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Home My WebLink About20123463.tiffRESOLUTION RE: RECONSIDER SUBMITTAL OF ADDITIONAL EVIDENCE, UPHOLD APPROVAL OF APPLICATION FOR HOTEL AND RESTAURANT LIQUOR LICENSE, AND AUTHORIZE CHAIR TO SIGN - LONGMONT SPORTS ACADEMY, LLC, DBA LONGMONT SPORTS ACADEMY 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 application of Longmont Sports Academy, LLC, dba Longmont Sports Academy, 1725 Vista View Drive, Longmont, Colorado 80504, for a Hotel and Restaurant Liquor License, came on for hearing on the 8th day of October, 2012, at 9:00 a.m., and the Board of County Commissioners of Weld County, Colorado, having considered the testimony, evidence and remonstrances filed with said Board, and having carefully weighed the same, made 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, and WHEREAS, due to the Findings of the Board of County Commissioners in this matter as stated herein, the Board deemed it advisable to approve the application of Longmont Sports Academy, LLC, dba Longmont Sports Academy, for a Hotel and Restaurant Liquor License for the sale of malt, vinous, and spirituous liquors, for consumption by the drink on the premises only, and WHEREAS, subsequent to approval by the Board, and contrary to written testimony submitted by the applicant on the Individual History Report, the Colorado Bureau of Investigation (CBI) provided a report indicating past arrest records for one of the applicants, a copy of which is attached hereto and incorporated herein by reference, and WHEREAS, after review, the Board deems it advisable to uphold approval of the application for a Hotel and Restaurant Liquor License for Longmont Sports Academy, LLC, dba Longmont Sports Academy. NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Weld County, Colorado, having examined said application and subsequent oral and written testimony, the qualifications of the applicant, and the testimony of those present at the hearing, does hereby uphold a decision to grant License Number 2012-22 to said applicant to sell malt, vinous, and spirituous liquors for consumption by the drink on the premises only, attested to by the Clerk to the Board of Weld County, Colorado, which license shall be in effect until November 14, 2012, 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. CL'. St; 1-PPL 2012-3463 LC0053 RECONSIDER HOTEL AND RESTAURANT LIQUOR LICENSE - LONGMONT SPORTS ACADEMY PAGE 2 BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said license. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of December, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Weld County Clerk to the BY: D AYE Sean P. C'ar ' _:air NAY Will : m F. Garcia, Pro-T,em a Kirkmeyer (NJ David E. Long C- ounty'Attorney A (AYE) Doug' s Rademach r F k a-tyr— (AYE) (AYE) Date of signature: _ C}'( 2012-3463 LC0053 THIS LICENSE MUST BE POSTED IN PUBLIC VIEW DR 8402 (07/01/2012) STATE OF COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1881 Pierce Street, Suite 108 Lakewood, Colorado 80214 LONGMONT SPORTS ACADEMY LLC dba LONGMONT SPORTS ACADEMY 1725 VISTA VIEW DR UNITS B, C &D LONGMONT CO 80504 ALCOHOL BEVERAGE LICENSE Liquor License Number 4700429 License Expires at Midnight November 14, 2013 License Type HOTEL & RESTAURANT (COUNTY) Authorized Beverages MALT, VINOUS, AND SPIRITUOUS This license is issued subject to the laws of the State of Colorado and especially under the provisions of Title 12, Articles 46 or 47, CRS 1973, as amended. This license is nontransferable and shall be conspicuously posted in the place above described. This license is only valid through the expiration date shown above. Any questions concerning this license should be addressed to: Colorado Liquor Enforcement Division, 1881 Pierce Street, Suite 108, Lakewood, CO 80214. In testimony whereof, I have hereunto set my hand. 11/15/12 RLE Division Director Executive Director . �� Irene Fee $175.00 I 1 J r ' ._. 'r p FOR A HOTEL AND RESTAURANT LIQUOR LICENSE TO SELL AT RETAIL MALT, VINOUS, AND SPIRITUOUS LIQUOR is to Certify, that Longmont Sports Academy, LLC, dba Longmont Sports Academy, of the State of Colorado, baring ied for a License to sell malt, vinous, and spirituous liquors, and having paid to the County Treasurer the sum of One hundred my -five and 00/100 ($175.00) Dollars therefore, the above applicant is hereby licensed to sell malt, vinous, and spirituous ns containing more than 3.2% Alcohol by weight, by the drink for consumption on the premises, as a Hotel and Restaurant ie address of 1725 Vista View Drive, Units B, C, and D, Longmont, Colorado 80504, in the County of Weld, State of ,rado, for a period beginning on the 20th day of November, 2012, and ending on the 14th day of November, 2013, unless this nse is revoked sooner as provided by law. license is issued subject to the Laws of the State of Colorado and especially under the provisions of Article 47 of Title 12, rado Revised Statues, as amended. TESTIMONY WHEREOF, the Board of County C • ' .em has hereunto subscribed its name by its officers duly taof Octob r, 2� 2?. ■ ) f !. license Number 2012-22 STATE OF COLORADO )`f|2i \;z,lu ae.n; k 0 \ tz O 0 Weld County and State of Colorado Tavern Liquor Licenses for Longmont Sports Academy, LLC dba Longmont Sports Academy were picked up in person by James Cardenas on December 7, 2012. ames Cardenas Witnessed by Deputy Clerk to the Board DR 8404-I (07125%11) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1881 PIERCE STREET RM 108A DENVER CO 80261 INDIVIDUAL HISTORY RECORD To be completed by the following persons, as applicable: sole proprietors; general partners regardless of percentage ownership, and limited partners owning 10% or more of the partnership; all principal officers of a corporation, all directors of a corporation. and any stockholder of a corporation owning 10% or more of the outstanding stock; managing members or officers of a limited liability company, and members owning 10% or more of the company, and any intended registered manager of Hotel and Restaurant or Tavern class of retail license. NOTICE: This individual history record requires information that is necessary for the licensing investigation or inquiry. All questions must be answered in their entirety or the license application may be delayed or denied. If a question is not applicable, please indicate so by "N/A". Any deliberate misrepresentation or material omission may jeopardize the license application. 