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HomeMy WebLinkAbout780742.tiffRESOLUTION RE: APPROVAL OF RENEWAL REQUEST FOR TAVERN LICENSE NUMBER 78-14 TO AFTER THE GOLD RUSH, INC. D/B/A THEOS, 2630 6TH AVENUE, GREELEY, COLORADO 80631 - EXPIRES DECEMBER 27, 1979. 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, After the Gold Rush, Inc., d/b/a Theos, 2630 6th Avenue, Greeley, Colorado 80631 has presented to the Board of County Commissioners of Weld County, Colorado, an application for a Tavern License to sell malt, vinous and spritiuous liquors by the drink for consumption on the premises only, at the above location, and WHEREAS, pursuant to Weld County Ordinance No. 6, Section II., C., said applicant has paid the sum of $50.00 to the County of Weld for the renewal of the existing license, and WHEREAS, said applicant has paid to the County of Weld the fee of $48.75 as provided by law for issuance of such County License, and said applicant has exhibited a State Liquor License for the sale of malt, vinous and spirituous liquors by the drink for consumption on the premises only, outside the corporate limits of any town or city in the County of Weld at the location described as follows: 2630 6th Avenue, Greeley, Colorado 80631 NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado, having examined the said application and the other qualifications of the applicant, does hereby grant License Number 78-14 to said applicant to sell malt, vinous, and sprirituous liquors by the drink for consumption on the premises only at retail at said location, and does hereby authorize and direct the issuance of said license by the Chairman of the Board of County Commissioners of Weld County, Colorado, attested to by the County Clerk and Recorder of Weld County, Colo- rado, which license shall be in effect until December 27, 1979, 780742 Go/d &SL�/� providing that said place where the licensee is authorized to sell malt, vinous and spirituous liquors by the drink, for con- sumption on the premises only, shall be conducted in strict conformity to all 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 viola- tions thereof shall be cause for revocation of the license. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of November, A.D., 1978. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: l kz' r tom +t Weld County Clerk and Recorder and Clerk to the BQ-cd Coun APP OV D AS TO FORM: County ?totem Date Presented: November 27, 1978 ( .:J: / i o g :d6 O y .3 o Ca n, y N d V i �j u r•p S4; H;rd ". of Z�. I ,W ro;ro o O: °o b c m N ' ` �: d ro' N D, o a m a ro ro ro �b o; ��1 'r,� to O �r S -I! Q m adi G zi ^ lV I .. c O, it 1 r O iT a) >; O A• �'� q l '° 0 ro C:..I: �°. U i~ ti cam. �'r :° a : 4j : , ci " 0:0: ci, C. .A I S O0 •i 4J v: c. Nc rl: •.-• 1ri. d:, •1 i ° e ! 0 z id : .i . i c . a N ., y ° N fl .. N?' ° �( N o O: d +' G % u •q' t ;rte a� O ' m W s N 0i F. ed O i� Oil ed C>ti p e� ,._fit Lcj O ,a d • V O N a ' W ,n -rl: H ciiIj dl - � i n4'�. U v. y,t y.. d y .w moo• O •bA U a) H 'O e tl 4 9. tq H:U QI •jj..ii,, c3 N ° c. •.i e N, 'O N�-+ WM+ ° • CL5 1 .� 0... O j o c o H a3 `Le O n" Ey cd cd r• m w d Frs o �.7 I'4 4qS . w`.vJ,. i. • :.i,r . - , r 4 .....'+ . a•sr�.ae+r a•anr f-4 ' DEPARTMENT OF REVENUE AFTER THE GOLD RUSH INC GREELEY THEOS 2630 6TH AVE GREELEY CO 80631 MALT, VINOUS AND SPIRITUOUS LIQUOR LICENSE FOR THE YEAR ENDING USE LICENSE NUMBER FOR LIABILITY INFORMATION AlL RE If RE PIGE COI1NtY OIY IIJIJUST TYPE I1APRIIY PA IF 14-14349 03 057 5813 3 122877 122779 TYPE NAME AND DESCRIPTION OF LICENSE FEE T TAVERN LIQUOR LICENSE $ 25.00 COUNTY 85 PERCENT OAP FEE $276.25 $301.25 TOTAL FEE(S) THIS LICENSE IS ISSUED SUBJECT TO THE LAWS OF THE STATE OF COLORADO AND ESPECIALLY UNDER THE PROVISIONS OF TITLE 12-46 CR5 1973. THIS LICENSE IS NON -TRANSFERABLE AND SHALL BE CONSPICUOUSLY POSTED IN THE PLACE ABOVE DESCRIBED. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND NOV 2 1 1978 SEAL DEPUTY DERECTOR DRL 402L (6/75) EXECUTIVE DIRECTOR DRL 402 (REV. If/771 `TATE OF COLORADr DEPARTMENT OF REVENUE RE APPLICATION FOR MALT, VINOUS AND SPIRITUOUS LIQUOR LIICENSES (GET APPROVAL OF LOCAL LICENSING AUTHORITY FIRST) AFTGK THE GOLD RUSH In C GREELEY 2630 6TH AV 80EJ1 GREcLEY CC DO LIQUOR ENFORCEMENT FFICERCTION APPROVED DISAPPROVED I CERTIFY THAT THERE ARE NO CHANGES TO MY ORIGINAL APPLICATION LOCAL kIICENSING AUTHORITY COPY EXCEPT CHANGE OF MANAGER, TRADE NAME OR CORPORATE STRUCTURE. 111 PI-iE0' S ��/�� NEW TRADE NAME 1 - ing Addres O G ORIGINAL AP rl 51 TU RE IF THERE IS A CHANGE IN OWNERSHIP DO NOT USE THIS`FORM. USE AN ORIGINAL MAKE CH APPLICATI .) �� jj CHECK OR MONEY IMPORTANT '9 - ._MANAGER'S NAME ORDER PAYABLE TO THE SEE INSTRUCTIONS —IF APPLICANT IS A CORPORATION, FILL IN REVERSE SIDE. COLORADO DEPARTMENT ON THE REVERSE OF REVENUE. SIDE. BUSINESS PHONE NO. RENEWAL APPLICATION FOR LIQUOR LICENSE(S) FOR THE YEAR ENDING —'z TOTAL FEES) ta-ta'345 03 0:7 5813 3 122E71I 1122779 I $ 3)1.15 Do you hLce legal possession of the premises for which this application for license is made? Are the premises owned or rented? Rented it rented, effective & expiration date of lease: Is applicant(s) or all officers of the corporation, citizen(s) or lawfully admitted of the United States of America? Yes Is theappl icent, or any of the partners, or any of the officers, stockholders or directors of said applicant (if it is a corporation), Yes No X or employees of any such, under the age of twentyone years? Has the applicant, or any of the partners, or any of the officers, stockholders or directors of said applicant (if it is a corpora- tion) ever been convicted of a felony in the State of Colorado or been convicted of a crime elsewhere which would constitute x a felony if such crime had been committed in the State of Colorado? If so, state full details Yes No Has the applicant, or any of the partners, or any officer, director or stockholder of said applicant (if it is a corporation) ever: X Ves No (a) been denied a license under this liquor law? `X Yes No (b) had an alcoholic beverage license suspended or revoked? If the answer is yes, explain fully (attach separate sheet, if needed) Do you or any members of your family have a financial interest in any other liquor license? (Such financial interest to include X Yes No any Fquity interest or loans). If the answer is yes, explain in detail Does any person, firm or corporation have a financial interest, evidenced either by loans or equity ownership in the business for which this license is requested? If theanswer is yes, state namesand addressesand amount of such financial interest expressed x either in dollars or other items of value, such as inventory, furniture, fixtures and equipment Ves No List the names and addresses of all businesses in which any of the persons in the previous question are interested Name F THE APPLICANT IS A CORPORATION, answer (a), (b), (c), (d), and lei _ Date.