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HomeMy WebLinkAbout20081704.tiff RESOLUTION RE: APPROVE APPLICATION FOR TRANSFER OF OWNERSHIP OF HOTEL AND RESTAURANT LIQUOR LICENSE FROM SIMON CORPORATION, DBA SIMON'S BAR AND GRILL, TO JENSEN ENTERTAINMENT, LLC, DBA T-BONES RESTAURANT AND LOUNGE, AND AUTHORIZE CHAIR TO SIGN - EXPIRES JULY 17, 2009 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, Jensen Entertainment, LLC, dba T-Bones Restaurant and Lounge, presented to the Board of County Commissioners of Weld County, Colorado, an application for a Transfer of Ownership of a Hotel and Restaurant Liquor License, on January 15, 2008, for the sale of malt, vinous and spirituous liquors, said license previously held by Simon Coporation, dba Simon's Bar and Grill, and WHEREAS, at a hearing on January 16, 2008, the Board deemed it advisable to approve 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 Simon Corporation, dba Simon's Bar and Grill, 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, and WHEREAS,at a hearing on June 2, 2008, due to a significant delay in receiving the results of the applicants' background checks from the Colorado Bureau of Investigation, the Board deemed it necessary to extend the validity of the Temporary Permit for an additional period of sixty (60) days, as allowed by Section 12-47-303.4, C.R.S., and WHEREAS, at a hearing on June 16, 2008, pursuant to Exhibit 5-H of the Weld County Code, said applicant has paid the required fees to the County of Weld for a Transfer of Ownership 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: 3815 Highway 119, Longmont, Colorado 80504 WHEREAS, the Licensee shall host"responsible vendor" training every six(6) months as agreeable to the Colorado Department of Revenue Liquor Enforcement Division, and this training shall be open to other area licensees. Each employee shall be "responsible vendor" trained, and the Licensee shall 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. 2008-1704 n � LC0014 0 , �� A e27- s'3-O TRANSFER OWNERSHIP OF LIQUOR LICENSE - T-BONES RESTAURANT AND LOUNGE PAGE 2 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 2008-09 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 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 July 17, 2009, providing that said place where the licensee is authorized to sell malt, vinous, and spirituous liquors for consumption by the drink on the premises only„ shall be conducted in strict conformity to all of the laws of the State of Colorado and the rules and regulations relating thereto, heretofore passed by the Board of County Commissioners of Weld County, Colorado, and any violations thereof shall be cause for revocation of the license. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said application. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of June, A.D., 2008. BOARD OF COUNTY COMMISSIONERS 11,14) WELD COUNTY, COLORADO ATTEST: gaid ,, .q.,„---2LG, , fir` ') � g W. liam H. Jerke, Chair 1861 fh q� Weld County Clerk tot �B• : ' Aa /Y'1nr u Y BY: Robe .i en, Pro-Tem /' Deputy Clerk • the Board r Wiljfaam F. Garcia APP RM: 'u • k ET ;d;; hrr ng ounty Attorney L�— � �-1 �� o� �/�,, Date of signature: ���croivcf 2008-1704 LC0014 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 JENSEN ENTERTAINMENT LLC T-BONES RESTAURANT AND LOUNGE 3815 HWY 119 LONGMONT CO 80504 ALCOHOLIC BEVERAGE LICENSE Liability Information Account Number County City Indust. Type Liability Date LICENSE EXPIRES AT MIDNIGHT 42-57083-0000 03 206 722110 B 071808 JUL 17, 2009 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 TOTAL FEE(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. JUL 21 2008 k< KA .44 r Division Director Executive Director s W T L y C C g4 5 G ° O 41 42 s = e C u c d a) ro Q [y w o U 7 ^ N - ti w O ttt a G m o 7 3 a P e c) r, a o ❑ Z w a ,� s o o > 0 O WCpJ�V G y T .. v� „"'WI" III ^ o Q o °o .a I iWrY'. —` u o a� E o o v `t •fl (((\\\ `° (P °q y oec 8 in >~ rno E : � m ao D OA l ' 7 7O 5 C w C ro O O 0 u'c , s S Q Pi CC0 J.J In = o a Cr OD N h- '° E"� U ^ �, I W 'N ro J 2 o o o L p w o 0 m U N o a, .a Co v E CI = `v O GC CD Co c m C m a C ..-1E.a • 4-.) ., c s U o b w C > c O r D W C I C E F W o O z T C g o _ H ro m a, al o t c w, iWi H o b o v i a ° o � -/� C . cn AT -A d v +� ro 7 c' ILbI I LO F40` 2 Ca Q H y •ri •rl m a > mwI ! I ! — g W U° 6 ` E-' to a O ILã w 2. VD I�I�I I ^ a4 z z CO —Fu t: )+ o 0 o is c W o W III II IVI III'I I iliel LL v `° ti u. 0 v on E Chi T U C) h w° v 7 .5 u `° W b FN bb I Il h 'D N u !0 J�J 5 N .�' cu; ,T' -, T 7 a W oc0 7 N 1J IF W Cf) sac " gip vas v � � v IIIII I I, F o =" ;9 Z `a we p ' ° I hN,,, �" Fig ❑ }� 7 T `� ro i. y q ..I ro Q,F v C „ a a a b a ° - W z W .D a .o U r0 8 c `c° w cn E" A U >In L C/� ° mo c o ed oZ.�` v .