1. Name of Business Longmont Sports Academy LLC 2. Your Full Name (last. first. middle) Cardenas, James Adam 3. List any other names you have used. Jim 4. Mailing address (if different from residence) 5. List current residence address. Include any previous addresses within the last five years (attach separate sheet if necessary). STREET AND NUMBER CITY, STATE, ZIP FROM TO Current 1813 Sunlight Dr. Longmont, CO 80504 2002 Present Previous 6. List all employment within the last five years. Include any self employment. (Attach separate sheet if necessary) NAME OF EMPLOYER OR BUSINESS ADDRESS (STREET, NUMBER, CITY, STATE, ZIP) POSITION HELD FROM 1 TO Premier Cleaning Services 1813 Sunlight Dr., Longmont, CO 80504 President 1993 Present 7. List the names) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry. NAME OF RELATIVE RELATIONSHIP TO YOU POSITION HELD NAME OF LICENSEE None 8. Have you ever applied for. held, or had an interest in a Colorado Liquor or Beer License. or loaned money. furniture, fixtures. equipment or inventory to any licensee? If yes, answer in detail. Yes lr No 9. Have you ever received a violation notice. suspension, or revocation for a liquor law violation, or have you applied for or been denied a liquor or beer license anywhere in the United States? If yes. explain in detail. ❑ Yes ✓ No 10. Have you ever been convicted of a crime or received a suspended or do you have any charges pending? (It yes. explain in detail.) It Yes •.- • I No 1989 Longmont, 3rd Degree Assault, Deferred Sentence' sentence. deferred sentence. or forfeited bail for 1999 Longmont Tresspass/Menacing`Deferred_Sentence: Violence, O16-1 Loh/m-e* ,•- any offense in criminal or military court and 1 .g9L_Larigniant. _ jar meet, Domestj_g_ u -'ik ft err rd..t r 11. Are you currently under probation (supervised or unsupervised). parole, or completing the requirements of a deferred sentence? (it yes. explain in detail.) ` Yes ✓ No 12. Have you ever had any professional license suspended. revoked, or denied? If yes. explain in detail.) Yes I✓ No PERSONAL AND FINANCIAL INFORMATION Unless otherwise provided by law. the personal information required in question #13 will be treated as confidential. The personal information required in question #13 is solely for identification purposes. 13a. Dale of Birth b. Social Security Number SSN : c. Place of Birth d. U S. Citizen Longmont, Colorado ✓'Yes No e. If Naturalized. State where _ f. When g. Name of District Court Card Number h. Naturalization Certificate Number i i. Date of Certification j. It an Alien, Give Alien's Registration Card Number j k. Permanent Residence I I. Height m. Weight 5' - 10" . 200 n. Hair Color Blk o. Eye Color: p. Sex i Brn . M q. Race • r. Do you have a current Driver's License? If so. give number Hispanic 1/ Yes • I No and slate r corporation. 14. Financial Information. a. Total purchase price $ N/A . ____.___._(d buying $ 5,000.00 cash flow an existing business) or from existing operations investment being made by the applying entity. partnership. limited liability company, other b. List the total amount of stock purchases or fees paid your investment in this business including $ None any notes, loans. cash, services or equipment. operating capital. c. Provide details of the Investment described in 14.b. You must account for alt of the sources of this investment. Attach a separate sheet if needed. Type: Cash, Services or Equipment Source Amount N/A d. Loan Information (attach copies of all notes or loans) Name of Lender Address Term Security Amount F.INVA .—� Oath of Applicant I dertare under penalty of perjury that this application and all attachments are true, correct, and complete to the best of my knowledge. T Authorized Signature i,/i •. Title ___ Member/Manager Date 12/4/2012 20121120-11281.txt DATE 11/20/2012 SO WELD COUNTY RECORDS GREELEY 1950 "0" STREET GREELEY, CO 80631 RE: CARDENAS,JAMES ADAM SOC: XXX-XX- DATE OF BIRTH: The Colorado arrest record for the person noted to follow. 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 ATTN: SO WELD COUNTY RECORDS GREELEY COLORADO BUREAU OF INVESTIGATION - IDENTIFICATION UNIT 690 KIPLING STREET,SUITE #3000, DENVER, COLORADO 80215 (303)239-4208 THIS IDENTIFICATION RECORD IS FOR LAWFUL USE ONLY AND SUMMARIZES INFORMATION SENT TO THE COLORADO BUREAU OF INVESTIGATION FROM FINGERPRINT CONTRIBUTORS IN THE STATE OF COLORADO. UNLESS FINGERPRINTS ACCOMPANIED YOUR INQUIRY, THE COLORADO BUREAU OF INVESTIGATION CAN NOT GUARANTEE THIS RECORD RELATES TO THE PERSON IN WHOM YOU HAVE AN INTEREST. IF THE DISPOSITION IS NOT SHOWN OR FURTHER EXPLANATION OF AN ARREST CHARGE OR DISPOSITION IS DESIRED, THAT INFORMATION MAY BE OBTAINED FROM THE AGENCY WHO FURNISHED THE ARREST INFORMATION. Page 1 2012-3463 20121120-11281.txt ONLY THE COURT OF JURISDICTION OR THE RESPECTIVE DISTRICT ATTORNEY'S OFFICE WHEREIN THE FINAL DISPOSITION OCCURRED CAN PROVIDE A CERTIFIED COPY TO ANY SPECIFIC DISPOSITION. STATE LAW GOVERNS ACCESS TO SEALED RECORDS. BECAUSE ADDITIONS AND DELETIONS TO A CRIMINAL HISTORY RECORD MAY BE MADE AT ANY GIVEN TIME, A NEW INQUIRY SHOULD BE REQUESTED WHEN NEEDED FOR SUBSEQUENT USE. *************************** NAME(S) USED: PHYSICAL: DATE(S) OF BIRTH: PLACE(S) OF BIRTH: SCARS/MARKS: IDENTIFICATION CARDENAS, JAMES ADAM *************************** SEX: M RACE: W HGT: 511 WGT: 154 EYE: BRO HAIR: BRO SKN: CO SC BUTTK ************************** ARREST DATE ARRESTED AGENCY ARREST NUMBER NAME USED CHARGE CHARGE LITERAL OFFENSE DATE ARREST DATE ARRESTED AGENCY ARREST NUMBER NAME USED CHARGE CHARGE LITERAL OFFENSE DATE ARREST DATE ARRESTED AGENCY ARREST NUMBER NAME USED CHARGE CHARGE LITERAL TYPE/LEVEL CHARGE CHARGE LITERAL ARREST DATE ARRESTED AGENCY ARREST NUMBER CRIMINAL HISTORY Cycle 001 ************************** 04/03/1988 LONGMONT PUBLIC SAFETY C00017660 CARDENAS, JAMES ADAM 01 ASSAULT 3RD DEG 04/02/1988 Cycle 002 10/12/1989 LONGMONT PUBLIC SAFETY B0000744 CARDENAS, JAMES ADAM 01 ASSAULT 3RD DEG 10/12/1989 Cycle 003 07/19/1996 LONGMONT PUBLIC SAFETY A0073509 CARDENAS, JAMES ADAM 01 ASSAULT 3RD DEG MISDEMEANOR 02 CRUELTY TOWARD CHILD Cycle 004 08/09/1999 LONGMONT PUBLIC SAFETY A0112415 Page 2 NAME USED CHARGE CHARGE LITERAL TYPE/LEVEL OFFENSE DATE CHARGE CHARGE LITERAL TYPE/LEVEL OFFENSE DATE COURT CHARGE CHARGE LITERAL OFFENSE DATE DOCKET COURT DISPOSITION DISPOSITION DATE CHARGE CHARGE LITERAL DOCKET COURT DISPOSITION DISPOSITION DATE SENTENCE CHARGE CHARGE LITERAL OFFENSE DATE DOCKET COURT DISPOSITION DISPOSITION DATE SENTENCE 20121120-11281.txt CARDENAS, JAMES ADAM 01 BURGLARY 1ST DEG FELONY 08/09/1999 02 ASSAULT MENACING MISDEMEANOR 08/09/1999 01 TRESPASSING TRESPASS 1 -DWELLING 08/09/1999 D0071999CR001525 DISMISSED BY DA 10/15/1999 02 ASSAULT MENACING D0071999CR001525 DEFERRED SENTENCE 10/15/1999 60.00 $ VICTIM COMPENSATION 60.00 $ VICTIM ASSISTANCE 18.00 $ COURT CO 03 TRESPASSING SECOND DEGREE CRIMINAL TRESPASS 08/09/1999 D0071999CR001525 DEFERRED SENTENCE 10/15/1999 12.00 M DEFERRED SENTENCE-UNSUPERVIS ED *CRIMINAL JUSTICE AGENCIES MAY NOT HAVE PROVIDED ALL ARRESTS, *CHARGES OR DISPOSITIONS TO THE CBI. THIS RECORD SHOWS ALL *ARRESTS, CHARGES & DISPOSITIONS THAT WERE PROVIDED, UNLESS *ACCESS TO THEM HAS BEEN LIMITED BY COURT ORDER. *FALSIFYING OR ALTERING THIS RECORD WITH THE INTENT TO MISREPRESENT* *THE CONTENTS OF THE RECORD IS PROHIBITED BY LAW, AND MAY BE * *PUNISHABLE AS A FELONY WHEN DONE WITH THE INTENT TO INJURE OR * *DEFRAUD ANY PERSON. * ---- END OF RECORD MEETING DISSEMINATION CRITERIA ---- 11/20/2012 10:10MT Page 3 * * * * Esther Gesick From: Sent: To: Cc: Subject: Bard, Esther Gesick Friday, November 30, 2012 12:09 PM Brad Yatabe 'Eaton, Robin' RE: Longmont Sports Academy, James Cardenas I did copy Robin Eaton with the State office at the same time if forwarded the CBI report to you and Mr. Beimford. By copy of this message I will notify Robin of your summary below, as well as the Board's final