__ State of-_ - (a) Organized under the law u the State of_ _(�e t v ---_ _ County of_ g�(}---- ' (b) Principal business is conducted at_263{} fi Se 4V0 Non 2}red to dateDate of Birth City Month, Day, Year (c) Date of filing last annual corporate report to the Secretary Address tate_ (d) Name — r ke>s (e) President •1 _ R Ta / ; ^ Vice Pres.:n. Treasurer — Secretary , Manager'. List all Directors at least 3 are required by Law) DIRECTORS: HOME STREET NO. & CITY DATE OF BIRTH U) NAMEiLly1--&vOGList al =Fockhold ers owning or controlling any of the capital stock of the corporation. �Inclutle actual owner or pledgee.) Use se'paFDATE at it needed. PERCENT OF OF BIRTH STOCK OWNED HOME STREET NO. CITY pp� NAME n — - ) totit signed acknowledged by individuals and each member of partnerships and by Corporaton. STATE OF COLORADO as. lf, deposes and says; that he is the applicant above named; County of being by me first duly sworn, if for himse and oin a liration and that he knows of the above named corporation; that he has read the foregoing app and he agrees to conform to all rules and regulations or that he is 1 the contents thereof, and that all matters and things therein set forth are true of his own knowledge artpromulgated by the State Department of Revenue in connection therewith. h crew Individuals and all members of musty sign here: Subscribed and sworn to before me ��dey of this _.tZt-bar— (CO RPO14 ATE 5EAU 1 fficer of C fP tion _ (519nature of ry Publ'.q ,$ 9 lI .-,R1 ty C/ 19n here% / Attach Seal My commission ,-Plree REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY Public poriation Systems disregard this section) am Importers and Trans oe the aupn cant t553t (Manufacturers, Wholesalers, bu arirted mid ena,aet„� of Ina ...nay ants, M1e report ingauchlten has been ed,will anti Lila Pier�sas, -s e c µ hboi huna antl the desires e do repnft lnal such license, 11 Vrantu4 will meet the re ruble tagwre men6 or the net I nle 121= R5 1973. arid co mPlles with tile provr510n of Article 41. - THEREFORE HIS APpLICAHEREBY APPROVED. rIUN 15 ( ot DATED (NAME OF TOWN, CITY RUNTY) (4 OR ATTEST'. Cn tcL,j✓J-c L A.D. 19-�-� OF BOARD OF COUNTY CO MM 55 OR OTHER TITLE O0. OTHER OFFICER HyING THE OFFICIAL SEAL y me, b IF LICENSING AUTHORITY.) NSING AUTHORITY.) chairman of the board of THE (CLERK OR4 oval should be (If the Premises are located within a town or city, the above approval should be signed by the mayor and clerk, d m a c commissioners and the clerk to the board. If, by ordinance or otherwise, the local licensing authority is some other official, then such appr county given by such 0HI dal, N O T I C E THE COLORADO DEPARTMENT OF REVENUE, STATE CAPITOL ANNEX BUILDING, 1375 TO INSURE THAT YOUR LICENSE IS ISSUED ON TIME, IT IS IMPORTANT THAT THIS DOCUMENT, WITH YOUR STATE FEE REMITTANCE, BE AT SNERMAN STREET, DENVER, NO LATER THAN DECEMBER 1. November 1, , 1978 SHERIFF'S OFFICE REPORT LIQUOR LICENSE RENEWAL REQUEST Applicant: After the Gold Rush, Inc dba Theo's 2630 6th Ave. Greeley, Co. Type of License: Tavern Sheriff's Report: No Problems November 1 , 1978 SHERIFF'S OFFICE REPORT LIQUOR LICENSE RENEWAL REQUEST Applicant: After the Gold Rush, Inc. dba Theo's 2630 6th Ave. Greeley, Co. 80631 Type of License: Tavern Sheriff's Report: No Problems COUNTY OF WELD APPLICATION FOR MALT, VINOUS AND SPIRITOUS LIQUOR LICENSE TO THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO The undersigned hereby makes application for a County Malt, Vinous and Spiritous Liquor License. 1. Name of Applicant(s) AFTER THE GOLD RUSH, INC.--GREELEY 2. Home Address of Applicant(s) 6305 W. 6th Avenue, Unit D-5, Lakewood, Colorado 80214 3. Trade Name Tumne A. Business Telephone (303) 356-4653 5. Home Telephone Number(s) (303) 232-7874 6. Business Address 2630 6th Avenue, Greeley, Colorado 80631 7. If Partnership, give names of partners; if a Corporation or Club, give names of principal. officers Dennis R. Muck, President Chris N. Miller, Secretary 8. Type of license (circle) Retail Liquor Store Tavern License Restaurant License Extend Hours Liquor Licensed Drug Club License Arts License Race Track Licen (check one) For Sales for consumption OFF the premises of licensee only. )< For Sales for consumption OTI the premises of licensee only. For Sales for consumption ON and OFF the premises of licensee. 9. Is establishment managed by other than licensee? Thpndnre Ha11Pn If so, give name: 10. EXACT LOCATION OF PREMISES. Give street and number, Lot and Block number or Range, Township and Section (if possible give quarter of Section). 2630 Sixth Avenue, Greeley, Colorado 80631 All of the South 215.00 feet of Lot 10, Arlington Gardens, Weld County 11. Do you have legal possession of the premises for which this application for license is made? Yes 12. Are the premises owned or rented? Rented If rented, from whom? Dennis R. Muck 13. State nature of business conducted: discotegue 14. If restaurant, state whether other business is conducted except sale of food, meals, drinks and tobaccos: N/A 15. If club, state whether operating for a national, social, fraternal, patrioti( political or athletic nature: N/A 16. If club, state whether the property and advantages of club belong to members: N/A 17. If club, state whether it is for pecuniary gain: N/A 18. Is applicant(s) or all officers of the corporation or club a citizen(s) of the United States? Yes 19. Has applicant(s) a state license for the sale of Malt, Vinous and Spiritous Liquor? yea 20. Has applicant(s) ever been convicted of a felony? No 21. If answer to question 20 is "yes", give full details: 22. Has applicant been adjudged guilty by a court of record of violating the laws covering the prevention of gambling under the laws of the State of Colorado, or under the laws of the United States? No 23. If answer to question 22 is "yes", give full details: 24. Will applicant(s) permit any wholesaler or manufacturer to be interested financially by loan or otherwise, in applicant's business? Nn 25. If answer to question 24 is "yes", give full details: 26. Will applicant(s) use any equipment, fixtures, chattles, decorations or furnishings supplied or loaned by any manfacturer or wholesaler? No 27. If answer to cuestion 26 is "yes", explain: The applicant hereby agrees, if license is issued for sale of Malt, Vinous or Spiritous liquor, as herein requested, the place of business used therefor will he conducted in strict conformity with all laws of the State of Colorado, and the rules and regulations of the Board of County Commissioners of Weld County, Colorado, relating thereto, and any conviction of violations of said laws, rules and/or regulations shall be cause for revocation of such license, without further hearing thereon. The applicant(s) further agrees that he, she (they) has full knowledge of the aforesaid state laws and Board rules and regulations existing at the date of this application and agrees he, she (they) will keep advised as to all subsequent state law, Board rules and regulations, that may be hereafter passed relating thereto during the term of said license. AFTER_.TJ GOLD RUSH, INC.--GREELEY by(t—a Applicant(s) Dennis R. Muck, President STATE OF COLORADO) 55 OF WELD ss Dennis R. Muck being first duly sworn on oath, desposes and says: That he,�xj 'y) is the applicant(s) above named: That he, flgl fitl y) has/1e read the above and foregoing application and the answers made thereto, and well knows the contents hereof, and that the answers made to the interragatories therein set forth are true to his, 1}&.Rxfkk§{kR) own knowledge. AFTE GOLD RUSH, INC.