+ o s2 mU -O U -o C C In s _^ F , -.» C cl c ts N a F a' OR 8404(05/17/07)Page 1 21 DEPARTMENT USE ONLY COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION COLORADO LIQUOR DENVER COp 80261 RETAIL LICENSE APPLICATION ❑ NEW LICENSE 73,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 $ • APPUCANT SHOULD OBTAIN A COPY OF THE COLORADO LIQUOR AND BEER CODE(Call 303-370-2165) 1. Applicant is applying as a ❑ Individual E Corporation K Limited Liability Company ❑ Partnership(includes Limited Liability and Husband and Wife Partnerships) ❑ Association or Other 2. Apptlicant If an LLC,name of LLC;if partnership,at least 2 partner's names;if corporation,name of corporation Fein Number P,nsg. E v,,ter fki:..,7re. th1C- 73-0'194065 2a.Trade Name of Establishme, (DBA) Slate Sales Tax No. Business Telephone 86 ee5 iSfaur'ay tz 1f Ly25 0F3 3G3 9� t-5 - � -3i 3. Address of Premises(specify exact location of premises) 3 13 „oy City] _ � � / / County I / St� e� ZIP Code l�Y�/Y k)eld CSC/ kd � 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 �l WI DA f3itr Oct:11 11- `69Y1-OCOD All 4.Z �Pt.41--I XO-) LIAB SECTION A NONREFUNDABLE APPLICATION FEES LJAE SECTIO B(CONT.) IQUOR LICENSE FEES 2300 ❑ Application Fee for New License $1,025.00 1985 El 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 1905 ❑ Retail Gaming Tavern License(City) $500.00 2012 El Manager Registration Tavern $ 75.00 1906 ElRetail Gaming Tavern License(County) $500.00 2020 El Arts License(City) $308.75 1940 ❑ Retail Liquor Store License(City) $227.50 2021 CI Arts License(County) $308.75 1941 CIRetail Liquor Store License(County) $312.50 2030❑Racetrack License(City) $500.00 1950 ElLiquor Licensed Drugstore(City) $227.50 2031❑Racetrack License(County) $500.00 1951 11 Liquor Licensed Drugstore(County) $312.50 2040❑Optional Premises License(City) $500.00 1960 CI Beer and Wine License(City) $351.25 2041❑Optional Premises License(County) $500.00 2045 1961 El Beer and Wine License(County) $436.25 CI Vintners Restaurant License(City) $750.00 1970 ❑ Hotel and Restaurant License(City) $500.00 2046 ID Vintners Restaurant License(County) $750.00 1971 Hotel and Restaurant License(County) $500.00 2220 ElAdd Optional Premises to H&R $100.00 X Total 1975 Brew Pub License(City) $750.00 2370❑Master File Location Fee $ 25.00 X Total_ 1976 ❑ Brew Pub License(County) $750.00 2375 ElMaster File Background $250.00 X_Total 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 county City Industry Type License Account Number Liability Date License Issued Through (Expiration Date) FROM TO State City County Managers Reg -750(999) 2180-100(999) 2190.100(999) -750(999) � C1wh Fund New License Cash Fund Tram's'LicMN / �%l/V4 2300-100 2310-100 TOTAL (999) (999) 2008-1704 LCCLV-t DR 8404(05117/07)Paget 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 .g A. Applicant/Licensee identified. N 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. LI E. Additional information may be required by the local licensing authority. II. DIAGRAM OF THE PREMISES ® A. No larger than 8 1/2"X 11". r'I:1 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). I. B. Fingerprints taken and submitted to local authority. (State authority for master file applicants.) A(.C. Purchase a reement,stock transfer agreement, and or authorization to transfer license. D. List of all notes and loans.") KV. CORPORATE APPLICANT INFORMATION(If Applicable) LI 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). Nir,...... V 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). ley B. Copy of operating agreement. lal C. Certificate of Authority(if foreign company). VI . MANAGER REGISTRATION FOR HOTEL AND RESTAURANT,TAVERN LICENSES WHEN INCLUDED WITH THIS . PLICATION ❑ A. $75.00 fee. ❑ B. Individual History Record(DR 8404-I). OH 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? ❑ kr 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, ❑ ! 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? ❑ 10. Has a liquor or beer license ever been issued to the applicant(including any of the partners,it a partnership;members or manager it 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. &Ail . }/J „Y,88Q,fik t A ❑ 11. Does the Applicant,as listed on line 2 of this application,have legal possession of the premises for at least fygr from the date that this license will be issued by virtue of ownership,lease or other arrangement? ❑ Ownership Lease ❑ Other(Explain in Detail) X ❑ a. If leased,list name of landlord and tenant,and date of expiration,EXACTLY as they appear on the lease: Lia lord. Tenapt Expires be 7 Ef7 terp/LtP s - e te„-fi r N-ra.t act o, 31r 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 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. ❑ X 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 ❑ not for pecuniary gain? (b) Is the applicant organization a regularly chartered branch,lodge or chapter of a national organization which is ❑ fiX 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) r 17a. Name of Manager(for all on-premises applicants) in a J'f ASSC,Y\ (If this is an Date of Birth application for a Hotel,Restaurant or Tavern License,the manager most also submit an Individual History Record(DR 8404-I). to((e7 IrejVp 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? it yes,provide name,type of license and account number. 18. Tax Distraint Information. Does the applicant or any other person listed on this application and including its partners,officers, Yes No directors,stockholders,members(LLC)or managing members(LLC)and any other persons with a 10%or greater financial interest },r in the applicant currently have an outstanding tax distraint issued to them by the Colorado Department of Revenue? ❑ tit If yes,provide an explanation and include copies of any payment agreements. • DR 8404(05117/07)Page 4 19. It 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* An 3 Jr►u,,, ; 4'VTi/fib rlta 7r- 5� N NllRb.c v 0 )049 )yLt,,ne.C b bevt4;er /,)%/ 51 fife"))�f 5 'If total ownership percentage disclosed here does not total 100%applicant must check this box ❑ Applicant affirms that no individual other than these disclosed herein,owns 10%or more of the applicant Additional Documents to be submitted by type of entity ❑ CORPORATION ❑ Cert.of Incorp. ❑ Cert.of Good Standing(if more than 2 yrs.old) ❑ Cert.of Auth.