, adopt the statement by marking the box and enter the number of shares.) n The corporation is authorized to issue 1,000 common shares that shall have unlimited voting rights and are entitled to receive the net assets of the corporation upon dissolution. (If the following statement applies, adopt the statement by marking the box and include an attachment) Additional information regarding shares as required by section 7-106-101, C.R.S., is included in an attachment. (Caution: At least one box must be marked. Both boxes may be marked. (f applicable) 6. (If the following statement applies, adopt the statement by marking the box and include an attachment.) n This document contains additional information as provided by law. 7. (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, fapplicable, time using the required format) The delayed effective date and, if applicable, time of this document is/are (mm/dd/yyyy hour:minute am/pm) ARTINC_PC 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, under 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. 8. The true name and mailing address of the individual causing the document to be delivered for filing are Sipres Mary (Last) (First) (Middle) (S)da) 1490 W.C.R 27 (Street number and name or Post Office Box information) Brighton CO 80603 (City) (State) (7JP/Postal Code) United States . (Province —ifapplicable) (Country) (If the following statement applies, adopt the statement by marking the box and include an attachment.) 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 furnished 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). ARTINC_PC Page 3 of 3 Rev. 02/28/2008 Second Associate of corporation El Caporal Inc. Antonio Chavez Saenz 1202 Longview Dr Ft Lupton, Co 80621 Business address 1490 W.C.R 27 Brighton CO 80603 IRC:DEPARTMENT OF THE TREASURY J INTERNAL REVENUE SERVICE CINCINNATI OH 45999-0023 Date of this notice: 02-11-2012 Employer Identification Number: 45-4511157 Form: SS -4 Number of this notice: CP 575 A EL CAPORAL NIGHT CLUB INC 1490 WCR 27 BRIGHTON, CO 80603 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 45-4511157. 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 940 Form 944 Form 1120 Form 720 01/31/2013 01/31/2013 03/15/2013 04/30/2012 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. IMPORTANT INFORMATION FOR S CORPORATION ELECTION: If you intend to elect to file your return as a small business corporation, an election to file a Form 1120-S must be made within certain timeframes and the corporation must meet certain tests. All of this information is included in the instructions for Form 2553, Election by a Small Business Corporation. (IRS USE ONLY) 575A 02-11-2012 ELCA B 9999999999 SS -4 If you are required to deposit for employment taxes (Forms 941, 943, 940, 944, 945, CT -1, or 1042), excise taxes (Form 720), or income taxes (Form 1120), you will receive a Welcome Package shortly, which includes instructions for making your deposits electronically through the Electronic Federal Tax Payment System (EFTPS). A Personal Identification Number (PIN) for EFTPS will also be sent to you under separate cover. Please activate the PIN once you receive it, even if you have requested the services of a tax professional or representative. For more information about EFTPS, refer to Publication 966, Electronic Choices to Pay All Your Federal Taxes. If you need to make a deposit immediately, you will need to make arrangements with your Financial Institution to complete a wire transfer. The IRS is committed to helping all taxpayers comply with their tax filing obligations. If you need help completing your returns or meeting your tax obligations, Authorized a -file Providers, such as Reporting Agents (payroll service providers) are available to assist you. Visit the IRS Web site at www.irs.gov for a list of companies that offer IRS a -file for business products and services. The list provides addresses, telephone numbers, and links to their Web sites. 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. 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 A (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 A 9999999999 Your Telephone Number Best Time to Call DATE OF THIS NOTICE: 02-11-2012 ( ) - EMPLOYER IDENTIFICATION NUMBER: FORM: SS -4 NOBOD INTERNAL REVENUE SERVICE CINCINNATI OH 45999-0023 I,'„ I,I,I,I,)„ (,)„ I,I„ I(O,II EL CAPORAL NIGHT CLUB INC 1490 WCR 27 BRIGHTON, CO 80603 El Caporal Night Club, INC. Meeting Minutes February 2, 2012 I. Call to order Ruben Chavez called to order the first meeting of El Caporal Night Club, INC. at 10:00 am at El Caporal Night Club on February 2, 2012 in Brighton, Colorado. II. Roll Call The following persons were present: Ruben Chavez, Antonio Chavez. III. New Business a) Ruben and Antonio decide that Ruben will be the President and Antonio