--GREELEY BY Applicant(s) Dennis R. Muck, President Subscribed and sworn before me this 12th da Q October - ,1 A.D. 1978 Nota My commission expires F rib 14, 1981 arc oA 433 (Rev. z;,,) ,fJATE OF COLORADO Dr.. ARTMENT OF REVENU,L LIQUOR ENFORCEMENT DIVISION * 1375 SHERMAN ST., DENVER, COLORADO 80261 ' Telephone (303) 892-3741 PERMIT TO CHANGE TRADE NAME This certifies that After the Gold Rush Inc Greeley (Name of Licensee) Who is D.B.A. After the Gold Rush (Trade Name) 2630 6th Ave Greeley Weld Located At (Street) (City) (County) State License No. 14-14394 Dated Dec 28 19 77 did comply with the requirements of the Colorado Liquor Code Regulation Np. 41-106.4, or Colorado Beer Code Reg. No. 46-106.3 and is granted permission to change the trade name of the above establishment " sh From: at 'c List v To: Theo's 1 Dated at Denver. Colorado this 8th day of pt 19 78 C.DEPARTMENT OF REVENUE By: 7 (Stan Licensing Authority) THIS PERMIT MUST BE POSTED CONSPICIOUSLY ON LICENSED PREMISES STATE OF COLORADO * DEPARTMENT OF REVENUE I MANAGER'S REGISTRATION FORM ALL ANSWERS MUST BE PRINTED IN INK OR TYPEWRITTEN: Every application question must be answered. Any false statement or answer made by licensee constitutes 'perjury"and may result in the revocation of the license. REGISTRATION FEE OF $ 75 MUST ACCOMPANY THIS FORM. 1. Name of Licensee: At tE/T/Y2 l O 2L/.t/I Business Telephone No. 4253 2. Trade Name of Establishment: 7J/Et, 3 /' "mac"- 3. Address of Licensed Establishme _.". J ` /Idc_ 4. City or Town: fT.F'c("/1' 41 - 2 I(J%// iq /yjry I ACCOUNT No. of LICENSEE 5. Name of Manager: } 6. Manager's Birth Date: 8. Manager's Home Address: •' 9. Manager's Previous Employment for the last five (5) 10. Is Manager a citizen of the United States of America? fYes ❑ No 11. Has Manager ever been convicted of a felony in the State of Colorado or of a crime elsewhere? If yes, state full details: ❑ Yes 0 No 12. Has Manager ever: (a) been denied a liquor license under liquor laws of any state ❑ Yes 0 No ; (b) had an alcoholic beverage license suspended or revoked ❑ Yes p No ; (c) been convicted in court for violation of liquor law, regulation ❑ Yes f7 No If yes, state full details: 13. Effective date of Manager's e loy_ ent: c5.to1 It' L 14. Expiration date 15. Compensation of Manager: pn'J' a' Luty !-., Dtsc 16. Did Manager ever manage liquor establishment in any other state? W Yes ❑ No 17. Does Manager have financial interest in this or any other liquor establishment? ❑ Yes No location of establishment: 18. Does Manager manage another "Hotel or Restaurant" licensed liquor establishment in Colorado? yes, give name and location of establishment: If answer is yes, give name and ❑ Yes 51 No If answer is (The following affidavit is to be signed and acknowledged by individuals and each member of partnership and by corporation.) STATE OF COLORADO County of Subscibed and sworn to before me this day of Signature of Notary: My Commission expires: )Ss. 19 —. INDIVIDUALS AND ALL MEMBERS OF PARTNERSHIP MUST SIGN HERE: DRL 367 (REv.6/76) (12-47-119) and ,being by me first duly sworn, if for himself, deposes and says, that he is the licensee above named; or that he is of the above named corporation; that he has read the foregoing regis- A7TACH tration form and that he knows the contents thereof, and that all mat - SEAL ters and things therein set forth are true of his own knowledge. CORPORATION SIGN HERE: (Attach Seal) (Corporate Name) (President or Secretar l�e�IG ri , ) �e CIXbre , — Ii COn:0000 A so GREELEY COLO Te� N� Iii- of of USA WC-5--0,9S/ REF r i9' / r� 4Q RECORD 1c.s s ` L ! s t'v November 27, 1978 5255 W. 6th AVE. • LAKEWOOD, CO 80214 • (303) 232-7874 I OV 2 � 1s7a mow. COLA). Board of County Commissioners Weld County Greeley, Colorado 80631 Gentlemen, We are enclosing the following information for the renewal of liquor license #14-1434.9, per your request. 1. Form 404-A and minutes of meeting of Board of Directors for After The Gold Rush, Inc. --Greeley reflecting officers election. 2. Form 404-A and minutes of meeting of Board of Directors for Entertainment Concepts, Ltd. reflecting current officers and their election. 3. Copies of stock certificates issued by Entertainment Concepts, Ltd. and all documents relating to the sale of stock by Ronald P. Muck and Donald H. Muck and Alice H. Muck to Dennis R. Muck. Dennis R. Muck paid a total of $1,000.00 for the purchase of the Entertainment Concepts, Ltd. shares. It was paid from the earnings of Dennis R. Muck from his employment as President of that corporation. If further financial disclosure is required, please specify what information is requested. Should there be any additional information necessary, please contact me at the above number or address. Sincerely yours, AFTER THE GOLD RUSH Barbara J. udvik AFTER THE GOLD RUSH, INC.--GREELEY MANAGEMENT CONTRACT THIS AGREEMENT, made and entered into this -'/ day of c:, , , 1978, by and between AFTER THE GOLD RUSH, INC.-- GREELEY (hereinafter referred to as "Employer") and �`✓!' "`��' /4 it (hereinafter referred to as "Manager") and (hereinafter referred to as "Guarantor"). W I T N E S S E T H: In consideration of the mutual covenants, promises and agreements herein contained, the parties hereto agree as follows: 1. EMPLOYMENT. The Employer hereby employs the Manager and the Manager hereby accepts employment upon the terms and condi- tions hereinafter set forth. The Employer and the Manager agree that during the term of this employment the Manager shall operate the business under the name of THEO'S. 2. TERM. Subject to the provisions of termination as here- inafter provided, the term of this Agreement shall begin on / / ; .., and shall continue for a period of four (4) years. Employer and Manager may enter into three (3) subsequent two-year options, subject to the terms and conditions which follow, for an additional six (6) year period. 3. COMPENSATION. For all services rendered by the Manager under this Agreement, Employer shall provide compensation as follows: Manager shall receive as compensation for his services all gross receipts from the operation of the bar/restaurant/ discotheque operated by Manager pursuant to this Agreement, less the following: A. Payment by Employer of Colorado sales and use tax on the operations of the establishment operated by Manager, and other obligations as to which Employer is the obligor, which obligations have been fully dis- closed by Manager; B. Payment to the Employer of One Thousand Five Hundred Dollars ($1,500.00) or twelve percent (12%) of the gross sales receipts per month, whichever amount is greater, for the first two years of operation. Beginning with the second anniversary of the date of this Agreement, which shall occur during the year 1980, the payment to the Employer under this pro- vision shall be One Thousand Eight Hundred Dollars ($1,800.00) or twelve percent (12%) of the gross sales receipts per month, whichever amount is greater, for an additional two (2) years. 4. PAYMENT TO EMPLOYER. Manager shall turn over to Employer, on or before the fifth day of each month during the term of this Agreement, any and all funds due the Employer under paragraphs 3A and 3B of this Agreement. 