(it a foreign corp.) ❑ PARTNERSHIP ❑ Partnership Agreement(General or Limited) ❑ Husband and Wife partnership(no written agreement) LIMITED LIABILITY COMPANY 4 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 t 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 Sign Titley� Date "/(?/D) 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. } : r (( THE LOCAL LICENSING AUTHORITY HEREBY AFFIRMS: That each person required to file DR 8404-I(Individual History Record)has: Yes No ❑ Been fingerprinted ❑ ❑ ❑ Been subject to background investigation,including NCIC/CCIC check for outstanding warrants ❑ ❑ That the local authority has conducted,or intends to conduct,an inspection of the proposed premises to ensure that the applicant is in compliance with,and aware of,liquor code provisions affecting their class of license ❑ ❑ (Check One) ❑ Date of Inspection or Anticipated Date ❑ 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 meetthe 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, Coloraf 970-356-4000 X4200 ® COUNTY Signature 1n ( g ` Title" '_Chair, Board of County 'Date JUN 1 6 2008 William H. ke Cotif issioners Signature(Attest) Date Clerk'L to the Board JUN 1 6 2008 /By: tiou / Deputy Clerk to the Board t \\u si ' 1 , e_ S ---, I ' (\e' mo,, / c,./ / t ;NAEiTiti+0 21)7M • Id . ' f ttfik ) \ (' ge5t (ei1/4- % ) -. - J2 esfilcank 10 i 49- b ' (via? pa-ri i: 31° ,� II x Colorado Commercial Lease Agreement This Commercial Lease Agreement("Lease") is made and effective November 1. 2007 by and between Jabez Enterprises. LLC("Landlord")and Jensen Entertainment. LLC("Tenant"). Landlord is the owner of land and improvements commonly known and numbered as Mg Highway 119 Longmont. CO 80504 and legally described as follows(the"Building"). Landlord makes available for lease a portion of the Building designated as Restaurant and Bar (the"Leased Premises"). Landlord desires to lease the Leased Premises to Tenant, and Tenant desires to lease the Leased Premises from Landlord for the term, at the rental and upon the covenants,conditions and provisions herein set forth. THEREFORE, in consideration of the mutual promises herein, contained and other good and valuable consideration, it is agreed: 1. Tenn. A. Landlord hereby leases the Leased Premises to Tenant, and Tenant hereby leases the same from Landlord, for an"Initial Tenn" beginning November 1. 2007 and ending October 31, 2012. B.Tenant may renew the Lease for one extended term of 5 wears. Tenant shall exercise such renewal option, if at all, by giving written notice to Landlord not less than ninety(90)days prior to the expiration of the Initial Term. The renewal term shall be at the rental set forth below and otherwise upon the same covenants, conditions and provisions as provided in this Lease. 2. Rental. A. Tenant shall pay to Landlord during the Initial Term rental of$30.000 gross rent(including electric, water and sewer)for the first year, payable in installments of$2,500 per month. Each installment payment shall be due in advance on the first day of each calendar month during the lease term to Landlord at 3815 Highway 119 Longmont. CO 80504. From 2'"year, there will be an increase of$100 monthly rent every year.The rental payment amount for any partial calendar months included in the lease term shall be prorated on a daily basis. B. The rental for any renewal lease term, if created as permitted under this Lease, shall be$100 increase per month every year.. 3. Ufft Notwithstanding the forgoing,Tenant shall not use the Leased Premises for the purposes of storing, manufacturing or selling any explosives,flammables or other inherently dangerous substance, chemical,thing or device. 4. Sublease and Assignment. Tenant shall have the right without Landlord's consent, to assign this Lease to a corporation with which Tenant may merge or consolidate, to any subsidiary of Tenant, to any corporation under common control with Tenant, or to a purchaser of substantially all of Tenant's assets. Except as set forth above,Tenant shall not sublease all or any part of the Leased Premises,or assign this Lease in whole or in part without Landlord's consent,such consent not to be unreasonably withheld or delayed. 5. Repairs. During the Lease term, Tenant shall make, at Tenants expense, all necessary repairs to the Leased Premises. Repairs shall include such items as routine repairs of floors, walls, ceilings, and other parts of the Leased Premises damaged or worn through normal occupancy, except for major mechanical systems or the roof, subject to the obligations of the parties otherwise set forth in this Lease. 6. Alterations and Improvements. Tenant,at Tenants expense, shall have the right following Landlord's consent to remodel, redecorate,and make additions, improvements and replacements of and to all or any part of the Leased Premises from time to time as Tenant may deem desirable, provided the same are made in a workmanlike manner and utilizing good quality materials.Tenant shall have the right to place and install personal property,trade fixtures,equipment and other temporary installations in and upon the Leased Premises,and fasten the same to the premises.All personal property, equipment, machinery, trade fixtures and temporary installations, whether acquired by Tenant at the commencement of the Lease term or placed or installed on the Leased Premises by Tenant thereafter, shall remain Tenant's property free and clear of any claim by Landlord. Tenant shall have the right to remove the same at any time during the term of this Lease provided that all damage to the Leased Premises caused by such removal shall be repaired by Tenant at Tenants expense. 