determination and any updated documents we may receive. Esther E. Gesick Deputy Clerk to the Board/Office Manager 1150 O Street( P.O. Box 758(Greeley, CO 80632 tel: (970) 336-7215 X4226 c 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: Brad Yatabe Sent: Friday, November 30, 2012 11:17 AM To: Esther Gesick Subject: Longmont Sports Academy, James Cardenas Esther, Does the State also need to be informed of the results of the CBI report and the omission of such information on the DR - 8404 -I Individual History Record? Mr. Cardenas' background turns out to be: 1988 case 88M734, guilty plea third degree assault, deferred sentence successfully completed resulting in no conviction 1989 case 89M2556, guilty plea harassment (class 3 misdemeanor) 1996 case 96M2771, guilty plea harassment pursuant to 18-9-111(1)(a) strike, shove, kick, with a domestic violence tag 1999 case 99CR1525, guilty plea to misdemeanor menacing and trespass (trespass may be a petty), deferred sentence successfully completed resulting in no conviction None of these are listed on the Individual History Record even though it clearly asks for criminal convictions or deferred sentences and is signed under penalty of perjury by Mr. Cardenas. Thanks. 1 Brad Yatabe Assistant Weld County Attorney 1150 O Street Mailing Address: P.O. Box 758, Greeley, CO 80632 tel: (970) 356-4000 ext. 4396 fax: (970) 352-0242 as STATEMENT OF CONFIDENTIALITY & DISCLAIMER: The information contained in this email message is attorney privileged and confidential, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this email is strictly prohibited. If you have received this email in error, please notify us immediately by replying and delete the message. 2 Jonathan P. Dielz 554 Abbey Drive Longmont, CO 80504 303/684-9411 Thursday, June 07, 2012 To Whom It May Concern: Mr. Jim Cardenas has requested me to write a letter of reference for him. I have know Mr. Cardenas for about the past 6 or 7 years and I have found him to be one of the most hard working and dedicated people both with family and work I have ever met. I have seen him work with the kids in the community on different sports teams as well as working at a few of his business in town. With all that said, I have worked for IBM for the past 23 years in a number of Senior Leadership roles and I wish I had a just a few people with the work ethics and personal characteristics of someone like Mr. Cardenas. You can not go wrong with this guy! Regards, y Jonathan P. Diet June 6, 2012 To whom it may concern, I am writing this letter of recommendation for James Cardenas (Jim). I have known Jim on personal and professional level for over seven years. Some traits that best describe Jim are: Hardworking, Honest, Trustworthy, Dedicated, Team Oriented, Professional, Organized, and Responsible. I have been professionally associated with Jim and Premier Cleaning in many different jobs for my Company. Each and every time Jim's Company has proven itself to be a professional organization without a doubt. Customer Service is imperative to Jim, and it shows through his peoples' attention to detail, and their professionalism in dealing with each customer. Satisfaction from his customers is Jim's number one priority when working a job. Jim is very patient and listens well to what his clients want on any given job. Jim's integrity and character are above reproach. I, without a doubt, recommend Jim for any job he is qualified to perform. Sincerely, iki\ \L fl Mark S. Gallegos Director of Area Operations for Bodan Inc. (dba Wendy's) mgallegos(�bodaninc.com 720.308.6802 Deborah Duran 2351 Tyrrhenian Drive Longmont, CO 80504 May 10, 2012 RE: Jim Cardenas Longmont Sports Academy To Whom it May Concern: I understand Jim Cardenas is applying for a liquor license and I would like to give a character reference for him. It is with great pleasure that I recommend Jim Cardenas. I have known him for twenty- eight years. Jim has always displayed a high degree of integrity, responsibility, and ambition. He is definitely a leader in the community as well as a very caring individual. In addition to his excellent work ethic, he has proven his leadership ability by organizing several community sporting events and leagues in Longmont to provide both young people and adults an opportunity to compete and learn good sportsmanship. Jim also has good judgment and displays a mature outlook to ensure a logical and practical approach to his endeavors. I am happy to give him my endorsement. Sincerely, Deborah S. Duran Human Resources Sr. Director ProBuild Westlaw. C.R.S.A. § 12-47-307 C West's Colorado Revised Statutes Annotated Currentness Title 12. Professions and Occupations (Refs & Annos) General --(Continued) "IS Article 47. Alcohol Beverages (Refs & Annos) cid Part 3. State and Local Licensing (Refs & Annos) § 12-47-307. Persons prohibited as licensees (1)(a) No license provided by this article or article 46 or 48 of this title shall be issued to or held by: (I) Any person until the annual fee therefor has been paid; (II) Any person who is not of good moral character; Page 1 (III) Any corporation, any of whose officers, directors, or stockholders holding ten percent or more of the outstanding and issued capital stock thereof are not of good moral character; (IV) Any partnership, association, or company, any of whose officers, or any of whose members holding ten percent or more interest therein, are not of good moral character; (V) Any person employing, assisted by, or financed in whole or in part by any other person who is not of good character and reputation satisfactory to the respective licensing authorities; (VI) Any person unless such person's character, record, and reputation are satisfactory to the respective licensing authority; (VII) Any natural person under twenty-one years of age. (b)(I) In making a determination as to character or when considering the conviction of a crime, a licensing authority shall be governed by the provisions of section 24-5-101, C.R.S. (II) With respect to arts or club license applications, an investigation of the character of the president or chair of the board and the operational manager shall be deemed sufficient to determine whether to issue the arts or club license to the applicant. (2) No license provided by this article shall be issued to or held by any peace officer, or the state licensing authority, or any of its inspectors or employees. (3)(a) In investigating the qualifications of the applicant or a licensee, the local licensing authority may have access to criminal history record information furnished by a criminal justice agency subject to any restrictions imposed by such agency. In the event the local licensing authority takes into consideration information concerning the applicant's criminal history record, the local licensing authority shall also consider any information provided by the applicant regarding such criminal history record, including but not limited to evidence of rehabilitation, character references, © 2012 Thomson Reuters. No Claim to Orig. US Gov. Works. C.R.S.A. § 12-47-307 Page 2 and educational achievements, especially those items pertaining to the period of time between the applicant's