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HomeMy WebLinkAbout20090587.tiff RESOLUTION RE: APPROVAL OF RENEWAL APPLICATION FOR HOTEL AND RESTAURANT LIQUOR LICENSE FROM RJML, LLC, DBA LA MARAVILLA AND AUTHORIZE CHAIR TO SIGN - EXPIRES MARCH 10, 2010 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, RJML, LLC, dba La Maravilla, presented to the Board of County Commissioners of Weld County,Colorado,an application forthe renewal of a Hotel and Restaurant Liquor License, for the sale of malt, vinous and spirituous liquors, and WHEREAS, pursuant to Exhibit 5-H of the Weld County Code, said applicant has paid the sum of $125.00 to the County of Weld for the renewal of the existing license, and WHEREAS, said applicant has exhibited a State Liquor License for the sale of malt, vinous and spirituous liquors for consumption by the drink on the premises only, outside the corporate limits of any town or city in the County of Weld at the location described as follows: 13015 Weld County Road 16 Fort Lupton, Colorado 80621 NOW,THEREFORE,BE IT RESOLVED that the Board of County Commissioners of Weld County, Colorado, having examined said application and the other qualifications of the applicant, does hereby grant License Number 2009-05 to said applicant to sell malt, vinous and spirituous liquors for consumption by the drink on the premises only, only at retail at said location; and the Board does hereby authorize and direct the issuance of said license by the Chair of the Board of County Commissioners, attested to by the Clerk to the Board of Weld County, Colorado, which license shall be in effect until March 10, 2010, 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. 2009-0587 ,LC0044 RENEW LIQUOR LICENSE - RJML, LLC, DBA MARAVILLA PAGE 2 STIPULATED CONDITIONS FOR RENEWAL OF LICENSE (A) The Licensee (which term includes the Licensee, its employees and agents) shall call the Weld County Sheriff's Office and report each incident and person whom the Licensee has reason to believe has violated the Colorado Liquor Code or other state law in the licensed premises, its parking lot, or appurtenant structures. Because the Licensee is encouraged to make these calls,the number of calls made shall not be a basis for revocation or non-renewal of the liquor license. The Board of County Commissioners shall not be constrained from considering the nature of a pattern of calls,the numbers notwithstanding. The Licensee shall provide one(1) parking stall near the front entrance of the licensed premises that will be reserved for a Sheriff's office vehicle. (B) The Licensee shall employ for an additional twelve (12) months a qualified and competent security company that will have free and open communication with the Weld County Sheriff's Office. Thereafter, the need for the security company shall be assessed by the Weld County Sheriff's Office,and the security company may be terminated with the agreement of the Weld County Sheriff's Office. The security guards will work inside the licensed premises and in the parking lot of the licensed premises. All security guards working in or outside the licensed premises shall wear uniform clothing that allows them to be readily distinguished from the patrons. No security guards will carry firearms while working in or outside the licensed premises. (C) Upon renewal, the occupancy level in the dance hall portion of the licensed premises shall be 450 occupants. If the Licensee wishes to further increase the occupancy, he shall install secondary treatment to the existing septic system. After the secondary treatment has been in place for ninety(90)days, the County Health Department shall conduct a review to determine whether the improved septic system is performing adequately and the Weld County Sheriff's Office shall conduct a review to determine whether the increased occupancy level has caused law enforcement concerns. Upon the Health Department's and Weld County Sheriffs recommendations, the occupancy level may be increased to 500 occupants