7. Property Taxes. Landlord shall pay, prior to delinquency, all general real estate taxes and installments of special assessments coming due during the Lease term on the Leased Premises, and all personal property taxes with respect to Landlord's personal property, if any, on the Leased Premises. Tenant shall be responsible for paying all personal property taxes with respect to Tenants personal property at the Leased Premises. 8. Insurance. A. If the Leased Premises or any other part of the Building is damaged by fire or other casualty resulting from any act or negligence of Tenant or any of Tenants agents, employees or invitees, rent shall not be diminished or abated while such damages are under repair, and Tenant shall be responsible for the costs of repair not covered by insurance. B. Landlord shall maintain fire and extended coverage insurance on the Building and the Leased Premises in such amounts as Landlord shall deem appropriate.Tenant shall be responsible, at its expense,for fire and extended coverage insurance on all of its personal property, including removable trade fixtures, located in the Leased Premises. C. Tenant and Landlord shall, each at its own expense, maintain a policy or policies of comprehensive general liability insurance with respect to the respective activities of each in the Building with the premiums thereon fully paid on or before due date, issued by and binding upon some insurance company approved by Landlord, such insurance to afford minimum protection of not less than$1,000,000 combined single limit coverage of bodily injury, property damage or combination thereof. Landlord shall be listed as an additional insured on Tenants policy or policies of comprehensive general liability insurance, and Tenant shall provide Landlord with current Certificates of Insurance evidencing Tenants compliance with this Paragraph. Tenant shall obtain the agreement of Tenants insurers to notify Landlord that a policy is due to expire at least(10)days prior to such expiration. Landlord shall not be required to maintain insurance against thefts within the Leased Premises or the Building. 9. Utilities. Tenant shall pay all charges for gas, trash, telephone and other services and utilities used by Tenant on the Leased Premises during the term of this Lease unless otherwise expressly agreed in writing by Landlord.Water,electric, and sewer will be included in gross rent. Tenant shall not use any equipment or devices that utilizes excessive electrical energy or which may, in Landlord's reasonable opinion, overload the wiring or interfere with electrical services to other tenants. 10. Slane. Following Landlord's consent, Tenant shall have the right to place on the Leased Premises, at locations selected by Tenant, any signs which are permitted by applicable zoning ordinances and private restrictions. Landlord may refuse consent to any proposed signage that is in Landlord's opinion too large, deceptive, unattractive or otherwise inconsistent with or inappropriate to the Leased Premises or use of any other tenant. Landlord shall assist and cooperate with Tenant in obtaining any necessary permission from governmental authorities or adjoining owners and occupants for Tenant to place or construct the foregoing signs.Tenant shall repair all damage to the Leased Premises resulting from the removal of signs installed by Tenant 11. gat Landlord shall have the right to enter upon the Leased Premises at reasonable hours to inspect the same, provided Landlord shall not thereby unreasonably interfere with Tenants business on the Leased Premises. 12. Parkins. During the term of this Lease, Tenant shall have the non-exclusive use in common with Landlord, other tenants of the Building, their guests and invitees, of the non-reserved common automobile parking areas, driveways, and footways, subject to rules and regulations for the use thereof as prescribed from time to time by Landlord. Landlord reserves the right to designate parking areas within the Building or in reasonable proximity thereto, for Tenant and Tenants agents and employees. 13. Damage and Destruction. Subject to Section 8 A above, if the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for Tenants purposes, then Tenant shall have the right within ninety(90)days following damage to elect by notice to landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenants purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictions , inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord.Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenants purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part,for Tenant's purposes. 