last criminal conviction and the consideration of the application for a license. (b) As used in paragraph (a) of this subsection (3), "criminal justice agency" means any federal, state, or municipal court or any govemmental agency or subunit of such agency that performs the administration of criminal justice pursuant to a statute or executive order and that allocates a substantial part of its annual budget to the administration of criminal justice. (c) At the time of the application for a license, the applicant shall submit fingerprints and file personal history in- formation concerning the applicant's qualifications for a license on forms prepared by the state licensing authority. The state and local licensing authorities shall submit such fingerprints to the Colorado bureau of investigation for the purpose of conducting fingerprints -based criminal history record checks. The Colorado bureau of investigation shall forward the fingerprints to the federal bureau of investigation for the purpose of conducting fingerprints -based criminal history record checks. An applicant who has previously submitted fingerprints for alcohol beverage licensing purposes may request that the fingerprints on file be used. The licensing authorities shall use the information resulting from the fingerprints -based criminal history record check to investigate and to determine if an applicant is qualified for a license pursuant to this article and article 46 of this title. The licensing authority shall not be prohibited from veri- fying any of the information required to be submitted by an applicant pursuant to this section. An applicant shall not be required to submit additional information beyond that required in this subsection (3) unless the licensing authority has determined any of the following: (I) The applicant has misrepresented a material fact; (II) The applicant has an established criminal history record; (III) A prior criminal or administrative proceeding determined that the applicant violated alcohol beverage laws; (IV) The information submitted by an applicant is incomplete; or (V) The character, record, or reputation of the applicant, his or her agent, or his or her principal is such that a potential violation of this article or article 46 of this title may occur if a license is issued to the applicant. CREDIT(S) Amended and relocated by Laws 1997, H.B.97-1076, § 3, eff. July I, 1997. Amended by Laws 1999, Ch. 32, § I, eff. Sept. 30, 1999 Laws 2002, Ch. 11, § 2, eff Aug. 7, 2002 Laws 2003, Ch. 242, § 75, eff. Aug. 6, 2003. Laws 2003, Ch. 36, § 1, eff. March 13, 2003. Laws 2003, Ch. 242, § 75, eff. Aug. 6, 2003. HISTORICAL AND STATUTORY NOTES Laws 1999, Ch. 32, § 1, redesignated former par. (l)(b) as subpar. (I)(b)(I), and added subpar. (1)(b)(II). Laws 2002, Ch. 11, § 2 added par. (3)(c). Laws 2003, Ch. 36, § 1 rewrote subpar. (1)(b)(II), which prior thereto read: "With respect to club license applications, by corporations only, an investigation of the character of the corporate president and the club manager shall be deemed sufficient to determine whether to issue the club license to the cor- poration." © 2012 Thomson Reuters. No Claim to Orig. US Gov. Works. C.R.S.A.§ 12-47-307 Page 3 Laws 2003, Ch. 242, § 75 in subsec. (2) substituted "peace officer" for "sheriff, deputy sheriff, police officer, or prosecuting officer". Derivation: Laws 1935, H.B.192, § 1 et seq. C.R.S.1963, § 75-2-1 et seq. Laws 1976, S.B.65, § 1. Laws 1977, H.B.1101, § 13. Laws 1977, H.B.1367, § 1. Laws 1984, H.B.1168, § 1. Laws 1984, S.B.112, § 14. C.R.S.A., § 12 -47 -III. CROSS REFERENCES Corporate and limited liability company applicants, fingerprint analysis and background investigations, charges for costs, Local licensing authority, see § 12-47-505. State licensing authority, see § 12-47-501. Fermented malt beverages, manufacturers', wholesalers', and retailers' licenses, see § 12-46-104. LIBRARY REFERENCES Intoxicating Liuuorst 58. Westlaw Topic No. 223. C.J.S. Intoxicating Liquors §§ 146 to 148. RESEARCH REFERENCES Treatises and Practice Aids IC Colorado Practice Series § 54:13, Liquor and Beer Licenses --Restrictions on Licensees. NOTES OF DECISIONS Actions and proceedings generally 10 Character 3 Criminal convictions 6 Determination of distance, schools 8 © 2012 Thomson Reuters. No Claim to Orig. US Gov. Works. C.R.S.A. § 12-47-307 Page 4 Fees 2 Records of licensees 4 Review 9 Schools 7-8 Schools - In general 7 Schools - Determination of distance 8 Tax returns 5 Validity I 1. Validity Statute providing that no liquor license shall be issued to or held by any person unless he is with respect to his char- acter, record, and reputation satisfactory to the respective licensing authority is not unconstitutionally vague. Mr. Lucky's, Inc. v. Dolan, 1979, 591 P.2d 1021, 197 Colo. 195. Intoxicating Liquors €15 2. Fees Under statute authorizing county commissioners to refuse liquor licenses for good cause, license held not mere inci- dent to payment of license fee, nor in nature of mere receipt therefor, as regards commissioners' discretion (Laws 1935, p. 611, § 9). Van De Vegt v. Board of Com'rs of Larimer County, 1936, 55 P.2d 703, 98 Colo. 161. intoxicating Liquors X69 3. Character City liquor and beer licensing board did not exceed its jurisdiction or abuse its discretion when it denied application for transfer of hotel and restaurant liquor license; applicant's owner had record of repeatedly violating Liquor Code, and applicant's violations included selling liquor to minors, failing to report change in management, and selling liquor without license, and thus, record contained evidence that supported board's determination that applicant's owner was unable to conduct her business according to the law, based on her history of past violations of Liquor Code. Javhawk Cafe v. Colorado Springs Liquor and Beer Licensing Bd., App.2006, 165 P.3d 821, rehearing denied, certiorari denied 2007 WL 2410849, certiorari denied 128 S.Ct. 1749, 552 U.S. 1297, 170 L.Ed.2d 541. Intoxicating Liquors C=%' 103(2) Evidence that principals of corporate liquor licensee made false statements and misrepresented ownership of corpo- ration on license application for three years and failed to comply with stipulation requiring divestiture by one principal was sufficient to support finding by municipal licensing authority that principals were not persons of good moral character, as basis for refusal to renew license. Duren, Inc. v. City of Lakewood, App.1985, 709 P.2d 74. Intoxicating Liquors €--'102 4. Records of licensees Portion of statute which permits suspension of liquor license because of"record" of licensee points out to licensee that his past experience and conduct will be among factors used by licensing authority in determining his right to continue in business; word "record" includes violations of statutory law. Mr. Lucky's, Inc. v. Dolan, 1979, 591 P.2d 1021, 197 Colo. 195. Intoxicating Liquors €='l06(2); Intoxicating Liquors €'106(4) 5. Tax returns Department of Revenue did not abuse its discretion in suspending liquor license for ten-day period for failure to file © 2012 Thomson Reuters. No Claim to Orig. US Gov. Works. C.R.S.A. § 12-47-307 