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HomeMy WebLinkAbout20092608.tiff RESOLUTION RE: APPROVAL OF TEMPORARY PERMIT FOR A TAVERN LIQUOR LICENSE FOR EL CENTENARIO NIGHT CLUB, INC., DBA EL CENTENARIO NIGHT CLUB AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, El Centernario Night Club, Inc., dba El Centernario Night Club, 1490 County Road 27, Brighton, Colorado 80603, presented to the Board of County Commissioners of Weld County, Colorado, an application for a Transfer of Ownership of a Tavern Liquor License, for the sale of malt, vinous and spirituous liquors for consumption by the drink on the premises only, with said License previously held by Sipres Lounge, Inc., dba Sipres Lounge, and WHEREAS, Section 12-47-106.5, C.R.S.,which became effective July 1, 1991, allows for the issuance by the Board of County Commissioners of a temporary permit to the transferee of an existing liquor license to authorize the transferee to conduct business and sell alcoholic beverages at retail in accordance with said license, subject to compliance with certain conditions, and WHEREAS, El Centenario Night Club, Inc., has complied with all of the conditions set forth in said Section, and WHEREAS, El Centenario Night Club, Inc., has also submitted the required application fee for said temporary permit of $100.00. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that having examined said application and other qualifications of the applicant for the transfer of the Tavern Liquor License and having considered said request for a temporary permit, does hereby grant to El Centenario Night Club, Inc., dba El Centernario Night Club, 1490 County Road 27, Brighton, Colorado 80603, a Temporary Permit to conduct business and sell malt, vinous and spirituous liquors for consumption by the drink on the premises only, at retail at said location in accordance with the license previously held by Sipres Lounge, Inc., dba Sipres Lounge, subject to all other rules and regulations set forth by the Board of County Commissioners of Weld County, Colorado, for a period of 120 days, or until such time as the application for Transfer of Ownership is approved by the State of Colorado, whichever shall occur first. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said permit. 2009-2608 LC0028 TEMPORARY PERMIT FOR TAVERN LICENSE - EL CENTENARIO NIGHT CLUB PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of September, A.D., 2009. BOARD OF COUNTY COMMISSIONERS WELD O COLORADO ATTEST: f���' IT ` Wil am F. Garcia, Chair Weld County Clerk to es ' �_ / te.1.1-- 2 ,lis Dougl- Rademach r, Pro-Tem BY: Deputy Cle to the Bo _ ._-- — Se P. Conway AppliOVV AST - . j ar ra Kirkmeyer' ) ty A orney (L\_ 6-- David . Long Date of signature: /5 / CL'/ 2009-2608 LC0028 PLEASE POST NEAR EXISTING LICENSE TO WHOM IT MAY CONCERN: On the 23rd day of September, 2009, El Centenario Night Club, Inc., dba El Centernario Night Club, submitted an application for a Transfer of Ownership for a Tavern, with said license previously being held by Sipres Lounge, Inc., dba Sipres Lounge, and expiring on October 10, 2009. Until the Transfer of Ownership has been considered by the Board of Commissioners and notification has been received from the State advising whether this Transfer of Ownership request has been approved or disapproved,the Board hereby authorizes the continued sale of malt,vinous, and spirituous liquor at this establishment which is located at 1490 County Road 27, Brighton, Colorado 80603, under a Temporary Permit which has been approved by the Board on September 30, 2009. This Temporary Permit allows El Centenario Night Club, Inc.,dba El Centernario Night Club,to conduct business and sell malt,vinous and spirituous liquors for consumption by the drink on the premises only, at retail at said location in accordance with the