5. BOOKS AND RECORDS. The books and records of the busi- ness shall be open to verification by Employer or his agents or employees during regular business hours. 6. OPTIONS. Should Employer and Manager elect to enter into subsequent two-year agreements, the payment due the Employer under paragraph 3B of this Agreement shall be increased as follows: 1982 - 1984 $2,100 or 12% of gross sales, whichever amount is greater 1984 - 1986 $2,400 or 12% of gross sales, whichever amount is greater 1986 - 1988 $2,700 or 12% of gross sales, c whichever amount is greater 7. DUTIES. The Employer shall employ the Manager to manage the establishment located at 2630 - 6th Avenue in Greeley, Colorado, subject to. the terms of this Agreement and the Manager does hereby accept such employment and shall devote his full time and attention and best efforts to the performance of his duties hereunder. -2- Manager's duties shall include, but not by way of limitation, the day-to-day management of the bar/restaurant/ discotheque; employment of salaried or hourly personnel; main- tenance of books and records; continued maintenance of the existing security system on the building and grounds; filing of any and all trade name affidavits or other locally -filed records; maintenance of BMI and ASCAP copyright licenses and any other copyright licenses which may apply to the operation of the business; maintenance of all equipment listed on Exhibit A attached hereto in proper working condition; maintenance of inventory and supplies and records based thereon; maintenance of property, liability, bonding, and other appropriate insur- ance pursuant to the terms of paragraph 8 herein; compliance and conformance with all local, state and federal laws, ordi- nances and regulations relating to the operation of a bar/ restaurant/discotheque; appropriate filings with all taxing authorities, including employer identification; negotiation with all utility and maintenance groups, unions, municipal authorities, and any other person or entity the functions of which are essential to the operation of the business. 8. EXPENSES. Manager shall be responsible to pay from the balance of the gross receipts all payroll, payroll taxes, insurance, and any and all other expenses of operating the business of a bar/restaurant/discotheque. Manager expressly agrees to provide all necessary employees for the operation of the establishment and to be expressly liable for payment of all payroll and related taxes. Said employees shall be.the employees of the Manager and not employees of the Employer. It is the intent of the parties that the Manager shall not be an employee of the Employer, but shall be considered for all purposes an independent contractor. Manager agrees to pay all public utility costs in- cluding, but not by way of limitation, water, gas, sewer and electricity. The telephone and utilities shall be held in the name of the Manager. Manager further agrees to maintain and -3- keep in an orderly condition and in a good state of repair the interior of the bar/restaurant/discotheque. Manager agrees further to pay all costs of furnishings and equipment not listed on Exhibit A if he determines to add such furnishings and equip- ment to the business operation. Employer may, at its option, reimburse Manager for the cost of such furnishings and equipment. Employer agrees to train the Manager in the operation of the Employer's light show and sound system; provided, however, Manager will pay the out-of-pocket expenses incurred in any repairs performed by Employer. The sound system is to be maintained in accordance with the advice of Barath Acoustics, Inc., at the expense of the Manager. Manager shall be responsible for any and all expenses of advertising. Employer shall be responsible for the real property taxes and repairs of any major structural damage not the result of Manager's neglect or improper repair; Employer further agrees to maintain the wiring and plumbing, but not the floors, ceilings and exterior wall furnishings; Manager shall assume the responsi- bility to pay the cost of insurance on the real property and building, including liability insurance. Manager shall keep in effect the insurance presently maintained by the Employer and shall keep such additional insurance as he deems necessary. 9.. RESTRICTIVE COVENANT. For a period of two (2) years from the date of termination of this Agreement, Manager will not, within a radius of twenty (20) miles from any location where Employer or one of its related entities, including After the Gold Rush, Inc., Denver, Colorado, and Entertainment Concepts, Inc., Denver, Colorado, owns, operates, or manages a night club, discotheque, bar, or restaurant,operate, enjoy in, control, be employed by, or participate in the ownership, management, operation or control of, or be connected in any manner with any business of the type and character of business engaged in by the Employer at the time of such termination. The Manager recognizes that due to his employment he has gained access to the workings of a unique light show and -4- sound system and to confidential trade information concerning the operation and management of the night clubs, bars, restau- rants, and other entertainment establishments owned by the Employer and After The Gold Rush, Inc., Denver, Colorado, and Entertainment Concepts, Ltd., Denver, Colorado. Upon termination of employment with the Employer, all documents, records, notebooks, and similar repositories of or containing such confidential information, including copies thereof, then in the Manager's possession, whether prepared by him or others, will be left in the possession of the Employer. 10. REMEDY FOR BREACH. Both parties recognize the services to be rendered under this Agreement by the Manager are special, unique, and of an extraordinary character, and that in the event of a breach by the Manager of the terms and conditions of this Agreement to be performed by him, or in the event the Manager shall, without the written consent of the Employer, leave his employment and perform, in the future, services for any person, firm, or corporation engaged in a competing line of business with the Employer, the Employer shall be entitled, if it so elects, to institute and prosecute proceedings in any court of competent jurisdiction, either in law or in equity, to obtain damages for any breach of this Agreement or to enforce the specific per- formances hereof by the Manager or to enjoin the Manager from performing services for any such other person, firm or corporation, during the period herein contracted for, but nothing herein con- tained shall be construed to prevent such remedy in the courts, in case of any breach of this Agreement by the Manager, as the Employer may elect to evoke. Manager agrees not to demonstrate the mechanics of the light show and sound system to any other person or entity and further agrees and covenants not to utilize, except for the benefit of the Employer, any knowledge or business and financial contacts acquired as a result of his relationship with Employer. Manager shall make no use for his own benefit of any customer list or other names or business and financial contacts of Employer to -5- promote or participate in any way in any bar, restaurant, night club, or other entertainment establishment. 