14. Default If default shall at any time be made by Tenant in the payment of rent when due to Landlord as herein provided, and if said default shall continue for fifteen(15)days after written notice thereof shall have been given to Tenant by Landlord, or if default shall be made in any of the other covenants or conditions to be kept, observed and performed by Tenant, and such default shall continue for thirty(30)days after notice thereof in writing to Tenant by Landlord without correction thereof then having been commenced and thereafter diligently prosecuted, Landlord may declare the term of this Lease ended and terminated by giving Tenant written notice of such intention, and if possession of the Leased Premises is not surrendered, Landlord may reenter said premises. Landlord shall have, in addition to the remedy above provided, any other right or remedy available to Landlord on account of any Tenant default, either in law or equity. Landlord shall use reasonable efforts to mitigate its damages. 15. Quiet Possession. Landlord covenants and warrants that upon performance by Tenant of its obligations hereunder, Landlord will keep and maintain Tenant in exclusive, quiet peaceable and undisturbed and uninterrupted possession of the Leased Premises during the term of this Lease. 16. Condemnation. If any legally, constituted authority condemns the Building or such part thereof which shall make the Leased Premises unsuitable for leasing, this Lease shall cease when the public authority takes possession, and Landlord and Tenant shall account for rental as of that date. Such termination shall be without prejudice to the rights of either party to recover compensation from the condemning authority for any loss or damage caused by the condemnation. Neither party shall have any rights in or to any award made to the other by the condemning authority. 17. Subordination. Tenant accepts this Lease subject and subordinate to any mortgage,deed of trust or other lien presently existing or hereafter arising upon the Leased Premises,or upon the Building and to any renewals, refinancing and extensions thereof, but Tenant agrees that any such mortgagee shall have the right at any time to subordinate such mortgage, deed of trust or other lien to this Lease on such terms and subject to such conditions as such mortgagee may deem appropriate in its discretion. Landlord is hereby irrevocably vested with full power and authority to subordinate this Lease to any mortgage, deed of trust or other lien now existing or hereafter placed upon the Leased Premises of the Building, and Tenant agrees upon demand to execute such further instruments subordinating this Lease or attorning to the holder of any such liens as Landlord may request In the event that Tenant should fail to execute any instrument of subordination herein require d to be executed by Tenant promptly as requested,Tenant hereby irrevocably constitutes Landlord as its attorney-in-fact to execute such instrument in Tenant's name, place and stead, it being agreed that such power is one coupled with an interest Tenant agrees that it will from time to time upon request by Landlord execute and deliver to such persons as Landlord shall request a statement in recordable form certifying that this Lease is unmodified and in full force and effect(or it there have been modifications, that the same is in full force and effect as so modified), stating the dates to which rent and other charges payable under this Lease have been paid, stating that Landlord is not in default hereunder(or if Tenant alleges a default stating the nature of such alleged default)and further stating such other matters as Landlord shall reasonably require. 18. Noce. Any notice required or permitted under this Lease shall be deemed sufficiently given or served if sent by United States certified mail, return receipt requested, addressed as follows: If to Landlord to: Mike Kim 3815 Highway 119. Longmont CO 80504 If to Tenant to: Tony Jensen 3815 Hiohwav 119. Longmont CO 80504 Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under this paragraph by written notice thereof to the other party. 19. Memorandum of Lease. The parties hereto contemplate that this Lease should not and shall not be filed for record, but in lieu thereof,at the request of either party, Landlord and Tenant shall execute a Memorandum of Lease to be recorded for the purpose of giving record notice of the appropriate provisions of this Lease. 20. Successors. The provisions of this Lease shall extend to and be binding upon landlord and Tenant and their respective legal representatives,successors and assigns. 21. Performance. If there is a default with respect to any of Landlord's covenants,warranties or representations under this Lease, and if the default continues more than fifteen(15)days after notice in writing from Tenant to Landlord specifying the default, Tenant may,at its option and without affecting any other remedy hereunder,cure such default and deduct the cost thereof from the next accruing installment or installments of rent payable hereunder until Tenant shall have been fully reimbursed for such expenditures,together with interest thereon at a rate equal to the lessor of twelve percent(12%)per annum or the then highest lawful rate. If this Lease terminates prior to Tenants receiving full reimbursement, Landlord shall pay the unreimbursed balance plus accrued interest to Tenant on demand. 22. Compliance with Law. Tenant shall comply with all laws,orders,ordinances and other public requirements now or hereafter pertaining to Tenant's use of the Leased Premises. Landlord shall comply with all laws, orders, ordinances and other public requirements now or hereafter affecting the Leased Premises. 