Page 5 corporate income tax return within deadline set by licensee's second extension. Mr. Lucky's, Inc. v. Dolan, 1979, 591 P.2d 1021, 197 Colo. 195. Intoxicating Liquors 108.9 6. Criminal convictions Applicant's conviction of offense of "driving while ability is impaired," which is misdemeanor and not crime of moral turpitude, could not be basis for board of county commissioners' denial of retail liquor store license. Hartman v. Wadlow, App.1975, 545 P.2d 735, 37 Colo.App. 90, affirmed 551 P.2d 201, 191 Colo. 196. Intoxicating Liquors 69 The plea of nolo contendere, while effective for sentence in the case where entered, is not otherwise or elsewhere conclusive, and thus the entry of such a plea on charge of liquor violation could not serve as basis for revocation of license by state licensing authority on theory that a conviction of the licensee for a liquor law violation had occurred. Bruce v. Leo, 1954, 267 P.2d 1014, 129 Colo. 129. Criminal Law X275.2; Intoxicating Liquors €106(4); Sentencing And Punishment X401 7. Schools --In general Where direct pedestrian access from university campus to site of proposed liquor outlet was less than 500 feet, outlet was in fact and law inside the prohibited footage; transfer of license to such site was unlawful and state liquor au- thority's approval of transfer upon construction of fence in such manner as to provide a pedestrian traffic route totaling 501 feet was improper. Moschetti v. Liquor Licensing Authority of City of Boulder, 1971, 490 P.2d 299, 176 Colo. 281. Intoxicating Liquors t'103(2) Where applicant's drug store liquor license was located within 500 feet of nearest property line of a public elementary school prior to his application for a transfer, and new location even though a further distance from a public school would still be within 500 feet of the school, but state statute proscribed issuance of a license where liquor is sold or to be sold by the drink within 500 feet of a school, and further provided that drug stores should be licensed to sell liquors only in sealed containers not to be consumed at the place where sold, applicant was entitled to a transfer of his license even if such transfer was in violation of Municipal Code providing that it is unlawful to sell liquor within 500 feet from any school. Geer v. Rabinoff, 1958, 328 P.2d 375, 138 Colo. 8. Intoxicating Liquors X104 County commissioners' refusal to issue liquor license for drugstore 700 feet outside city limits, where there was no other liquor dispensary within 12 miles, held not capricious or arbitrary under evidence as to proximity to state college and city's local option election resulting in large majority against sale of liquor (Laws 1935, pp. 597, 609, 611, 621, 631, §§ 1-3, 8(b), 9, 18-A, 27). Van De Vegt v. Board of Cort rs of Larimer County, 1936, 55 P.2d 703, 98 Colo. 161. Intoxicating Liquors €—'69 Section 12-47-138(1)(d)(I) does not prohibit applications for multiple hotel/restaurant liquor licenses on existing liquor -licensed premises which are within 500 feet of the principal campus of a college or university and are on land owned by the state. Such multiple licensing is also not prohibited by § 12-47-1 1 1(2). Of course, this assumes that there exists a valid "licensed premises" on land owned by the state and that the issuance of multiple liquor licenses is oth- erwise consistent with the provisions of the Colorado Liquor Code. AG File No. CLS/AGAGE/CW August 7, 1981. 8. ---- Determination of distance, schools The 500 -foot limitation on distance between building in which liquor is sold and land used for school purposes is to be computed by direct measurement from nearest property line on land used for school purposes to nearest portion of building in which liquor is sold, using a route of direct pedestrian access, and local liquor authority's construction that O 2012 Thomson Reuters. No Claim to Orig. US Gov. Works. C.R.S.A. § 12-47-307 Page 6 measurement should be made from nearest "gate -way" into university campus was incorrect. Moschetti v. Liquor Licensing Authority of City of Boulder, 1971, 490 P.2d 299, 176 Colo. 281. Intoxicating Liquors X59(2) Liquor license could not be refused on ground that licensed premises lay within 500 feet of a school where, in order to bring the "location" of the license within the 500 foot area, it would be necessary to include as a part of the said "location" the parking facilities provided for customers of an adjoining bowling alley and restaurant. Harvey v. Schooley, 1963, 382 P.2d 189, 152 Colo. 384. Intoxicating Liquors €59(2) 9. Review A liquor licensing board which revokes or suspends a license under statute requiring licensee's "character, record, and reputation" be satisfactory to licensing authority is subject to judicial review for abuse of discretion. Mr. Lucky's, Inc. v. Dolan, 1979, 591 P.2d 1021, 197 Colo. 195. Intoxicating Liquors €108.10(6) 10. Actions and proceedings generally City liquor and beer licensing board did not exceed its jurisdiction or abuse its discretion by considering matters not reflected in amended notice, in proceeding in which board denied applicant's application for transfer of hotel and restaurant liquor license; amended notice listed owner's failure to disclose several liquor code violations as reasons for denial, applicant was on notice that owner's past history, or "record," would be at issue and had ample opportunity to prepare for hearing, and amended notice did not limit hearing to applicant's failure to disclose violations. Jayhawk Cafe v. Colorado Springs Liquor and Beer Licensing Bd., App.2006, 165 P.3d 821, rehearing denied, certiorari denied 2007 WL 2410849, certiorari denied 128 S.Ct. 1749, 552 U.S. 1297, 170 L.Ed.2d 541. Intoxicating Liquors 103(4) C. R. S. A. § 12-47-307, CO ST § 12-47-307 Current through the Second Regular Session and First Extraordinary Session of the 68th General Assembly (2012) (C) 2012 Thomson Reuters. No Claim to Orig. US Gov. Works. END OF DOCUMENT O 2012 Thomson Reuters. No Claim to Orig. US Gov. Works. Westlaw.. C.R.S.A. § 24-5-101 P West's Colorado Revised Statutes Annotated Currentness Title 24. Government --State 'Id Administration 'I Article 5. Public Employment --Eligibility § 24-5-101. Effect of criminal conviction on employment rights Page 1 (1)(a) Except as otherwise provided in paragraph (b) of this subsection (1), the fact that a person has been convicted of a felony or other offense involving moral turpitude shall not, in and of itself, prevent the person from applying for and obtaining public employment or from applying for and receiving a license, certification, permit, or registration re- quired by the laws of this state to follow any business, occupation, or profession. (b) This subsection (1) shall not apply to: (I) The offices and convictions described in section 4 of article XII of the state constitution; (II) The certification and revocation of certification of peace officers as provided in section 24-31-305; (III) The employment of personnel in positions involving direct contact with vulnerable persons as specified in section 27 -90 -III, C.R.S.; (IV) The licensure or authorization of educators prohibited pursuant