will be the Vice -President of El Caporal Night Club, INC. b) Ruben Chavez accepts the position of President of El Caporal Night Club, INC. c) Antonio Chavez accepts the position of Vice -President of El Caporal Night Club, INC. IV. Adjournment Ruben Chavez adjourned the meeting at 10:30 am. Minutes submitted by: Ruben Chavez Minutes approved by: Ruben Chavez and Antonio Chavez Liquor License Renewal Building Department Comments Department of Planning Services 1555 N 17th Ave Greeley, CO 80631 (970) 353-6100 NEW APPLICANT: EL CAPORAL NIGHT CLUB, INC dba EL CAPORAL NIGHT CLUB 1490 COUNTY ROAD 27 BRIGHTON, CO 80601 Dear Sir/Madam, The Weld County Building Department has reviewed the history and investigated any complaints or violations that accompany the parcel the establishment resides on. The findings are as followed: All buildings are currently in compliance in that there are no outstanding building permits open, no building violation cases and no building related complaints against the property. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, or to cause any such work to be done, shall first make application to the building official and Weld County to obtain the required permit. For further information or comments please contact the Weld County Building Department. Sincerely, Jonathan Gesick Plans Examiner and Building Inspector 970-353-6100 x-3532 qtr, COLORADO MEMORANDUM To: Tonya Disney, Deputy Clerk to the Board February 17, 2012 From: Bethany Salzman, Zoning Compliance Officer, Dept. of Planning Services Subject: LC0028 Review of the following liquor license renewal by the Department of Planning Services shows the following: Owner: Mary D. Sipres 1490CR27 Brighton, Co 80603-9332 Applicant: El Caporal Night Club Inc. Dba: El Centenario Night Club 1490 County Road 27 Brighton, Co 80603 Situs Address: 1490 CR 27 Brighton, Co 80603 Zone District: A (Agricultural) This use has existed prior to zoning and a Nonconforming Use File (NCU-80), has been set up by the Planning Department. Any expansion, construction or change in use would need to be submitted to the Department of Planning Services prior to completion. Staff previously determined that 1 (one) Mobile Food Vendor, provided they are appropriately licensed, is not a substantial change to the existing Nonconforming Use. Historically, there have been issues with the septic, please check with Health Department for any comments. No Zoning Violations are occurring on the property at this time. SERVICE, TEAMWORK, INTEGRITY, QUALITY To: Weld County Board of Commissioners From: Deputy Jeremy Frey Date: February 21, 2012 RE: El Caporal Night Club Inc. Dear Commissioners, I went to El Caporal Night Club located at 1490 County Road 27 Brighton Co, 80603 on 022112 to inspect the property. I met with Antonio Chavez and found that there was no liquor in the leased area. They are in the process of cleaning up the bar and updating the counters. I found no current issues. Respectfully Submitted, Deputy Jeremy Frey Community Resource Officer Weld County Sheriffs Office 1950 "O" Street Greeley, CO 80631 Tonya Disney From: Sent: To: Subject: Hi Tonya, Janet Carter Friday, February 24, 2012 9:34 AM Tonya Disney RE: New Liquor License - El Caporal Night Club, Inc dba El Caporal Night Club This is an existing facility and 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 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: Tonya Disney Sent: Monday, February 13, 2012 3:55 PM To: Bethany Salzman; Dan Joseph; Janet Carter; Jeremy Frey; Jonathan Gesick; Lisa Carpenter; Roy Rudisill Cc: Brad Yatabe; David Clarke; Deb Adamson; Margie Martinez; Sara Evans; Tonya Disney Subject: New Liquor License - El Caporal Night Club, Inc dba El Caporal Night Club The following applicant has submitted a request for renewal of its Tavern License, LC0028. Please provide any comments you may have before Monday, February 27, 2012. A .pdf copy of the application materials is attached. License Number: N/A New Application Applicant: El Caporal Night Club, Inc Dba El Caporal Night Club 1490 County Road 27 Brighton CO 80603 Jacqueline Chavez (daughter of Ruben/business applicant) 720-275-3457 (can answer questions or translate if needed) Landlord — Mary Sipres (303) 548-5521 5 Current License Expires: N/A New Application Thank you, Tanya Disney Clerk to the Board 1150 O Street PO Box 758IGreeley, Colorado 80632 Phone: 970-336-7215 x 5226 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. 