11. WAIVER OF BREACH. The waiver of the Employer of a breach of any provision of this Agreement by the Manager shall not operate or be construed as a waiver of any subsequent breach by the Manager. 12. INDMENIFICATI0N. Manager agrees to indemnify Employer for any costs or damages associated with theft, vandalism, or related occurrences. Manager will not take or allow any other employee to take any action which would jeopardize the licensing, insurance, or any other contract with any person or entity or municipal authority. Manager agrees to indemnify and hold harm- less the Employer from all damages and all penalties arising out of any failures of Manager, in any respect, to comply with any or all of the requirements and provisions of this Agreement, and the Manager covenants that he will keep and save Employer and Employer's interests in the business forever harmless from any penalty or damage or charge imposed for any violation of any law, whether occasioned by act or neglect of said Manager, or by another or others in the premises operating under or through the Manager. 13. SALE OF BUSINESS, PROPERTY AND BUILDING. Employer represents that the building, land and business to be operated by Manager are currently listed for sale. Manager shall have the right of refusal with respect to any offer to purchase the business, property and building; provided, however, that if Manager shall fail to exercise his right of first refusal within 'fl ( ) days from the presentation to him of a contract for sale identical to the •terms of an offer made by a third party to pur- chase the business, property or building from Employer, then the Employer shall have the right to enter into a contract for the sale of the business, property or building to a third party, pro- vided that said sale to a third party includes the transfer and assignment of this Management Contract and the third party pur- chaser expressly agrees to assume the Employer's liability under this contract. 14. EQUIPMENT, INVENTORY AND SUPPLIES. All equipment, inventory and supplies provided by Employer to the Manager shall be verified by the Manager and shall be listed in Exhibit B attached hereto. Upon termination of this Agreement, Employer shall be entitled to a return of all equipment and shall have the right to keep and be reimbursed for any and all supplies and inventory of record which were not sold in the ordinary course of the business operated by Manager. Any additional record inventory on the date of termination of this Agreement shall become the property of the Employer. If the Manager shall pur- chase any new equipment at his own expense, he shall maintain a record thereof and, upon termination of this Agreement, he can remove said equipment, provided no damage is done to the premises in removing said equipment, and provided that the equipment be- longing to the Employer is in good condition, excepting for reasonable wear and tear. However, before the Manager removes any of his equipment upon the termination of this Agreement, he must secure the prior approval of the Employer, which may not be unreasonably withheld. The Employer may withhold approval of the Manager to remove his equipment if the Employer's equipment has not been maintained in satisfactory condition and/or if the removal of the Manager's equipment would cause damage to the premises of the Employer. 15. DEPOSIT. At the time of execution of this Agreement, the Manager shall deposit with the Employer the sum of Two Thousand Dollars ($2,000.00), which shall be held by the Employer to ensure performance by Manager of all provisions of this Agreement. This deposit shall be refundable upon termination of this Agreement pursuant to the terms of the Agreement, unless the Manager is in default or has violated any of the provisions herein. The Manager shall also provide to the Employer the first and last months' payment due Employer pursuant to para- graph 3B herein, which amount is One Thousand Five Hundred Dollars ($1,500.00) per month or a total of Three Thousand Dollars ($3,000.00). Within ten (10) days of termination of this -7- Agreement, the Employer shall give an accounting to the Manager of any deposits which have not been returned to the Manager. 16. NOTICES. All notices and demands which Employer or Manager may be required to give to or to serve upon each other shall be deemed to have been given when a copy of it is de- posited in the United States mail, postage prepaid, certified or registered, addressed as follows: Employer: After The Gold Rush, Inc. --Greeley Unit D-5 6305 West 6th Avenue Lakewood, Colorado 80214 Manager: j, ;' j/• The place to which said notice shall be sent may be changed by either of the parties hereto by written notice given as hereinabove provided. 17. ENTIRE AGREEMENT. This instrument contains the entire Agreement of the parties. It may not be changed orally but only by an addendum in writing signed by the party against whom en- forcement of any waiver, change, modification, extension, or discharge is sought. 18. SEVERABILITY. The invalidity of any provision of this Agreement, as declared by any court with jurisdiction over the Agreement and the parties, shall not nullify any other portion of the Agreement, and the provision declared invalid shall be severed from the Agreement. 19. MISCELLANEOUS. The headings of the sections contained herein are for convenience only and do not define, limit, or construe the contents of such sections. Manager does not, by virtue of executing this Agree- ment, become a partner of Employer in the conduct of its business or otherwise, or a joint venture or a member of a joint enter- prise with Employer. 20. GUARANTY. Jam..;: hereby guarantees in his individual capacity the performance by the Manager under the terms of this Agreement, and hereby agrees to ��m be personally liable for any and all breaches of this Agreement by the Manager. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. EMPLOYER: AFTER THE -GOLD RUSH, INC.--GREELEY Attest: a Co-orado c rporation By i�92 President ecretary By 4' Attest: Secretary Ind1 iduailp, as Guarantor P esiderft -9- DRL 404—A (Rev. 1/76) STAN E OF COLORADO * DEPARTMENT OF REVENUE LIQUOR LICENSE APPLICATION ADDENDUM 1. Corporate Name: DATE AFTER THE GOLD RUSH, INC.