to section 22-60.5-107(2), (2.5), or (2.6), C.R.S.; (V) The employment of persons in public or private correctional facilities pursuant to the provisions of sections 17-1-109.5 and 17-1-202( I )(a)(I) and (1.5), C.R.S., and the employment of persons in public or private juvenile fa- cilities pursuant to the provisions of sections 19-2-403.3 and 19-2-410(4), C.R.S.; (VI) The employment of persons by the public employees' retirement association created pursuant to section 24-51-201 who, upon the commencement of that employment, will have access to association investment information, association assets, or financial, demographic, or other information relating to association members or beneficiaries; and (VII) The employment of persons by the department of public safety. (2) Whenever any state or local agency is required to make a finding that an applicant for a license, certification, permit, or registration is a person of good moral character as a condition to the issuance thereof, the fact that such applicant has, at some time prior thereto, been convicted of a felony or other offense involving moral turpitude, and pertinent circumstances connected with such conviction, shall be given consideration in determining whether, in fact, the applicant is a person of good moral character at the time of the application. The intent of this section is to expand employment opportunities for persons who, notwithstanding that fact of conviction of an offense, have been rehabil- itated and are ready to accept the responsibilities of a law-abiding and productive member of society. (3)(a) Unless statute prohibits the employment of a person with a specific criminal conviction for a particular position, © 2012 Thomson Reuters. No Claim to Orig. US Gov. Works. C.R.S.A. § 24-5-101 Page 2 an agency shall not advertise the position with a statement that a person with a criminal record may not apply for the position or place on the application a statement that a person with a criminal record may not apply for the position. (b) The agency shall not perform a background check until the agency determines that an applicant is a finalist or makes a conditional offer of employment to the applicant. (c) If, after determining that an applicant is a finalist or after making a conditional offer of employment to an applicant, the agency determines that the applicant has been arrested or charged but not convicted of a criminal offense and the criminal case is not actively pending, the agency shall not use that information as a basis for not making an offer of employment or for withdrawing the conditional offer of employment. (d) If, after determining that an applicant is a finalist or after making a conditional offer of employment to an applicant, the agency determines that the applicant has had a criminal conviction expunged or sealed from his or her record, received a pardon, or that charges were dismissed pursuant to successfully completing a deferred judgment or sen- tence, the agency shall not use that information as a basis for not making an offer of employment or for withdrawing the conditional offer of employment unless, after reviewing the factors in subsection (4) of this section, the agency determines that the applicant should be disqualified for the position. (e) Nothing in this section prevents an agency from considering criminal history information that the applicant vol- untarily provides. (4) If, after determining that an applicant is a finalist or making a conditional offer of employment to an applicant, the agency determines that the applicant has been convicted of a crime, the agency shall consider the following factors when determining whether the conviction disqualifies the applicant for the position: (a) The nature of the conviction; (b) Whether there is a direct relationship between the conviction and the position's duties and responsibilities and the bearing, if any, the conviction may have on the applicant's fitness or ability to perform one or more such duties and responsibilities, including whether the conviction was for unlawful sexual behavior as listed in section 16-22-102(9) C.R.S. and whether the duties of employment would place a co-worker or the public in a vulnerable position; (c) Any information produced by the applicant or produced on his or her behalf regarding his or her rehabilitation and good conduct; and (d) The time that has elapsed since the conviction. (5) Notwithstanding any other provision of law to the contrary, the provisions of this section apply to the office of the governor. CREDIT(S) Amended by Laws 1990, H.B.90-1089, § I, eff. March 16, 1990- Laws 1992, H.B.92-1192, § 7, eff. March 6, 1992. Laws 1995, H.B.95-1212, § 37, eff. May 31, 1995 Laws 1999, Ch. 234, § 2, eff. July I, 1999; Laws 2003, Ch. 385, § 11, eff. June 5, 2003 Laws 2004, Ch. 65, § 5, eff. April 1, 2004• Laws 2006, Ch. 53, § 1, eff. Mar. 31, 2006- Laws 2010, Ch. 188, § 52, eff. April 29, 2010. Laws 201 I, Ch. 242, § 9, eff. Aug. 10, 2011 Laws 2012, Ch. 233, § I, eff. Aug. 8, 2012. HISTORICAL AND STATUTORY NOTES © 2012 Thomson Reuters. No Claim to Orig. US Gov. Works. C.R.S.A. § 24-5-101 Page 3 Laws 1999, Ch. 234, § 5, provides: "Effective date --applicability. This act shall take effect July 1, 1999, and sections 1 and 2 of this act shall apply to persons hired by or entering into new contracts with the department of human services on or after said date and shall apply to persons hired by or who have contracted with the department of human services prior to July 1, 1999, who commit disqualifying criminal offenses on or after said date." Derivation: C.R.S.1963,§ 39-25-101. Laws 1973, S.B.11, § I. CROSS REFERENCES Agriculture, Certified weighers, qualifications, see § 35-14-121. Weighers' licenses and certificates, denials, revocations or suspensions, see § 35-14-124.5. Asbestos control, disciplinary actions, see § 25-7-508. Bingo -raffle advisory board, member qualifications, see § 12-9-201. Director qualifications, powers and duties, see § 12-60-202. Emergency medical technicians, certification, see § 25-3.5-203. Landscape architects, Disciplinary actions, see § 12-45-112. Licensure application, see § 12-45-110. License, registration, or certification renewal, reinstatement, and endorsement, see § 24-34-102. Limited gaming, denial of license of applicant due to conviction of misdemeanor involving fraud or misrep- resentation, notwithstanding provisions of this section, see § 12-47.1-510. Mortgage brokers, Disciplinary actions, see § 12-61-905.5. Disciplinary hearings, see § 12-61-905.6. Nurse aides, discipline, see § 12-38.1-111. Real estate appraisers, disciplinary actions, see § 12-61-710. LAW REVIEW AND JOURNAL COMMENTARIES Crime and Punishment in the 1990s: Solution or Illusion? Michael L. Bender, 20 Colo.Law. 211 (1991). Decriminalization of Municipal Offenses in Colorado. Kurt G. Stiegelmeier, 19 Colo.Law. 1327 (1990). LIBRARY REFERENCES Convicts 1. Licenses€ 31. Officers and Public Employees€ 18. Westlaw Topic Nos. 98, 238, 283. C.J.S. Convicts §§ 2 to 3. C.J.S. Officers and Public Employees §§ 21 to 22. © 2012 Thomson Reuters. No Claim to Orig. US Gov. Works. C.R.S.A. § 24-5-101 Page 4 RESEARCH REFERENCES