6 Tonya Disney From: Sent: To: Subject: Dan Joseph Tuesday, February 28, 2012 4:11 PM Tonya Disney RE: New Liquor License - El Caporal Night Club, Inc dba El Caporal Night Club We received all of their paperwork for the change of ownership. We don't have any additional comments at this point. Do you still need a memo from me? Dan Joseph CP-FS Food Program Coordinator Weld County Department of Public Health and Environment 1555 North 17th Avenue Greeley, CO 80631 phone: 970.304.6415 x 2206 fax: 970304.641 1 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: Tonya Disney Sent: Wednesday, February 15, 2012 4:06 PM To: Dan Joseph Subject: RE: New Liquor License - El Caporal Night Club, Inc dba El Caporal Night Club Dan, El Centenario has surrendered both State and County Licenses. El Caporal is a new entity so will have to go through the entire process. They will be located at the same location. If I need to contact them please let me know or I believe I sent the contact information for them. Let me know if you need me to do anything else. Thank you. From: Dan Joseph Sent: Wednesday, February 15, 2012 4:01 PM To: Tonya Disney Cc: Deb Adamson; Cindy Salazar Subject: RE: New Liquor License - El Caporal Night Club, Inc dba El Caporal Night Club Tonya, 1 Do you know if this facility changed ownership? We have them currently licensed as El Centenario Night Club and have a different person's name as the owner (Jose Rosales). I looked at the Colorado Secretary of State and it looks like El Centenario is no longer active and now El Caporal is. If this is the case, and they changed ownership, then they need to complete our paperwork prior to us recommending for approval. Thanks, Dan Dan Joseph CP-FS Food Program Coordinator Weld County Department of Public Health and Environment 1555 North 17th Avenue Greeley, CO 80631 phone: 970.304.6415 x 2206 fax: 970.304.641 1 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: Tonya Disney Sent: Monday, February 13, 2012 3:55 PM To: Bethany Salzman; Dan Joseph; Janet Carter; Jeremy Frey; Jonathan Gesick; Lisa Carpenter; Roy Rudisill Cc: Brad Yatabe; David Clarke; Deb Adamson; Margie Martinez; Sara Evans; Tonya Disney Subject: New Liquor License - El Caporal Night Club, Inc dba El Caporal Night Club The following applicant has submitted a request for renewal of its Tavern License, LC0028. Please provide any comments you may have before Monday, February 27, 2012. A .pdf copy of the application materials is attached. License Number: N/A New Application Applicant: El Caporal Night Club, Inc Dba El Caporal Night Club 1490 County Road 27 Brighton CO 80603 Jacqueline Chavez (daughter of Ruben/business applicant) 720-275-3457 (can answer questions or translate if needed) Landlord — Mary Sipres (303) 548-5521 Current License Expires: N/A 2 New Application Thank you, Tonya Disney Clerk to the Board 1150 O Street IPO Box 758I Greeley, Colorado 80632 Phone: 970-336-7215 x 5226 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. 3 Tonya Disney From: Sent: To: Subject: Roy Rudisill Wednesday, February 29, 2012 2:32 PM Tonya Disney RE: New Liquor License - El Caporal Night Club, Inc dba El Caporal Night Club Sorry, no concerns for the liquor license. 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: Tonya Disney Sent: Wednesday, February 29, 2012 2:20 PM To: Roy Rudisill Subject: FW: New Liquor License - El Caporal Night Club, Inc dba El Caporal Night Club Just a friendly reminder that I will need this referral as soon as you get a chance. We do not have a meeting date set for this yet, we are still waiting for background and finger print check. Thank you Tonya Disney From: Tonya Disney Sent: Monday, February 13, 2012 3:55 PM To: Bethany Salzman; Dan Joseph; Janet Carter; Jeremy Frey; Jonathan Gesick; Lisa Carpenter; Roy Rudisill Cc: Brad Yatabe; David Clarke; Deb Adamson; Margie Martinez; Sara Evans; Tonya Disney Subject: New Liquor License - El Caporal Night Club, Inc dba El Caporal Night Club 1 The following applicant has submitted a request for renewal of its Tavern License, LC0028. Please provide any comments you may have before Monday, February 27, 2012. A .pdf copy of the application materials is attached. License Number: N/A New Application Applicant: El Caporal Night Club, Inc Dba El Caporal Night Club 1490 County Road 27 Brighton CO 80603 Jacqueline Chavez (daughter of Ruben/business applicant) 720-275-3457 (can answer questions or translate if needed) Landlord — Mary Sipres (303) 548-5521 Current License Expires: N/A New Application Thank you, Tonya Disney Clerk to the Board 1150 O StreetIPO Box 758jGreeley, Colorado 80632 Phone: 970-336-7215 x 5226 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. 2 I • < ( i • '/r 4 IF i P • •1 a Sae" . • 1 • • : _ 'T t ; ' . - ; J . I f + i • • Jr i 11 .1 re ^ lbeig * i r '..; 4 V v � d� A9f2tS . II 41•3C e VS I . : Oa go kil at 0 es MI 5 riii ' - ri si Ishii Wit ! i i ! .1°4 . . . • • I. s Weld County and State of Colorado Tavern Liquor Licenses for El Caporal Night Club, Inc., dba El Caporal Night Club were picked up in person by Ruben Chavez Saenz on May 29, 2012. Ruben Chavez Saenz Witnessed by t>-,1 , Deputy Clerk to the Board Hello