--GREELEY 2. Trade Name: THEO' S 3. Address: 2630 6th Avenue, Greeley, Colorado 80631 November 22, 1978 4. State Liquor License No. 14-14349 Date of Sale or Change: 5. List below the officers or directors of the corporation NAME President: Dennis R. Muck 6305 HOME ADDRESS (Street No., City, State, Zip) W. 6th Ave.,D-5, Lakewood, DATE OF BIRTH CO Vice-Pres.: Sean K. O' Hayre 144 W. Lester, Tucson, AZ 85705 O Secretary: Chris N. Miller 6305 W. 6th Ave.,D-5, Lakewood CO Manager: Theodore Hellen 475 Humboldt, Denver, CO 80218 6. List below all Directors of the corporation (at least 3 are required by law): NAME HOME ADDRESS (Street No., City, State, Zip) DATE OF BIRTH Dennis R. Muck 6305 W. 6th Ave., D-5, Lakewood, CO 7. List all stockholders owning or controlling 10% or more of the capital stock of the corporation. (Include actual owner or pledgee.) Use separate sheet if needed: % STOCK NAME HOME ADPRESS (Street No. City, State,Zip) OWNED DATE OF BIRTH ENTERTAINMENT CONCEPTS, LTD. 6305 W, bt�t Ave. 100% (Entertainment Concepts, Ltd. is a Colorado corporation with 500 shares issued and outstanding, 100% ot the shares owned by—IIennis H. uc 8. Have any of the above named officers or stockholders ever been convicted of any felony or violation of any liquor law in any Federal or State court of record in the State of Colorado or any other state? NO If so, explain fully: 9. Do any of the persons listed in paragraphs 5 and 6 above now own any stock or have an interest, financially or otherwise, in any other alcoholic liquor or fermented malt beverage license in the State of Colorado? Ys If so, explain fully by separate letter. Dennis R. Muck owns 100% of outstanding stock of After The Gold Rush, Inc. which holds 3.2% beer license #11-64949 10. Does any person, firm or corporation have a financial interest, evidenced by loans or equity ownership in the business for which this license is requested? NO If the answer is yes, state names and addresses and amount: 11. Date of filing last annual corporate report to the Secretary of S e: None required to date AFTER THE GOLD RUSH, INC.--GREELEY E SIGN HERE: BY: 2LQL ! (Corporate Name) (P id or Secra ) ris N .T1zerean APPROVED BY LOCAL LICENSING AUTHORITY BY DATE (Title) APPROVED BY STATE LICENSING AUTHORITY: DATE CUE2T COPY AFTER THE GOLD RUSH, INC.--GREELEY ACTION WITHOUT MEETING IN LIEU OF ANNUAL MEETING OF DIRECTORS AND SHAREHOLDERS (Combi.ed) Pursuant to Section 7-4-122, Colorado Revised Statutes, 1973, as amended, the following action is hereby taken b7 th, directors and shareholders of After The Gold Rush, Inc. -- Greeley without meeting, in lieu of annual meeting of the directors and shareholders. The following resolutions are hereby adopted: RESOLVED, that investment contract by aand terween The investmmentt group,, After The Gold Rush, Gold Rush, Inc. --Greeley, dated the 19th day of Se tem t_' 1978, is hereby expressly ratified and approved 53 the Board of Directors. RESOLVED, that the management contract betweei After Th- Gold Rush, Inc. --Greeley and Entertainment Concept;, Ltd., dated the 30th day of June 1978 , is hereby expressly approved aiid ratified by the Board orDirectors. RESOLVED, that the sale of certain leasehold .mprovemen s located at 2630 6th Avenue, Greeley, Colorado pursiant to a Bill of Sale dated September 13, 1977 is hereby ra:ified and approved by the Board of Directors. RESOLVED, that the lease agreement entered in:o between Donald H. and Alice Muck as Lessors, and After The Gold Rush Inc. --Greeley as Lessee, and dated the seventeenth day cf June, 1977 is hereby ratified by the Board of Dire :tors. RESOLVED, that the management contract betweei After The Gold Rush, Inc. --Greeley and the manager of the prenises located at 2630 6th Avenue, Greeley, Colorado, w ith agreeme is dated the 31st day of AUgUst 1dhe reby ratified by the Board of Directors. RESOLVED, that any and all actions binding uprn the corporation which may have been taken by the officers and/or directors of the corporation since the last meetin; of the directors and shareholders, including but not limi:ed tc the actions described above, are hereby ratified. 5; RESOLVED, that the following persons are hereby ap- pointed by the shareholders of the corporation to serve as directors of the corporation for the forthcoming year or until otherwise succeeded: Dennis R. Muck Chris N. Miller Donald H. Muck RESOLVED, that the following persons are hereby ap- pointed by the directors of the corporation to serve in the office opposite their respective names for the forthcoming year or until otherwise succeeded: Dennis R. Muck President and Treasurer Sean K. O'Hayre Vice President Chris N. Miller Secretary The undersigned, being all of the directors and share- holders of After The Gold Rush, Inc. --Greeley, hereby consent to, approve, and adopt the foregoing actions this fifteenth day of September, 1978. ENTERTAINMENT CONCEPTS, LTD., Shareh e , by: DENNIS R. MUCK, President - Director Dire pr DONALD Ii. MUC} ,' Director -2- :C T:C 2G�'.2D CF COUNTY CO'MISSIG;IE-RS !':FAD COUNTY, COLC2ADO Greeley, Colorado AFTER THE GOLD RUSH, INC.--GREELEY l:ose adv_: s is 2630 6th Avenue, Greeley, Colorado and whose place of business is :: noun as my ^ 1 0 hereby makes application for a license to sell Beer, !'line and Spirituous liquors by the drink only. Said Applicant is e Gold Rush. Inc. _ operating under the name of at the above described location. Applicant will not permit any wholesaler or manufacturer of any alcoholic beverage to ha interested financially, by loan or otherwise, in h business and will not use any equipment, fixtures, chattels or decorations o.ned or supplied by any manufacturer or wholesaler and no distillery, brewer or wholesaler has any direct or indirect financial interest in its business. The applicant agree that all sales under this 'License applied for will be conducted in strict conformity with all ti^.,a laws of the State of Colorado and any violation of said laws will be. cause for revocation Of said license. A_ FT THE GOLD RUSH. INC.--GREELEY _ Dennis R. Muck, President STATE OF COL02ADC ) ) ss. COUNTY OF li2T D Dennis R. Muck, President being first duly shorn, depos .. ae%..cay . that he is are the Applicant above named; that he ha read*the foregoing a lication and. that he know Intents thereof, and that all matters and things set forth are true of h ,in kn . ledge. S:cribcd zndjs.,orn to before ma, - 22 cay of November 197 8. ccLL-rr f Notary Public DRL 404-A STATE OF COLORADO a DEPARTMENT OF REVENUE (Rev. 1/76) LIQUOR LICENSE APPLICATION ADDENDUM DATE November 22, 1978 1. Corporate Name: 2. Trade Name: ENTERTAINMENT CONCEPTS, LTD. 3. Address: 6305 West 6th Avenue, Unit D-5, Lakewood, Colorado 80214 4. State Liquor License No. Date of Sale or Change: 5. List below the officers or directors of the corporation: NAME HOME ADDRESS (Street No., City, State, Zip) DATE OF BIRTH President: Dennis R. Muck 6305 w. 6th Ave., D-5, Lakewood, CO Vice—Pres.: Donald H. Muck 1342 S. Lamar Lakewood CO Manager: 6. List below all Directors of the corporation (at least 3 are required by law): NAME HOME ADDRESS (Street No., City, State, Zip) DATE OF BIRTH Dennis R. Muck 6305w. 6th Ave., Lakewood, CO. 80214 7. List all stockholders owning or controlling 10% or more of the capital stock of the corporation. (Include actual owner or pledgee.) Use separate sheet if needed: % STOCK NAME HOME ADDRESS (Street No., City, State,Zip) OWNED DATE OF BIRTH nFNNTS R. MUCK 6305W. 6th Ave., D-5. Lakewood 100% 5/18/46 8. Have any of the above named officers or stockholders ever been convicted of any felony or violation of0any liquor law in any Federal or State court of record in the State of Colorado or any other state? If so, explain fully: 9. Do any of the persons listed in paragraphs 5 and 6 above now own any stock or have an interest, financially or otherwise, in any other alcoholic liquor or fermented malt bgvera9e license in thei Se of fCol rado? YES If so, explain