1' • 23. Final Agreement This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties. 24. Govemina Law. This Agreement shall be governed, construed and interpreted by,through and under the Laws of the State of Colorado. IN WITNESS WHEREOF,the parties have executed this Lease as of the day and year first above written. r /o ,,//07 Mike Kim, President, Jabez Enterprises, LLC Tony n silent,Jensen Entertainment, LLC /'� j DR 8404•I (01/06/05) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1881 PIERCE STREET RM 108A DENVER CO 80261 INDIVIDUAL HISTORY RECORD To be completed by each individual applicant,all general partners of a partnership,and limited partners owning 10%(or more) of a partnership; all officers and directors of a corporation, and stockholders of a corporation owning 10% (or more) of the stock of such corporation; all limited liability company MANAGING members, and officers or other limited liability company members with a 10%(or more)ownership interest in such company and all managers of a Hotel and Restaurant or a Tavern License. NOTICE: This individual history record provides basic information which is necessary for the licensing authority investigation. All questions must be answered in their entirety or your application may be delayed or not processed. EVERY answer you give will be checked for its truthfulness.A deliberate falsehood or omission will jeopardize the application as such falsehood within itself constitutes evidence regarding the character of the applicant. 1.Name of B siness f / -� ✓ ZS ( LLCQ d 644.7L- 2. Your Full Name(last,first,middle) 8 List a y other names you have used. ..JP.a25�L ) �otfha_n Lee �/6 � '_/ ' 4.Mailing address(if different from resides ) Home Tele hone 3c,,; -k3(/- x/73 5.List all residence addresses below.Include current and previous addresses for the past five years. STREET AND NUMBER ' CITY,STATE, ZIP FROM TO Current L J L�U�LC l YLQYL L � (�L� l J ere �/_e .s a��v - e7 .�r . / f Previous '6.List all current and former employers or businesses engaged in within the last five years(Attach separate sheet if necessary) NAME OF EMPLOYER ADDRESS(STREET, NUMBER,CITY,STATE, ZIP) POSITION HELD FROM TO �40,-('ad )961 , --/�� be,poir C1,6 oily 7.List the name(s)of relatives working in or holding a financial interest in the Colorado alcohol beverage industry. NAME OF RELATIVE RELATIONSHIP TO YOU POSITION HELD NAME OF LICENSEE • 8.Have you ever applied for,held,or had an interest in a State of Colorado Liquor or Beer License,or loaned money,furniture or fixtures,equipment or inventory,to any liquor or beer licensee? If yes,answer in detail. O Yes p4No 9.Have you ever received a violation notice suspension or revocation,for a liquor law violation,or have you applied for or been denied a liquor or beer license anywhere in the U.S.?If yes,explain in detail. E Yes ANo 10.Have you ever been convicted of a crime or received a suspended sentence,deferred sentence,or forfeited bail for any offense in criminal or military court or do you h ve any charges pending?Include arrests for DUI and DWAI.(If yes,explain in detail.) ❑Yes No 11.Are you currently under probation(supervised or unsupervised),parole,or completing the requirements of a deferred sentence? (if yes,explain in detail.) ❑Yes No 12.Have you ever had any STATE issued licenses suspended,revoked,or denied including a drivers license? (If yes,explain in detail.) nYes A/I No 7C PERSONAL AND FINANCIAL INFORMATION Unless otherwise provided by law in 24-72-204 C.R.S.,information provided below will be treated as CONFIDENTIAL. Colorado liquor licensing authorities require the following personal information in order to determine your suitability for licensure pursuant to 12-47-307 C.R.S. 13a.D to of Birth Bip b.Social Security Number SSN c.Place of Birth Y1� d.U.S.Citizen? 56//'? Plk6 J/ / b�-J�3`/� ��LE1.1'1..Y?c1 ) i L� XYes ❑No e.If aturalized,State where f.When g.Name of District Court h.Naturalization Certificate Number I.Date of Certification j.If an Alien,Give Alien's Registration Card Number k.Permanent Residence Card Number I.Height m.Weight n.Hair Color o.Eye Color p.Sex q.Race r.Do you have a current Driver's License?If so,give number and state 5/D o4(2,5 L3rown at h) Ca..c„A(.e., CNYes ❑No y'7- Os/i- 053 `-/ CD 14.Financial Information. a.Total purchase price$ /''5r Z'ee (if buying an existing business)or investment being made by the applying entity,corporation, partnership,limited liability company,other$ b.List the total amount of your investment inthis business including any notes,loans,cash,services or equipment,operating capital, / stock purchases and fees paid$ Wal c.Provide details of Investment. You must account for the sources of ALL cash(how acquired).Attach a separate sheet if needed. Type:Cash,Services or Equipment Source:Name of Bank;Account Type and Number Amount d.Loan Information(attach copies of all notes or loans) Name of Lender and Account Number Address Term Security Amount t- -e- /0/A $yr. /iVit rids,Gab 15.Give name of bank where business account will be maintained;Account Name and Account Number;and the name or names of persons uthorized to draw thereon. 1 7- ��kd- qn-ccc.uy' �.