by resolution of the Board of County Commissioners of Weld County. At this point, Church &Associates will provide a progress report regarding the septic system. If there are no concerns expressed by Church & Associates or the Weld County Sheriff, the occupancy level may be increased to 550 occupants. At this point, Church & Associates shall perform a thorough analysis report. If there are no concerns expressed by Church & Associates or the Weld County Sheriff, the occupancy level may be increased to 600 occupants. At each interval, the County Health Department and the Weld County Sheriff shall review their records and recommend approval or denial of each increase. Each increase must first be approved by resolution of the Board of County Commissioners prior to becoming effective. If the County Health Department or Weld County Sheriff's office has any concerns, they shall work with the Licensee to attempt to resolve these concerns. Applicable limits on the number of meals served, restaurant hours of operation,and 2009-0587 LC0044 RENEW LIQUOR LICENSE - RJML, LLC, DBA MARAVILLA PAGE 3 restaurant methods of service shall comply with the requirements set forth in Board of County Commissioners' Resolution #2004-2245. (D) The Licensee shall at all times be in compliance with the Colorado Primary Drinking Water Regulations. (E) The Licensee shall continue to take all necessary steps to assure that minors are not served any alcoholic beverages. These steps shall include providing a secure barrier separating minors from adults in the dance hall as permitted by the Weld County Building Code and serving alcoholic beverages to adults on the"minor side" by "single-serve," only (no beer buckets). The Board finds that the public welfare and morals will not be impaired as long as the Licensee complies with these conditions governing minors present within the licensed premises when alcohol is being served. (F) The Licensee shall continue to host "responsible vendor" training every six (6) months as agreeable to the Colorado Department of Revenue Liquor Enforcement Division, and this training shall be open to other area licensees. Each employee shall be"responsible vendor"trained, and the Licensee shall provide documentary evidence that each employee has been "responsible vendor" trained to the Weld County Clerk to the Board within thirty (30) days of the first available "responsible vendor" class after hiring. (G) The Licensee shall continue to fully fence the trash receptacles and exert its best effort to assure that all trash is placed within a receptacle rather than in bags on the ground outside the receptacle. (H) The Licensee shall continue to provide lighting for the parking lot on the all sides of the licensed premises. The Licensee also agrees to continue to provide two (2) security officers to patrol the parking lot-one in the west lot and one in the east lot —when the dance hall is open. (I) The Licensee agrees to continue to limit use of the dance hall to Thursday, Friday, Saturday and Sunday evenings, all legal holidays as recognized by the State of Colorado, and May 5th and September 16th. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said application. 2009-0587 LC0044 RENEW LIQUOR LICENSE - RJML, LLC, DBA MARAVILLA PAGE 4 The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 9th day of March, A.D., 2009. (jkLfa4tO. 0O •ARD OF COUNT %.MMISSIONERS DO ATTEST: ;�Jjl >,. 