full by separate letter. Dennis it• muc owns 0 o tgie outstanding stock of After he Uold Rush, Inc. which holds 3.2% license #11-64949 10. Does any person, firm or corporation have a financial interest, evidenced by loans or equity ownership in the business for which this license is requested? NO If the answer is yes, state names and addresses and amount: 11. Date of filing last annual corporate report to the Secretary o tate: 4/26/77 SIGN HERE: ENTERTAINMENT CONCEPTS, I ,D. (Corporate Name) Dennis ffresitlat`pk5,crfl4 sident APPROVED BY LOCAL LICENSING AUTHORITY BY DATE (Title) APPROVED BY STATE LICENSING AUTHORITY: DATE ACTION TAKEN WITHOUT MEETING OF BOARD OF DIRECTORS ENTERTAINMENT CONCEPTS, LTD. Pursuant to Section 7-4-122, Colorado Revised Statutes, 1973, as amended, the following action is hereby taken by the board of directors of Entertainment Concepts, Ltd., without meeting, in lieu of a meeting of the board of directors. The following resolutions are hereby adopted: RESOLVED, that the president of the corporation, Dennis R. Muck, in consideration for the substantial services he has performed on behalf of, and his dedication to the business of the corporation, be awarded a bonus in the amount of Twenty Thousand Dollars ($20,000), to be paid no later than two and one-half (2 1/2) months from July 31, 1978, the fiscal year end of the corporation. RESOLVED, that the management contracts entered into between the corporation and After The Gold Rush, Inc.; After The Gold Rush, Inc. --Greeley; After The Gold Rush, Inc. --Sioux City; Disco Times, Ltd.; and After The Gold Rush, Inc. --Tucson, are hereby authorized and approved and the action of the president and secretary in signing said management agreements is hereby ratified. RESOLVED, that the lease entered into between the corporation and Dennis R. Muck for the lease of office space in the condominium at Meadow Creek at Unit D-5, 6305 West 6th Avenue, Lakewood, Colorado, is hereby authorized and approved and the action of the officers of the corporation in signing said lease is hereby ratified. RESOLVED, that part payment of the management fee due the corpora- tion from After The Gold Rush, Inc., pursuant to the management contract entered into with After The Gold Rush, Inc., effective August 1, 1977, may be made by cancellation by After The Gold Rush, Inc., of any portion, or all, of the liability due and owing to After The Gold Rush, Inc., by After The Gold Rush, Inc. --Greeley, a wholly -owned subsidiary of this corporation. RESOLVED, that the corporate officers continue to discuss the possibility of adopting a retirement plan for the employees of the corporation with corporate counsel and corporate CPA. RESOLVED, that the lease agreement entered into between the cor- poration and Dennis R. Muck whereby the corporation leased four automobiles for the promotion of the corporation's business is - 1 - hereby authorized and approved and the action of the corporate officers in signing said lease is hereby ratified. RESOLVED, that all the acts and transactions of the officers of the corporation which have been taken or made since August 1, 1977, and of which this board has notice, are hereby ratified and approved. RESOLVED, that the following persons are to serve for one year in the offices opposite their respective names, or until their successors are chosen and qualify: Dennis R. Muck President and treasurer Donald H. Muck Vice President Chris N. Miller Secretary. The undersigned, being all of the directors of Entertainment Con- cepts, Ltd., hereby consent to, approve, and adopt the foregoing action this 28th day of July , 1978. DENNIS R. MUCK, Director uGr.///:/.9,1J i DONALD H. MUCK,' Director CHRIS N. MILLER, Di for - 2 - tin, plir h r 1. ✓', drr rlrpr �, 9r11An�)1 4; ull Ui Q thl; Entertainment Concepts, Ltd. Unit D-5 6305 West 6th Avenue, Lakewood, Colorado 80214 Gentlemen: Enclosed are the following stock certificates issued by Entertainment Concepts, Ltd.: Certificate Number 1 dated September 5, 1975, issuing 200 shares to Ronald Phillip Muck; transferred to me on June 29, 1978. Certificate Number 2 dated September 5, 1975, issuing 300 shares to Donald H. Muck and Alice H. Muck; trans- ferred to me on June 29, 1978. I am turning these two stock certificates in to the corpora- tion in return for a new stock certificate issued in my name for a total of 500 shares. Thank you. Sincerely, nnis//Muck Enclosures 2 _, 2 272 �_ 1978 ENTERTAINMENT CONCEPTS, LTD. NOTICE OF INTENT TO EXERCISE OPTION PURSUANT TO AGREEMENT DATED DECEMBER 21. 1 TO: Donald H. Muck FROM: Dennis R. Unit DS 6305 West Lakewood, DATE: June 29, and Alice Muck Muck 6th Avenue Colorado 80214 L978 RE: Notice of Intent to Exercise Option to Purchase Shares of Entertainment Concepts, Ltd. Pursuant to Agreement Executed December 21, 1977 This is to advise you of my intent to exercise my option to purchase 300 shares, which constitutes all of the shares held by you in Entertainment Concepts, Ltd., a Colo- rado corporation. The exercise of this option is pursuant to our written agreement dated December 21, 1977. The agreed -upon purchase price for the stock is $2.00 per share, and I enclose herewith my check in the amount of $600.00. I am acquiring these shares for investment purposes only, without a view to redistribution, and I will take no action which would endanger the exemption of the stock of Entertainment Concepts, Ltd. from the registration require- ments of the Federal Securities Act of 1933, as amended, and applicable state securities laws. I acknowledge and represent that I am the president and a member of the board of directors of Entertainment Concepts, Ltd., and as such I am familiar with the history and business operations of that corporation, its management, financial condition, and the fact that any investment in Entertainment Concepts' securities must be considered speculative and subject to a high degree of risk. Moreover, you have offered to make available to me any and all information to which you have access, and I consider myself to be in an economic bargaining position to obtain all information necessary to make the decision to purchase the securities of Entertainment Concepts, Ltd. pursuant to the stock option agreement. Please indicate your receipt of this Notice of Intent to Exercise Option by signing below. Your signature shall also constitute a receipt by you of the purchase price. DENNIS R. MUCK �6iuL l' Lv -'s e ,`: DONALD H. M ALICE MUCK -2- June 30, 1978 DATE June 30, 1978 DATE ENTERTAINMENT CONCEPTS, LTD. NOTICE OF INTENT TO EXERCISE OPTION PURSUANT TO AGREEMENT DATED DECEMBER 21, 1977 TO: Ronald P. Muck FROM: Dennis R. Muck Unit D-5 6305 West 6th Avenue Lakewood, Colorado 80214 DATE: June 29, 1978 RE: Notice of Intent to Exercise Option to Purchase Shares of Entertainment Concepts, Ltd. Pursuant to Agreement Executed December 21, 1977 This is to advise you of my intent to exercise my option to purchase 200 shares, which constitutes all of the shares held by you in Entertainment Concepts, Ltd., a Colorado corporation. The exercise of this option is pursuant to our written agreement dated December 21, 1977. The agreed - upon purchase price for the stock is $2.00 per share, and I enclose herewith my check in the amount of $400.00. I am acquiring these shares for investment purposes only, without a view to redistribution, and I will take no action which would endanger the exemption of the stock of Entertainment Concepts, Ltd. from the registration require- ments of the Federal Securities Act of 1933, as amended, and applicable state securities laws. I acknowledge and represent that I am the president and a member of the board of directors of Entertainment Concepts, Ltd., and as such I am familiar with the history and business operations of that corporation, its management, financial condition, and the fact that any investment in Entertainment Concepts' securities must be considered speculative and subject to a high degree of risk. Moreover, you have offered to make available to me any and all information to which you have access, and I consider myself to be in an economic bargaining position to obtain all information necessary to make the decision to purchase the securities of Entertainment Concepts, Ltd. pursuant to the stock option agreement. Please indicate your receipt of this Notice of Intent to Exercise Option by signing below. Your signature shall also constitute a receipt by you of the purchase price. DENNIS R. MUCK June 30, 1978 RONALD P. MUCK DATE -2- r i♦ r >: A: y ro �d '1► Hi 1/ 4 Lo iLii 1 a •I I f p I� [71 ►�r V at AttUflL 0 .eyR. .r `+k : y U - ;° {2 2 C. \ � /� . /\ % — / % ` 2\ § ? \ y \ ~ e \ / \ \} 00 ; � � O R L 404—C (Rev. 12/75), STATE OF COLORADO * DEPARTMENT OF REVENUE LIQUOR LICENSE APPLICATION ADDENDUM To be completed by each individual, partnership, or corporation liquor licensee. NO liquor license renewal will be processed unlessall questions are completely answered. Any FALSE answer or statement made by applicant con- stitutes PERJURY, and the person making such false statment subjects any license issued herein to revocation. AFTER THE GOLD RUSH, INC.--GREELEY 1. Name of licensee: 2. Trade name of Establishment: 3. Address of Establishment: 4. Liquor License No.: THEO'S 2630 6th Avenue, Greeley, Colorado 14-14349 5. Do you have legal possession of the licensed premises? 6. Are the premised owned or rented? RENTED 7. If rented, from whom: DENNIS R. MUCK 8. Effective date of the lease: 8/1/78 Expiration date: 7/31/88 YES 9. Do you or any member of your immediate family (father, mother, brother, sister, children) have a financial interest in any other liquor license or in any corporation that holds a liquor license? (Such financial interest to include any equity, interest or loan.) If answer is yes, explain in detail. Yes ❑ No Name the other liquor establishment if your answer is yes: After The Gold Rush, Inc. (3.2% beer license #11-64949) in Lakewood, Co After The Gold Rush, Inc. --Sioux City (Iowa license #C 7183) After The Gold Rush, Inc. --Tucson (#6 spirituous license - Pima County,AZ) 10. Does any person, firm or corporation have a financial interest in your business? ❑ Yes IZI No 11. If the answer is yes, state the name, and the address, of the person holding such financial interest, and show the amount of such financial interest: 12. Amount of your investment in the business: $500 13. Percentage of ownership the above will represent: 100% 14. Are you now an active participant in the management and operation of your licensed premises? 1L7 Yes ❑ No 15. If somebody else will manage your establishment, give name, address, date of birth of the MANAGER, and submit copy of the "Management Agreement" with this questionaire: Thedore Hellen, 2630 6th Avenue, Greeley, Colorado ( 1/1/22) 16. Did you enter into a "Management - Lease" agreement with your manager or any other person? ER Yes ❑ No. If the agreement is in writing, attach a copy. Page 2- continued LIQUOR LICENSE APPLICATION ADDENDUM 17. Have you ever held or do you hold any financial interest, direct or indirect, in any retail liquor establishment, distillery, importing or wholesale liquor license? ❑ Yes Q No If so explain: 18. Attach copies of any written agreement or details of any oral agreement, by which any person (including a corporation) will share in the profit or gross proceeds of this establishment, and any agreement relating to the premises which is contingent or conditional in any way by volume, profit, sales, giving of advice or con- sultation: I understand that a false answer to any of the foregoing will subject the application to denial or a license revocation. I certify that all the information in this application addendum is complete, true and correct. AFTER THE GOLD RUSH, INC.--GREELEY Corpora Name Sign re of Licensee — Title Chris N. Miller, Secretary November 22, 1978 Date Subscribed and sworn to before me this 22nd day of November A.D., 19 78 My commission expires: March 14. 1981 j Notary Public October 20, 1978 5255 W. 6th AVE. • LAKEWOOD, CO 80214 • (303) 232.7874 .. _ t i19 78 )' 9m Coto. Ms. Jeannie Ordway Deputy County Clerk Board of County Commissioners Weld County Greeley, Colorado 80631 Dear Ms. Ordway, In reference to our liquor license renewal application, I am enclosing a certificate of good standing issued by the Secretary of State. Although this was not specifically requested with the renewal, we have not yet been required to file a report with that office and felt that this might avoid any problem arising in this area. If I can provide any other information, please let me know. Sincerely, AFTER THE GOLD RUSH Barbara Lud lk Enclosure C v DEPARTMENT OF STATE c � CERTIFICATE• MARY ESTILL BUCHANAN, 92ectek of 9taie of £e Mate of 6c4aa4 h&4 ce4&1y that ,de to the ieeo 4 of /hA a1,cee AFTER THE GOLD RUSH, INC. - - GREELEY (Colorado corporation) hiaa corm i ed uaidf the a/ -i/a lie j4 ov moan of Me -/ w ofMe [Plait of ?atdiada and on thud dale is en dandvni and auA ado ed and con$ef rot to Aanaad 4aanea4 o2 to eondud atd a ai withtd/44 date DATED: October 18, 1978 77 SECRETARY OF STATE 1( 1 Or W)AW) DL COUNTY COMMISSIONERS p t4 ti I 1. I r vi % -6" t'nc)NL. (3031 356-4000 EXT. 200 P.O. BOX 758 WI ID C 11,, 1 ,REELEY, COLORADO 80631 COLORADO September 11, 1978 After the Gold Rush 2630 6th Avenue Greeley, Colorado 80631 Dear Manager: Enclosed please find the Manager's Registration Form for you to complete and return to our office. Please report to the Weld County Sheriff's Department in order to be fingerprinted as a manager to operate a liquor establishment. Also, find enclosed a copy of Colorado Statute 12-47-128 regarding unlawful acts. Chris Miller indicated you had a question regarding how late you could serve liquor on Sunday evenings. After reviewing the license that was issued to After the Gold Rush you may not serve liquor after 8:00 P. M. on Sunday evenings. The license for After the Gold Rush does not include the extended hours provision which allows liquor to be served until Midnight on Sundays or Christmas. If the extended hours provision is determined to be desirable in future years the additional annual fee of two hundred and fifty dollars must be paid at the time of renewal of said license. If you have any further questions please notify us immediately. Thank you. Sincerely, CLERK TO THE BOARD Je ette Ordw� t', Deput CC: Chris Miller Hello