�.,'� Len--5_,-2— St /bq 005311 , /O� Jam �-,. c,„ H e-J 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. AutiQda. ,'gn3tyl'e- Titlr, Date Page 1 of 1 THE CRIMINAL JUSTICE RECORD INFORMATION YOU REQUESTED FOR NAME: JENSEN, ANTHONY LEE DOB: 06/19/1966 SSN: 517805340 NO COLORADO RECORD OF ARREST HAS BEEN LOCATED BASED ON INFORMATION PROVIDED. THE COLORADO BUREAU OF INVESTIGATION'S DATABASE CONTAINS DETAILED INFORMATION OF ARREST RECORDS BASED UPON FINGERPRINTS PROVIDED BY COLORADO LAW ENFORCEMENT AGENCIES. ARRESTS, WHICH ARE NOT SUPPORTED BY FINGERPRINTS, WILL NOT BE INCLUDED IN THIS DATABASE. ADDITIONALLY, WARRANT INFORMATION, SEALED RECORDS AND JUVENILE RECORDS ARE NOT AVAILABLE TO THE PUBLIC. THE CRIMINAL HISTORY SEARCH WAS BASED UPON THE CRITERIA (NAME, DOB, ETC) FURNISHED. THIS SEARCH DOES NOT INCLUDE A FINGERPRINT COMPARISON, WHICH IS THE ONLY MEANS OF POSITIVE IDENTIFICATION. SINCE A RECORD MAY BE ESTABLISHED AFTER THE TIME THE REPORT WAS REQUESTED, THE "NO ARREST" DATA VERIFICATION IS ONLY VALID AS OF THE DATE AND TIME ISSUED. THEREFORE, IF THERE IS A SUBSEQUENT NEED FOR THE RECORD, IT IS RECOMMENDED THAT ANOTHER CHECK BE MADE. FALSIFYING OR ALTERING THIS DOCUMENT WITH THE INTENT TO MISREPRESENT THE CONTENTS OF THE RECORD IS PROHIBITED BY LAW, AND MAY BE PUNISHABLE AS A FELONY WHEN DONE WITH THE INTENT TO INJURE OR DEFRAUD ANY PERSON. COLORADO BUREAU OF INVESTIGATION DATE:6/3/2008 1:32:44 PM(MT) https://www.cbi recordscheck.com/Common/indivcheckResult_Si ng le.asp?KTICHC... 6/3/2008 Page 1 of 2 Jennifer VanEgdom From: Anthony Jensen [tboneslounge@yahoo.com] Sent: Tuesday, June 03, 2008 7:03 PM To: Jennifer VanEgdom Subject: Re: Liquor License Request Jenny, The background check I currently have was performed by the Department of Homeland Security. It is not a security clearance but rather, an extensive criminal history check of both the local and FBI databases. This is required of any contractors working in federal buildings and especially the Federal Courthouses. I had my first background check completed in 2002. The requirements had changed recently and all contractor were required to undergo a new background investigation. I received my new authorization for the federal buildings October 2007. The FBI also requires a separate background check for anyone working in any of their area. That background check was completed summer 2005. I hope this helps. Regards, Tony Jensen Original Message ---- From: Jennifer VanEgdom<jvanegdom@co.weld.co.us> To: tboneslounge@yahoo.com Sent: Thursday, May 29, 2008 10:01:04 AM Subject: Liquor License Request Hi Tony, As we discussed on the phone, please e-mail a description of your previous background check completed for your previous employment. Thanks so much! 6/4/2008 January 6, 2008 To whom it may concern, I have known Tony Jensen for 5 1/2 years. I have always considered him to be trustworthy and of good moral character. Sincerely, Keith Brock 1308 South Dusk Drive Milliken, CO 80543 970-301-6014 January 6, 2008 To whom it may concern, I have known Tony Jensen for 8 1/2 years and work with him for the last 5 years. I have always considered him to be trustworthy and of good moral character. Sincerely, John Marino 2170 Harvard St. Longmont, CO 80503 303-434-6046 January 6, 2008 To whom it may concern, I have known Tony Jensen for 3 years. I have always considered him to be trustworthy and of good moral character. Sincere Rick Troupe 1224 Button Rock Dr. Longmont, CO 80501 303-458-0198 DR 8404-1 (01/06/05) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1881 PIERCE STREET RM 108A DENVER CO 80261 INDIVIDUAL HISTORY RECORD To be completed by each individual applicant, all general partners of a partnership,and limited partners owning 10%(or more)of a partnership; all officers and directors of a corporation, and stockholders of a corporation owning 10% (or more) of the stock of such corporation; all limited liability company MANAGING members, and officers or other limited liability company members with a 10% (or more)ownership interest in such company and all managers of a Hotel and Restaurant or a Tavern License. NOTICE:This individual history record provides basic information which is necessary for the licensing authority investigation. All questions must be answered in their entirety or your application may be delayed or not processed. EVERY answer you give will be checked for its truthfulness.A deliberate falsehood or omission will jeopardize the application as such falsehood within itself constitutes evidence regarding the character of the applicant. 1.Name of Business T I oNeS �ES��9Nf 141ti� LoufYjL 2.Your Full Name(last,first,middle) 3.List any other names you have used. I4 f S 12O J4Id /Co !le1~f DOA/ 4.Mailing address(if different from residence) Home Telephone 30r 57q'/YW 5.List all residence addresses below.Include current and previous addresses for the past five years. STREET AND NUMBER CITY,STATE, ZIP FROM TO Current aotq MONK-o iefirKW14y °WVei , CO. 3Oa)D R0D0 2067 Previous 6.List all current and former employers or businesses engaged in within the last five years(Attach separate sheet if necessary) NAME OF EMPLOYER ADDRESS(STREET, NUMBER,CITY,STATE, ZIP) POSITION HELD FROM TO //)201) 4,04 Ce. 5'0 13fonelk fy, Deivv OWA/e4 ,D8/ 10 7 Co. l3 oao.1 7.List the name(s)of relatives working in or holding a financial interest in the Colorado alcohol beverage industry. NAME OF RELATIVE RELATIONSHIP TO YOU POSITION HELD NAME OF LICENSEE 8.Have you ever applied for,held,or had an interest in a State of Colorado Liquor or Beer License,or loaned money,furniture or fixtures,equipment or inventory,to any liquor or beer licensee?If yes,answer in detail. ®yes No 1/4:f Do l3 ( C Q nl,it ivy ' dill/ /f f yeiig 1 4/ , ,t re/Vew' i f 9.Have you ever received a violation notice suspension or revocation,for a liquor law violation,or have you applied for or been denied a liquor or beer license anywhere in the U.S.?If yes,explain in detail. 