'i. F. Garcia, C•air Weld County Clerk to the Boar, , /' n,i r, 1 +.uglas ademac' a Pro-Tem By:(,_ tiLl °-�',"� I �,Qil�( )ti �� Del ty Clerk to the Bo J Th Se n P. Conway C ' ) ,P-PRO AS TO-F'ORM: - ar ra Kirkmeyer : 7< 2 Z 7 County Attorney / David E. Long Date of signature: rl I I; I CC1 2009-0587 LC0044 THIS LICENSE MUST BE POSTED IN PUBLIC VIEW DR 8402(10/29/07) STATE OF COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division 1881 Pierce Street,Suite 108 Lakewood,Colorado 80214 RJML LLC LA MARAVILLA RESTAURANT 13015 WCR 16 FT LUPTON CO 80621 ALCOHOLIC BEVERAGE LICENSE Liability Information Account Number County City Indust Type Liability Date LICENSE EXPIRES AT MIDNIGHT 40-48501-0000 03 206 722110 B 031103 MAR 10, 2010 Type Name and Description of License Fee 1971 HOTEL AND RESTAURANT $ 75.00 LIQUOR LICENSE - MALT, VINOUS, AND SPIRITUOUS 2190 COUNTY 85 PERCENT OAP FEE $ 425.00 TOTALFEE(S) $ 500.00 This license is issued subject to the laws of the State of Colorado and especially under the provision 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. Questions concerning this license should be addressed to the Department of Revenue, Liquor Enforcement Division, 1375 Sherman Street, Denver, CO 80261. In testimony whereof, I have hereunto set my hand. 4-1)APR I; Division Director Executive Director L W 0-3 CA T 1+ y CC N © O W O O Oci Li co C t C E Q J- N Cam. •C C.1 Os O II II - E" c -a w u Ca co, r3u V 0 C C a 7 U Gr c! -.- C t O O T I-) C VIII ', �/ 7 ^ C G Q C o O O a �i' 111 v1 N U •a :o N ,� ^' ro 1117t 1! O m CO N n o O Iei „II,I o E t s o n- o so, 0� - as ^ o co C d0 CT Q' - ` v v u ,� 2 of O Cp �' C V a •k v r G = o ° s c N •H Cli N u U J '� U ' b U CA w 1� c V W O '^ W e 3O C t O C w y E s 0 H, cc ° > '= z moo, 4 O U R O r+r i W ° H flk dll �- W ai N u N O 9 .�-I Z N -o U O ` U _ C• IS vLn 7 V o y/ �x�„JWY /� \1 =O o H ul ro G 6 ! I ; rI O,; o m a �+ U c .C L .L" ✓' a `" w V F a v a a ° o u Pa U V 4 1" 1 o E n ya .-p o c k W F m z a °' ' N w° E - F X W F C ti a) sL , - -' •owO CC 111gIII m w `� 6.; r b X IIIIEIIh. E+ saw a+ � W o W O cL i° y w �l 'c7 a on E Co) III Z G p m 7 ctl c ro u� ..-. co U o W o N '-E u x 4 El-0 iIC'AI'll' II�!,. �L' n T� •rl a a+ v.C p y3 .C -�?1 ct F L 6. C r. l+ y •D U J-i W E- A =O •H r0 W b N 'O 3 ° ` p Al G (� r. b a`) QI � .c o " cu " G > b a �-3 E W .Op 2 W w o �� m a W s O o •c.to 2 71 4- ct .Od 7F - U +M cq a+ F, t. O O m O 2 N F- C, IS a 15 F o- License Nu 4$50 1 -0000 License,Type 1 DR 8400(11/09/06) LIQUOR OR 3.2 BEER LICENSE ``9! COLORADO DEPARTMENT OF REVENUE RENEWAL APPLICATION Liability Information DENVER.COLORADO 80261 03 206 722110 B 031103 Business Location II..1.Iimmil..,,l.1...III'Medal,1„n flash ill.r.l.lthan 13015 WCR 16 LA MARAVILLA RESTAURANT FT LUPTON CO RUBIN RODRIGUEZ Current License Expires 232 ELIZABETH CT _ MAR 10, 2009 FT LUPTON CO 80621 - 1292 DEPARTMENTAL USE ONLY Total Amount Due Total Paid Date $ D This renewal reflects no changes from the last ap- Wholesaler, manufacturer, importer, and public transportation plication-Complete page 2 and file now! ty a stem license renewals not Author- approval and must be returned directly to the Colorado De- ❑ Yes there are changes from the last application. partment of Revenue at least 30 days prior to the current li- If applicant is a Corporation or Limited Liability com- cense expiration date. pany, use DR 8177 and send in with this renewal. . ------------------ -- ---'- -- - Any other changes of ownership require a transfer i This application for renewal must be returned to your CITY OR l COUNTY Licensing Authority at least 45 days prior to the expire- i of ownership. See your Local Licensing Authority i tion date of your current license.Failure to do so may result in immediately. I your license not being renewed.Include both pages of this renewal and payment. 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 m !knowledge. Authori i ature Date Business Phone Z I q 09 303 1—G O O Tale Sales Tax Number Viscnev /manager 4fl' <4s. so I-coon (REPORT AND APPROVAL OF CITY OR COUNTY LICENSING AUTHORITY The foregoing application has been examined and the premises,business conducted and character of the applicant are satisfactory, and w do hereby report that such license, if granted,will comply with the provisions of Title 12,Articles 46 and 47,C.R.S. THEREFORE THIS APPLICATION IS APPROVED. Local Licensing Authority for Date ./1 We ounty, Colorado 03/09/2009 Signature / �L(yr` Title Chair, Board of County Attest Wt11 tam F farria Commissioners By: DO NOT DETACH DO NOT DETACH Deputy Clerk to CheatratnETACH y -.....M-. r _..p.,.... _ .. DR 8400 1 /09106Make mea parame m Colorado Departs-ern ot Revenue The state may ennven you ( ) LIQUOR OR 3.2 BEER LICENSE check w a one time electronic banking transaction Your bank account may be debited es 21 COLORADO DEPARTMENT OF REVENUE DENVER,COLORADO 80261 RENEWAL APPLICATION carry as the same hay recervm by me state.M convened,your coach w u name rnumed r your cheek retested due to rnsunmiem or unconecied weds,the Department m Rev- ue may woes the payment amount erectly from your tunk,rg a mum etecvnnwary Business Name LICENSE NUMBER(Use for all reference) PERIOD LA MARAVILLA 40-48501-0000 03- 10 TYPE OF LICENSE ISSUED CASH FUND STATE FEE HOTEL AND RESTAURANT COUNTY 85% OAP LIQUOR LICENSE - MALT, 2320- 100(999) 1971-750(999) 2190- 100(999) VINOUS, AND SPIRITUOUS $ 50.00 $ 25. 00 $ 425.00 SUB-TOTAL $ 500. 0 ADD $100 TO RENEW RETAIL WAREHOUSE STORAGE PERMIT I21DUE 2210- 100 (999) TOTAL AMOUNT $_-_ 2009-0587 DR 8401 (0797) (' (I- n--68i--81.--ii COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1881 PIERCE ATTACHMENT TO LIQUOR OR LAKEWOOD,cQeaz61 (303)eos-z30aon 3.2 BEER LICENSE RENEWAL APPLICATION This page must be completed and attached to your signed renewal application form. Failure to Include this page with the application may result in your license not being renewed. Trade Name of Establishment n State License Number R6ML (— C dirt La. Macau, t(u V.45 I-Astian-+- gel, (4 S `Oi-• b( 1.',operating Manager Home Address Date of Birth f'1u#btv Flair( L 232 F z_ce.C -t Cr4K4 �. CO A1I 2, Do you have legal pos �ss`see Yes No .p r�l ft\(ssion of the premises for which this application for license is made? Are the premises owned or rented: tU''h If rented,expiration dale of lease: I✓I �( LJ 3. Has there been any change in financial interest(new notes,loans,owners,eta)since the last annual application?If yes,explain in Yes No No (— detail and attach a listing of all liquor businesses in which these new lenders or owners.(other than licensed financial institutions)are n f�( materially interested. LJ 4. Since the date of filing of the last annual application,has the applicant,or any of its agents,owners,managers,principals,or lenders Yes No (other than licensed financial institutions),been convicted of a crime?If yes,attach a detailed explanation. ❑ FK 5. Since the date of filing o1 the last annual application,has the applicant,or any of its agents,owners,managers,principals,or lenders Yes No (other than licensed financial institutions),been denied an alcoholic beverage license,had an alcoholic beverage license suspended or revoked,or had interest in any entity that had an alcoholic beverage license denied.suspended or revoked?If yes,attach a detailed Ill lel explanation. 6. Does the applicant,or any of its agents,owners,managers,principals,or lenders(other than licensed financial institutions),have a Yes No direct or indirect interest in any other Colorado liquor license(include loans to or from any licensee,or interest in a loan to any F-1 O.- licensee)?If yes,attach a detailed explanation. LJ 7. Sole owners of husband-wife partnerships answer this question.Since the date of filing of the last annual license application: Yes No Has ownership changed in whole or in part,from a sole owner to any other person,partnership,corporation,or limited liability company other than the licensee listed on your state liquor license?If yes,this license must be transferred to the new owner and may not be renewed.Contact your Local Authority immediately. Yes No 8. Partnership applicants must answer this question.Since the date of filing of the last annual license application:(a) Are there,or have there been any general partners added to,or deleted from the partnership?If yes,this license must be ❑ ❑ transferred to the new partnership and may not be renewed.Contact your Local Authority immediately. (b) Are there,or have there been any limited partners with a 10%or more interest,added or deleted from the partnership?If yes,this —1 license must be transferred