license previously held by Sipres Lounge, Inc., dba Sipres Lounge, subject to all other rules and regulations set forth by the Board of County Commissioners of Weld County, Colorado,fora period of 120 days, or until such time as the application for Transfer of Ownership is approved by the State of Colorado,whichever shall occur first. If there are any questions concerning this matter, please feel free to contact the Weld County Clerk to the Board's Office at 336-7215, Extension 4225, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. Sincerely, BOARD OF COUNTY COMMISSIONERS WELD COU,7 Y,COLORADO William F. Garcia, Chair WFG/jve cc: Sheriffs Office Liquor Enforcement Officer 2009-2608 LC0028 SEP. 23. 2009 3: 11PM TCH PAITENT FIN SERV NO. 0099 P. 2 September 23,2009 Sipres Lounge,Inc Mary Sipres 1490 WCR 27 Brighton, CO 80603 Weld County Board of Commissioners 915 10th St Greely,CO 80632 Re: Temporary Retail Liquor License El Centenario Night Club 1490 WCR 27 Brighton,CO 80603 Members of the Board of Commissioners, I would like to request a Temporary Liquor License effective upon approval of this letter. The temporary license will allow business operations to continue while the review for the Change of Ownership and Retail Liquor License Transfer is completed.The license is transferring from Sipres Inc located 1490 WCR 27 Brighton, CO 80603 to El Centenario Night Club at the same address Regards, 1uilfr4t° Vicente Cuevas 2009-2608 rilSj DR 8404(05/17/07)Page 1 21 DEPARTMENT USE ONLY COLORADO DEPARTMENT OF REVENUE L LIQUOR ENFORCEMENT DIVISION COLORADO LIQUOR DENVER CO 80261 RETAIL LICENSE APPLICATION 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(Call 303.370.2165) 1. Applicant is applying as a igi Individual ❑ Corporation ❑ Limited Liability Company ❑ Partnership(includes Limited Liability and Husband and Wife Partnerships) Association or Other 2. Applicant If an LLC,name of LLC;if partnership,at least 2 partner's names;if corporation,name of corporation Fein Number ,ceUTE. Cue-t)A5 - i-.02 in o Pe -o ici141(c V ; 2a.Trade Name of Establishment(DBA) State Sales Tax No. Business Telephone EL CeN ten, Q a i ) roh7 CCvh i-pl`3iel 3u3-w}1 iG' 3. Address ofPremises(specify exact location of premises) i 490 K,/e./Z a1 State ZIP Code City County l3 Rt/9 h-to iu w,e- [d Cc W000 3 4. Mailing Address (Number and Street) City or Town State ZIP Code 5. If the premises currently have a liquor or beer license,you MUST answer the following questions: Present Trade Name of Establishment(DBA) Present State License No. Present Class of License Present Expiration Date SsPRe5 koctr c I. -wc !`??r-04-11.-oat / Ta.1,' -n'\ /c /Ic icier MM SECTION A NONREFUNDABLE APPLICATION FEES LIAR SECTION B(CONT.) LIQUOR LICENSE FEES 2300 F] Application Fee for New License $1,025.00 1985❑Resort Complex License(City) $500.00 2302 Application Fee for New License- 1986❑Resort Complex License(County) $500.00 w/Concurrent Review $1,125 00 1988❑Add Related Facility to Resort Complex...$ 75.00 X Total 2310 ❑ Application Fee for Transfer $1,025.00 1990['Club License(City) $308.75 2312 ❑ Application Fee for Transfer- 1991❑Club License(County) $308.75 w/Concurrent Review $1,125.00 2010❑Tavern License(City) $500.00 LIAR SECTION B LIQUOR LICENSE FEES 2011 Tavern License(County) $500.00 $500.00 2012❑Manager Registration-Tavern $ 75.00 1905 ❑ Retail Gaming Tavern License(City) 2020❑Arts License(City) $308.75 1906 ❑ Retail Gaming Tavern License(County) $500.00 2021❑Arts License(County) $308.75 1940 ❑ Retail Liquor Store License(City) $227.50 2030❑Racetrack License(City) $500.00 1941 ❑ Retail Liquor Store License(County) $312.50 2031 ❑Racetrack License(County) $500.00 1950 ❑ Liquor Licensed Drugstore(City) $227.50 2040❑Optional Premises License(City) $500.00 1951 ❑ Liquor Licensed Drugstore(County) $312.50 2041❑Optional