Treatises and Practice Aids 15 Colorado Practice Series § 15.47, Admissibility of Guilty Plea and Collateral Effects. UNITED STATES SUPREME COURT Methadone users, government refusal to employ, see New York City Transit Authority v. Beazer, U.S.N.Y. I 979, 99 S.Ct. 1355, 440 U.S. 568, 59 L.Ed.2d 587. NOTES OF DECISIONS Automobile sales licenses 2 Discharge 7 Massage parlor licenses 3 Moral turpitude I Physician licenses 4 Press cards 5 Rehabilitation 6 I. Moral turpitude Applicant's conviction of offense of"driving while ability is impaired," which is misdemeanor and not crime of moral turpitude, could not be basis for board of county commissioners' denial of retail liquor store license. Hartman v. Wadlow, App.1975, 545 P.2d 735, 37 Colo.App. 90, affirmed 551 P.2d 201, 191 Colo. 196. Intoxicating Liquors € 69 2. Automobile sales licenses Statute requiring denial of motor vehicle salesperson license to applicant who had twice been convicted of felony theft within the previous ten years did not irreconcilably conflict with ex -offenders' rights under statute providing that criminal conviction "shall not, in and of itself," prevent a person from applying for and receiving a business or pro- fessional license, and thus Motor Vehicle Dealer Board properly relied on former statute in denying license to ap- plicant; statute requiring denial of license was limited to specific felony convictions, and because such convictions served as a basis for delaying but not permanently denying license, the statute did not simply make a criminal con- viction, without more, the basis for denying a license, and the fact that statute requiring denial of license did not expressly cross-reference ex -offenders' rights statute did not mean that statutes conflicted. Smith v. Colorado Motor Vehicle Dealer Bd., App.2008, 200 P.3d 1115, rehearing denied. Licenses e=20; Statutes €'223.4 On application for a motor vehicle salesman's license, the dealer licensing board was entitled to consider the appli- cant's prior convictions in federal court of conspiracy to transport and sell stolen motor vehicles in interstate commerce and of selling stolen vehicles as evidence that applicant had indulged in a prior fraudulent business practice, and in light of underlying circumstances of those convictions, board acted within its statutory authority in denying the ap- plication. Beathune v. Colorado Dealer Licensing Bd., 1979, 601 P.2d 1386, 198 Colo. 483. Licenses €.,--20 Plaintiff, whose application for motor vehicle salesman's license had been denied by licensing board, who did not assert that his prior convictions in federal court of conspiracy to transport and sell stolen motor vehicles in interstate © 2012 Thomson Reuters. No Claim to Orig. US Gov. Works. C.R.S.A. § 24-5-101 Page 5 commerce and of selling stolen vehicles did not constitute "fraudulent business practice," nor that such term was vague or uncertain in describing his prior criminal acts, failed to overcome presumption of constitutionality of statute providing that motor vehicle salesman's license application may be denied if applicant has indulged in any "fraudulent business practice." Beathune v. Colorado Dealer Licensing Bd., 1979, 601 P.2d 1386, 198 Colo. 483. Licenses C--) 7(1) 3. Massage parlor licenses In making determination of whether applicants were entitled to massage parlor license, county board of commis- sioners was not restricted to inquiring into prior felony convictions in examining applicants' character, but could also consider evidence of sex acts and nudity in operation of massage parlors by applicants as establishing absence of good moral character. JRM, Inc. v. Board of County Com'rs of Adams County, 1980, 615 P.2d 3 I, 200 Colo. 384. Health C-1150 Statute governing licensing of massage parlors was not unconstitutionally vague for requiring applicant to be satis- factory with respect to "character," "reputation" and "record" where term "character" clearly included applicant's or his employees' propensities toward criminal conduct and criminal record, and term "record" clearly referred to criminal record of applicant or that of his employee when determining the "good character" of the employee. R & F Enterprises, Inc. v. Board of County Com'rs of Adams County, 1980, 606 P.2d 64, 199 Colo. 137. Health €'105 4. Physician licenses Prior felony conviction, standing by itself, is not sufficient to warrant denial or revocation of physician's license and pertinent circumstances must be considered to determine moral character of applicant or licensee; thus Board of Medical Examiners properly considered evidence of circumstances which led to conviction of physician, in deter- mining whether license to practice medicine should be revoked. Colorado State Bd. of Medical Examiners v. Jorgensen, 1979, 599 P.2d 869, 198 Colo. 275. Health €207 5. Press cards Due process rights of applicant for press card were not denied on ground that policy of city's safety manager to deny applications received from ex -offenders created an impermissible presumption against ex -offenders where manager stated that his office did not automatically deny an application received from an ex -offender but, rather, that such an application called for an investigation into applicant's rehabilitation and worthiness to obtain special press privileges. Watson v. Cronin, 1974, 384 F.Supp. 652. Constitutional Law X4291 First Amendment rights of applicant for press card were not violated where application was denied because of ap- plicant's criminal record and pending felony charge, applicant was in an executive position with his magazine, his major responsibilities were editorial and there was no showing that his personal journalistic work was hampered in any way by denial of the application. Watson v. Cronin, 1974, 384 F.Supp. 652. Constitutional Law €'2070; Municipal Corporations X617 6. Rehabilitation Real Estate Commission was not authorized to revoke license of real estate broker based solely on his attempted sexual assault on a child felony conviction, rather, Commission had to consider other factors, including the extent to which the broker had been rehabilitated. Colorado Real Estate Com'n v. Bartlett, App.2011, 272 P.3d 1099, certiorari denied 2012 WL 375871. Brokers 3 © 2012 Thomson Reuters. No Claim to Orig. US Gov. Works. C.R.S.A. § 24-5-101 Page 6 Real Estate Commission's revocation of real estate broker's license, after he was convicted of attempted sexual assault of a child, was supported by substantial evidence that broker had not been rehabilitated; although broker was involved in therapy and had committed no further crimes, he was still under intense supervision, and his failure to report the conviction immediately and his evasiveness under oath at the hearing cast doubt on his integrity. Colorado Real Estate Com'n v. Bartlett, App.2011, 272 P.3d 1099, certiorari denied 2012 WL 375871. Brokersc 3 Board of Pharmacy was not precluded from considering pertinent circumstances of applicant's felony crimes in de- termining whether to reinstate his pharmacy license, even though he had demonstrated rehabilitation; requiring mandatory reinstatement of license after applicant's felony