to the new partnership and may not be renewed.Contact your Local Authority immediately. .J 9. Corporate applicants must answer this question.Since the date of filing of the last annual license application: Yes No (a) Are there,or have there been any officers or directors added to,or deleted from the corporation?It yes.complete and attach ❑ ❑ DR 8177 and submit to your Local Authority immediately. (b) Are there,or have there been any stockholders with 100/0 or more of the issued stock.added to,or deleted from the corporation? ill ❑ If yes,complete and attach DR 8177 and submit to your Local Authority immediately. (c) Date of filing last annual corporate report with the Colorado Secretary of State:— - . 10. Limited Liability Company applicants must answer this question.Since the date of filing of the last annual license application: Yes No (a) Are there,or have there been any managing members added to,or deleted from the company?If yes,complete and attach y DR 8177 and submit to your Local Authority immediately. ❑ I- -- (b) Are there,or have there been any members with 10%or more membership interest,added to,or deleted from the company? If yes,complete and attach DR 8177 and submit to your Local Authority immediately. 5 Lr (c) Date of filing last annual LLCO report with the Colorado Secretary of State: 11. Bed and Breakfast applicants must answer this question and certify compliance with 12-47-118.5 C.R.5.,to the state licensing authority by initialing the following listed questions: That it has no more than 20 sleeping rooms,and _ That it provides at least 1 meal per day at no charge other than for overnight lodging,and That it does not sell alcoholic beverages by the drink or in sealed containers,and That it shall not serve alcoholic beverages for more than 4 hours in any one day,as follows: MONDAY HOURS TUESDAY HOURS WEDNESDAY HOURS THURSDAY HORS FRIDAY HOURS SATURDAY HOURS SUNDAY HOURS From: in. From: m. From: m. From:c�ofn m. From: m. From: m. From: m. f To: m. To: m. To: m. To: m. To: in. To: m. To: m. tfAro- llktk +L.',"-paomon \k,,,,-)0.,_no hviin 24v'i Ir2,n Awl 0 MEMORANDUM (it TO: JENNY VANEGDOM,CTB FROM: DAN JOSEPH ENVIRONMENTAL HEALTH SERVICE 11 I SUBJECT: LIQUOR LICENSE INQUIRY C DATE: 02/21/09 COLORADO CC: CINDY SALAZAR; SARA EVANS In response to your request, Environmental Health Services has reviewed the Retail Food Service Establishment file for The Maravilla Restaurant located at 13015 CR 16, Fort Lupton, Colorado. At this time, there are no problems or concerns regarding this establishment. Should you have any questions regarding this matter, please contact me via e-mail at djoseph(aico.weld.co.us or by phone at 970-304-6415 extension 2206. Thank you. Dan Joseph • Environmental Specialist III 1016bra MEMORANDUM Y To: Jenny VanEgdom, Deputy Clerk to the Board March 2, 2009 hiDeFrom: Bethany Salzman, Zoning Compliance Officer, Dept. of Planning Services COLORADO Subject: LC0044 Review of the following liquor license application by the Department of Planning Services shows the following: 40-48501-0000 RJML, LLC dba La Maravilla 13015 Weld County Road 16 Fort Lupton, Colorado 80621 Zone District: C-3(through Z-66) This use is allowed through the zone district and a Site Plan Review(SPR-341) permit. Please be advised that the current Site Plan Review is for the operation of a "Nightclub/ Restaurant". Any deviation from their existing permit or plans would require an amendment. As a result of researching my computer and files, there are no current violations occurring on the property. SERVICE,TEAMWORK,INTEGRITY,QUALITY LIQUOR/BEER RENEWAL REVIEW FORM Date: February 9, 2009 TO: Deputy Julie Mercer FROM: Clerk to the Board SUBJECT: Liquor License Check In accordance with the new procedure for Liquor and/or beer license checks, please review all records on the following establishment for any associated reports during the last year and return your report to the Weld County Clerk to the Board's Office within two weeks. Your report will be used by the