Premises License(County) $500.00 1960 ❑ Beer and Wine License(City) $351.25 2045❑Vintners Restaurant License(City) $750.00 1961 ❑ Beer and Wine License(County) $436.25 2046❑Vintners Restaurant License(County) $750.00 1970 ❑ Hotel and Restaurant License(City) $500.00 2220❑Add Optional Premises to H&R $100.00 X Total 1971 ❑ Hotel and Restaurant License(County) $500.00 2370❑Master File Location Fee $ 25.00 X_Total 1975 ❑ Brew Pub License(C $750.00 2375❑Master File Background $250.00 X Total 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&R $ 75.00 DO NOT WRITE IN THIS SPACE-FOR DEPARTMENT OF REVENUE USE ONLY LIABILITY INFORMATION License Issued Through County City Industry Type License Account Number Liability Date (Expiration Date) FROM TO State City County Managers Reg �� �///// 750(999) 2180-100(999) 2190-100(999) -750(999) Cash Fund Nay LIMB Cash Fund Transfer Llama TOTAL 2300-100 2310-100 (999) (999) DR 8404(05/17/07)Page 2 APPLICATION DOCUMENTS CHECKLIST AND WORKSHEET Instructions:This check list should be utilized to assist applicants with filing all required documents for licensure.All documents must be properly signed and correspond with the name of the applicant exactly.All documents must be typed or legibly printed. Upon final State approval the license will be mailed to the local licensing authority. Application fees are nonrefundable. ITEMS SUBMITTED, PLEASE CHECK ALL APPROPRIATE BOXES COMPLETED OR DOCUMENTS SUBMITTED I. APPLICANT INFORMATION ❑ A. Applicant/Licensee identified. ❑ B. State sales tax license number listed or applied for at time of application. ❑ C. License type or other transaction identified. ❑ D. Return originals to local authority. ❑ E. Additional information may be required by the local licensing authority. II. DIAGRAM OF THE PREMISES [7A. No larger tha6i 8 1/2"X_11' ❑ B. Dimensions included(doesn't have to be to scale). Exterior areas should show control(fences, walls, etc.). ❑ C. Separate diagram for each floor(if multiple levels). ❑ D. Kitchen-identified if Hotel and Restaurant. III. PROOF OF PROPERTY POSSESSION ❑ A. Deed in name of the Applicant ONLY(or) ❑ B. Lease in the name of the Applicant ONLY. ❑ C. Lease Assignment in the name of the Applicant(ONLY)with proper consent from the Landlord and acceptance by the Applicant. ❑ D. Other Agreement if not deed or lease. IV. BACKGROUND INFORMATION AND FINANCIAL DOCUMENTS ❑ A. Individual History Record(s)(Form DR 8404-I). ❑ B. Fingerprints taken and submitted to local authority. (State authority for master file applicants.) ❑ C. Purchase agreement,stock transfer agreement,and or authorization to transfer license. ❑ D. List of all notes and loans. V. CORPORATE APPLICANT INFORMATION(If Applicable) ❑ A. Certificate of Incorporation(and/or) ❑ B. Certificate of Good Standing if incorporated more than 2 years ago. ❑ C. Certificate of Authorization if foreign corporation. ❑ D. List of officers,directors and stockholders of parent corporation(designate 1 person as"principal officer"). VI. PARTNERSHIP APPLICANT INFORMATION(If Applicable) ❑ A. Partnership Agreement(general or limited). Not needed if husband and wife. VII. LIMITED LIABILITY COMPANY APPLICANT INFORMATION(If Applicable) ❑ A. Copy of articles of organization(date stamped by Colorado Secretary of State's Office). ❑ B. Copy of operating agreement. ❑ C. Certificate of Authority(if foreign company). VIII. MANAGER REGISTRATION FOR HOTEL AND RESTAURANT,TAVERN LICENSES WHEN INCLUDED WITH THIS APPLICATION ❑ A. $75.00 fee. ❑ B. Individual History Record (DR 8404-I). DR 8404(05/17/07)Page 3 6. Is the applicant(including any of the partners,if a partnership;members or manager if a limited liability company;or officers, stock- Yes No holders or directors if a corporation)or manager under the age of twenty-one years? ❑ 2 7. Has the applicant(including any of the partners,if a partnership;members or manager if a limited liability company;or officers, stockholders or directors if a corporation)or manager ever(in Colorado or any other state); (a) been denied an alcohol beverage license? ❑ ❑� (b) had an alcohol beverage license suspended or revoked? ❑ (c) had interest in another entity that had an alcohol beverage license suspended or revoked? ❑ If you answered yes to 7a,b or c,explain in detail on a separate sheet. 