conviction and rehabilitation would have led to absurd result of creating an advantage to applicants who were convicted of felony crimes over those who may have com- mitted the same conduct but were either not convicted or were instead convicted of a non -felony offense. Colorado State Bd. of Pharmacy v. Priem, App.2012, 272 P.3d 1136. Health' 224 Notwithstanding applicant's demonstration of rehabilitation following his felony convictions for stealing prescription drugs, substantial evidence supported Board of Pharmacy's decision to deny his application for reinstatement of his pharmacy licensure based on the pertinent circumstances surrounding his prior felony convictions, based on Board's concern that crimes were not unrelated to professional dispensing of prescription drugs; while working as a licensed pharmacist, applicant had stolen large quantities of drugs from employer pharmacies, and sold and gave away some of the drugs to recipients who did not possess prescriptions. Colorado State Bd. of Pharmacy v. Priem, App.2012, 272 P.3d 1136. Health* 224 Section of Administrative Procedure Act which obligates an agency to consider whether a person has been rehabili- tated has no applicability to the revocation of a psychologist's license; the section applies only to an individual's eli- gibility for public employment after being convicted of a crime. Davis v. State Bd. of Psychologist Examiners, App.1989, 791 P.2d 1198, certiorari denied. Healthy 218 7. Discharge City manager abused his discretion in discharging city employee because of his incest conviction; employee's work record was excellent, employee could be expected to perform technical aspects of his position in future, defendant was not publicly identified as connected with city during criminal proceedings, and other city employees, who had com- mitted similar offenses but were not convicted because they had asked to be placed in treatment programs similar to employee's program at early stage of their court proceedings, had not been discharged. Givan v. City of Colorado Springs, App.1993, 876 P.2d 27, certiorari granted , reversed 897 P.2d 753. Municipal Corporations X218(3) C. R. S. A. § 24-5-101, CO ST § 24-5-101 Current through the Second Regular Session and First Extraordinary Session of the 68th General Assembly (2012) (C) 2012 Thomson Reuters. No Claim to Orig. US Gov. Works. END OF DOCUMENT © 2012 Thomson Reuters. No Claim to Orig. US Gov. Works. Black's Law Dictionary, Seventh Edition moral turpitude. 1. Conduct that is contrary to justice, honesty, or morality. • In the area of legal ethics, offenses involving moral turpitude -- such as fraud or breach of trust — traditionally make a person unfit to practice law. -- Also termed moral depravity. 2. Military Law. Any conduct for which the applicable punishment is a dishonorable discharge or confinement not less than one year. "Moral turpitude means, in general, shameful wickedness — so extreme a departure from ordinary standards of honest, good morals, justice, or ethics as to be shocking to the moral sense of the community. It has also been defined as an act of baseness, vileness, or depravity in the private and social duties which one person owes to another, or to society in general, contrary to the accepted and customary rule of right and duty between people." 50 Am. Jur. 2d Libel and Slander § 165, at 454 (1995). Regulation 47-310. Application • General Provisions. A. All applications for state licenses for the manufacture or sale of alcohol beverages shall be made upon forms prescribed by the Department of Revenue, Liquor Enforcement Division. No application will be considered which is not complete in every material detail, nor which is not accompanied by a remittance in full for the whole amount of the annual state license fee, and eighty five percent of the local license fee. Each application for a new retail license shall contain a report of the local licensing authority of the town, city, county, or city and county, in which the applicant proposes to conduct its business, which report shall shown the opinion of the local licensing authority concerning the reasonable requirements of the neighborhood and the desires of the adult inhabitants with respect to the issuance of the license applied for and the character of a new applicant. B. If the applicant for a license is a partnership, except as between a husband and wife, it shall submit with the application a certificate of co -partnership. C. Upon request of any licensing authority, each applicant for license shall provide suitable additional evidence of its citizenship, residence, and good character and reputation, and also of the reasonable requirements and licensees shall also submit upon request of any licensing authority all required information concerning financial and management associations and interests of other persons in the business, and the deed, lease, contract, or other document governing the terms and conditions of occupancy of the premises licensed or proposed to be licensed. D. All information submitted to any licensing authority, by application for license or otherwise, shall be given fully, faithfully, truthfully and fairly. E. When a licensing authority is required to make a determination as to the character, record and reputation of existing licensees or applicants for new licenses, including transfers of ownership of existing licenses, the authority may consider the following factors, which may include but not be limited to the following: 1. Subject to 24-5-101, C.R.S., the applicant or licensee has knowingly submitted false applications, made willful misrepresentations and/or knowingly committed fraudulent acts; 2. The application or licensee has a criminal history of crimes of moral turpitude. By way of example, crimes of moral turpitude shall include but not be limited to, murder, burglary, robbery, arson, kidnapping, sexual assault, illegal drugs or narcotics convictions; 3. The applicant or licensee has had previous alcohol beverage licenses denied or revoked as a result of violations of law, resulting in a finding of bad moral character by any licensing authority; 4. The applicant or licensee has been found to be currently delinquent in the payment of any state or local taxes, and record of such tax delinquency has been filed in a court having jurisdiction, or has been made a public record by some other lawful means; 5. The applicant or licensee has an established pattern of multiple statutory violations which resulted in the revocation or denial of any other professional license, leading to the finding of bad moral character by any licensing authority. F. Pursuant to 24-5-101, C.RS., when making a determination as to the character, record or reputation of a licensee or applicant as required by Title 12, Article 46, 47 and 48, the licensing authority shall also consider evidence of rehabilitation. Such evidence may include, but not be limited to, evidence of no criminal history record information, educational achievements, financial solvency, community standing, lack of additional arrests or convictions, or the lack of parole or probation violations since the date of last conviction. Hello