Board of County Commissioners in considering renewal of the liquor and/or beer license. PLEASE RESPOND NO LATER THAN: FEBRUARY 23, 2008 ESTABLISHMENT: RJML, LLC DBA LA MARAVILLA 13015 WELD COUNTY ROAD 16 FORT LUPTON, CO 80621 Current license expires: MARCH 10, 2009 11ItRH}YYtfiY}*****************YRlttt*********************************** ****************************{ No concerns Deputy's Initials The Sheriffs Office had a concern and the deputy has mutually worked with the licensee to correct the concern (Complete Attached Worksheet) Unresolved concerns exist requiring a Probable Cause Hearing scheduled by the Board of County Commissioners. (Complete Attached Worksheet) **t************************Y*******************t**************************t************************tt*** Please notify at Extension of the date and time of the Board of Commissioner's renewal hearing. Liquor/Beer License Worksheet The following concerns are noted: hh`(\ The Licensee and the Sheriffs Office have collectively agreed to implement the following to correct concerns noted above: (A time line and corrective action should be listed for each concern) cone. �vi J• )tx-t vt U u ez_ "3.--)22:16 E blishment Owner, Plea Print Date CLA LO 0 mQ In E ab—fishment Signature Deputy's Signature Use another sheet of paper or attach separate proposal to this packet if needed. Attach copies of all reports associated with this establishment for the last year. Both the Deputy and the Owner of the establishment will be required to attend the Liquor Hearing to testify to the above agreement. }s Interoffice Memo Fs,' -.OJT To: Board of County Commissioners fi From: Deputy Julie Mercer {rte t , Date: 02/27/09 Subject: Liquor Renewal for La Maravilla Board of County Commissioners, I have done a liquor inspection for La Maravilla as there liquor license is due to expire soon. I have included the liquor enforcement worksheet,and the review form that I filed out. I could not find anything of concern with the establishment.I talked in length with the owner Ruben Rodriguez and from what was discussed I believe he is making all efforts to comply with all regulations.lie also has trained his entire staff on over service of patrons and makes sure they follow that training. I checked our records and we had only 18 calls for service in which a report had to be taken,which is less then years past.If you have any questions or need any follow-up to this original report please feel free to contact me. Deputy Julie Mercer Weld County Sheriff's Office 1950"O" Street Greeley,Co 80631 Cell 970-397-3346 WELD COUNTY S.HERIFF'S OFFICE Comunity F3e_source Office LIQUOR ENFORCEMENT WORKSHEET 1950 0 Sheet Greeley,Colorado 80631 Voice(970)356-4015•Fax(970)304-6467 X Inspection Report 0 Incident Report CFO: License Trade Name: #ce)k L.Nc. roc ao,w4_ , licensee Name: '$M r LLC,d'ic‘..Lc.frocuo\Itt License*/Type ` Date of Report/Incident: ,, f d iR h7. (Z2�G.\ Law*,1 i ce csc Person Contacted: ie `l w�lP ��< �U Address. I r� Ctt CM,State,Zip Telephone# 3b3- (075,—X\l-1 Yes No- WA Yes No WA State Liquor License Posted v Manager Registered V _ State Sales Tax License Posted License in Control of Premises County Liquor License Posted ✓ Trade Name Properly Registered V- Federal Form 11'Call(800)396-28.22 4/Premises Physical Control Adequate Food SeMce License Posted Sey< Acceptable Dispensing em Minor Warring Sign Posted `4/ Off Premise Storage Licensed V Meals and Snacks Available / Only Permitted Items Sold ✓ Cleanliness Adequate Alcohol From Permitted Source Books&Invoices Available V Discuss Sales of Liquor to Mirrors Alcohol Beverage Stock Acceptable V Discuss Sales to Intoxicated Persons n O` ['Warning [Follow-Up Inspection ,.tiQAa �CACL f Li- ee l Representative Signature Date Violation. I Date I Tema. `. Subject: DOB: Hgt: Wgt Eyes Hair. Clothing: DI./ID*. State: . Address. City. State: Zip. Evidence: Yes NO HM Phone*. Summons*. Court Date. PhD". Yes NO Narrative: Deputy: 9, ,), ..ii \Thrk,ey k #: \-)3`-11. Date: na i Pl I09 Hello