8. Has a liquor license application(same license class),that was located within 500 feet of the proposed premises,been denied within the preceding two years?If"yes,"explain in detail. ❑ 0 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? ❑ El 10. Has a liquor or beer license ever been issued to the applicant(including any of the partners,if a partnership;members or manager if a limited liability company;or officers,stockholders or directors if a corporation)?If yes,identify the name of the business and list any current or former financial interest in said business including any loans to or from a licensee. ❑ Ri 11. Does the Applicant,as listed on line 2 of this application,have legal possession of the premises for at least 1 year from the date that this license will be issued by virtue of ownership,lease or other arrangement? ❑ Ownership SZ Lease ❑ Other(Explain in Detail) K1 ❑ a. If leased,list name of landlord and tenant,and date of expiration,EXACTLY as they appear on the lease: Landlord Tenant E,�xxepires mM1 Sr PRes ViLeNTe Cue.✓A-s — LoPez 'U`' / - ao11 Attach a diagram and outline or designate the area to be licensed(including dimensions)which shows the bars, brewery,walls,partitions, entrances,exits and what each room shall be utilized for in this business.This diagram should be no larger than 8 1/2"X 11".(Doesn't have to be to scale) 12. Who,besides the owners listed in this application(including persons,firms,partnerships,corporations,limited liability companies), will loan or give money,inventory,furniture or equipment to or for use in this business;or who will receive money from this business. Attach a separate sheet if necessary. NAME DATE OF BIRTH FEIN OR SSN INTEREST t4a ,c' �OPe z Di-Q3-i°�a 6tq-�s-2�'on Q 1, �`or ,.1\pr � c6h Attach copies of all notes and security instruments,and any written agreement, or details of any oral agreement,by which any person(including partnerships,corporations, limited liability companies, etc.)will share in the profit or gross proceeds of this establishment,and any agreement relating to the business which is contingent or conditional in any way by volume, profit, sales,giving of advice or consultation. 13. Optional Premises or Hotel and Restaurant Licenses with Optional Premises Yes No Has a local ordinance or resolution authorizing optional premises been adopted? ❑ Number of separate Optional Premises areas requested. (See License Fee Chart) 14. Liquor Licensed Drug Store applicants, answer the following: (a) Does the applicant for a Liquor Licensed Drug Store have a license issued by the Colorado Board of Yes No Pharmacy?COPY MUST BE ATTACHED. ❑ d 15. Club Liquor License applicants answer the following and attach:(a) Is the applicant organization operated solely for a national,social,fraternal,patriotic,political or athletic purpose and ❑ u n � not for pecuniary gain? (b) Is the applicant organization a regularly chartered branch,lodge or chapter of a national organization which is ❑ operated solely for the object of a patriotic or fraternal organization or society,but not for pecuniary gain? (c) How long has the club been incorporated? (d) How long has applicant occupied the premises (Three years required) to be licensed as a club?(Three years required) 16. Brew-Pub License or Vintner Restaurant Applicants answer the following: (a) Has the applicant received or applied for a Federal Permit? ❑ (Copy of permit or application must be attached) 17a. Name of Manager(for all on-premises applicants)V.Celle T -Cue-VA 5 1.-C tL (If this is an Date of Birth • application for a Hotel,Restaurant or Tavern License,the manager must also submit an Individual History Record(DR 8404-I). 17b. Does this manager act as the manager of,or have a financial interest in,any other liquor Yes No licensed establishment in the State of Colorado? If yes,provide name,type of license and account number. ❑ Ed 18. Tax Distraint Information. Does the applicant or any other person listed on this application and including its partners,officers, Yes directors,stockholders,members(LLC)or managing members(LLC)and any other persons with a 10%or greater financial interest ❑ in the applicant currently have an outstanding tax distraint issued to them by the Colorado Department of Revenue? If yes,provide an explanation and include copies of any payment agreements. DR 8404(05/17/07)Page 4 19. If applicant is a corporation,partnership,association or limited liability company,applicant must list ALL OFFICERS,DIRECTORS, GENERAL PARTNERS,AND MANAGING MEMBERS. In addition applicant must list any stockholders,partners,or members with OWNER- SHIP OF 10%OR MORE IN THE APPLICANT.ALL PERSONS LISTED BELOW must also attach form DR 8404-I(Individual History record), and submit finger print cards to their local licensing authority. NAME HOME ADDRESS,CITY&STATE DOB POSITION %OWNED* 'If total ownership percentage disclosed here does not total 100%applicant must check this box XApplicant affirms that no individual other than these disclosed herein,owns 10%or more of the applicant Additional Documents to be submitted by type of entity ❑ CORPORATION ❑ Cert.of Incorp. ❑ Cert.of Good Standing(if more than 2 yrs.old) El Cert.of Auth. (if a foreign corp.) ❑ PARTNERSHIP El Partnership Agreement(General or Limited) ❑ Husband and Wife partnership(no written agreement) ❑ LIMITED LIABILITY COMPANY ❑ Articles of Organization ❑ Cert.of Authority(if foreign company) ❑ Operating Agrmt. ❑ ASSOCIATION OR OTHER Attach copy of agreements creating association or relationship between the parties Registered Agent(if applicable) Address for Service 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. Authorized Si R.nature Title Date .CPS, 1% oari\Qg4-te- O9-DI-01 REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY(CITY/COUNTY) Date application filed with local authority Date of local authority hearing(for new license applicants;cannot be less than 30 days from date of application 12-47-311 (1))C.R.S. September 23, 2009 THE LOCAL LICENSING AUTHORITY HEREBY AFFIRMS: Yes No That each person required to file DR 8404-I(Individual History Record)has: © Been fingerprinted . . .. . fl El ® Been subject to background investigation,including NCIC/CCIC check for outstanding warrants Pc ❑ That the local authority has conducted,or intends to conduct,an inspection of the proposed premises to ensure that the applicant is in compliance with,and aware of,liquor code provisions affecting their class of license g ❑ (Check One) ❑ Date of Inspection or Anticipated Date ❑ Upon approval of state licensing authority. The foregoing application has been examined;and the premises,business to be conducted,and character of the applicant are satisfactory. We do report that such license,if granted,will meet the reasonable requirements of the neighborhood and the desires of the adult inhabitants, and will comply with the provisions of Title 12,Article 46 or 47, C.R.S. THEREFORE,THIS APPLICATION IS APPROVED. Local Licensing Authority for Telephone Number ❑ TOWN,CITY Weld County, Colorado (970) 356-4000 X4225 •• COUNTY Signature Title Date Chairman, Board of Commissioners Signature(attest) Title Clerk to the Board Date Deputy Clerk to the Board Hello