0 Yes gc No 10.Have you ever been convicted of a crime or received a suspended sentence,deferred sentence,or forfeited bail for any offense in criminal or military court or do you have any charges pending?Include arrests for DUI and DWAI.(If yes,explain in detail.) RI Yes 0 N / f ) q / / 0 U I i ft,) 13`21 l d e ca , (JLL4/ 6 8 1,Jgp/°,0)4,iZ�F'Tr' (We) 11.Are you urrently under probation(supervised or unsupervised),parole,or completing the requirements of a deferred sentence? (if yes,explain in detail.) ❑Yes No 12. Have you ever had any STATE issued licenses suspended,revoked,or denied including a drivers license? (If yes,explain in detail.) El Yes iy:No PERSONAL AND FINANCIAL INFORMATION Unless otherwise provided by law in 24-72-204 C.R.S.,information provided below will be treated as CONFIDENTIAL. Colorado liquor licensing authorities require the following personal information in order to determine your suitability for licensure pursuant to 12-47-307 C.R.S. 13a.Date of Birth b.Social Security Number SSN c.Place of Birth d.U.S.Citizen? 3 -A?-5y 5 7 Y-2.065 :0ckJ•V/1 Rs XIYes E]No e.If Naturalized,State where f.When 'g.Name of District Court h.Naturalization Certificate Number i.Date of Certification j.If an Alien,Give Alien's Registration Card Number k.Permanent Residence Card Number I.Height m.Weight n.Hair Color o.Eye Color p.Sex q.Race r.Do you have a current Driver's License?If so,give number and state 5'9 '' 12 5 &owN 6recN Al L1/ XYes ❑No [c 14.Financial Information. f a.Total purchase price$ a S, 00 0 (if buying an existing business)or investment being made by the applying entity,corporation, partnership,limited liability company,other y b.List the total amount of your investment in this business including any notes,loans,cash,services or equipment,operating capital, stock purchases and fees paid$ 1' 5CE) c.Provide details of Investment. You must account for the sources of ALL cash(how acquired).Attach a separate sheet if needed. Type:Cash,Services or Equipment Source:Name of Bank;Account Type and Number Amount d.Loan Information(attach copies of all notes or loans) Name of Lender and Account Number Address Term Security Amount Loi44' Oro r� Iry i r'1fence lu/ 5y,- i ilVe _ )2s, eo o 15.Give name of bank where business account will be maintained;Account Name and Account Number;and the name or names of persons authorized to draw ereon Y 2 �� ,� _ L4MpAss 15Mi� — l��Ot l9 -J t:/v�eiv' I:Ail Z!1, C i it / lit)/Yet IPf)(rp! 1 i teltly ) 0 Ply 7eitud. e Ai 47t../‘( )a Al /171/(AI d i 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. Aut or ed SignatutV Title ,(� Date Page 1 of 2 ATTN: PUB ATTENTION: VANEGDOM, JENNIFER COLORADO BUREAU OF INVESTIGATION - CRIME INFORMATION CENTER 690 KIPLING STREET, #3000, DENVER, COLORADO 80215 303/239-4208 NAME(S) USED: HINES, DONALD R PHYSICAL: W M 508 180 BRO/GRN SKIN: DATE(S) OF BIRTH: 032954 PLACE(S) OF BIRTH: MS CONTRIBUTOR / NAME / CHARGE / ARREST# DATE DISPOSITION PD BOULDER HINES, DRIVING UNDER INFLUENCE LIQUOR ARREST # A00058266 DONALD R MISDEMEANOR DATE - 04/13/95 MNU:OA-B0051099 ITEM #001/002 PD BOULDER HINES, TRAFFIC OFFENSE ARREST # A00058266 DONALD R TRAFFIC CONTROL SIGNAL LEGEND DATE - 04/13/95 MISDEMEANOR MNU:OA-B0051099 ITEM #002/002 --- END OF RECORD MEETING DISSEMINATION CRITERIA --- ----DATE:6/3/2008 1:34:43 PM(MT) ---- *** CRIMINAL JUSTICE AGENCIES MAY NOT HAVE PROVIDED ALL ARRESTS, *** *** CHARGES OR DISPOSITIONS TO THE CBI. THIS RECORD SHOWS ALL *** *** ARRESTS, CHARGES & DISPOSITIONS THAT WERE PROVIDED, UNLESS *** *** ACCESS TO THEM HAS BEEN LIMITED BY COURT ORDER. *** *** FALSIFYING OR ALTERING THIS RECORD WITH THE INTENT TO *** *** MISREPRESENT THE CONTENTS OF THE RECORD IS PROHIBITED BY *** *** LAW, AND MAY BE PUNISHABLE AS A FELONY WHEN DONE WITH THE *** *** INTENT TO INJURE OR DEFRAUD ANY PERSON. *** (c)Copyright KT International,Inc. -All rights reserved 2002 https://www.cbi recordscheck.com/Common/i nd ivcheckResult_Si ng le.asp?KTICHC... 6/3/2008 01/10/2008 10:46 TEL U001 01-10-08 Mt Clerk to the Board I had a Beer and wine license for Yazoo BBQ Company for one year at 215[i Broadway,Denver,Co 80205. I only have around 600 sqft of space during the winter and beer sales were v,•ry slow during that time,so I did not renew my license.I had this license around October 2004 to October 2005. If you need further information please contact me at 303.579.1941 Sincerely,%AA. ) /J 4 1 Don Hines June 11,2008 To Whom it may concern: I Don Hines made a bad decision 13 years ago and was arrested on a DUI charge. I fullfilled all obligations required by me and regret the experience. I do not see any further problems in that matter. Sincerely, Don Hines 303.579.1941 January 3, 2008 To Whom It May Concern: My name is Jill Fetherling, and I am writing on behalf of Don Hines. Please accept this letter as a character reference for Don, in favor of his request for a liquor license to augment his business. I have known Don for four years, and can say, with confidence, that he is trustworthy, honorable, and a reliable person. It is without any qualms that I recommend that Don be granted a license to sell liquor in his business. Please do not hesitate to contact me if you have any further questions or require any additional information. Sincerely, Jill Fetherling 788 Fairfax Street Denver, CO 80220 (720) 219-6112 January 2, 2008 To Whom It May Concern: My name is Steve Weber(address below) and I writing this letter at the request of Don Hines. Mr. Hines asked for a letter from me as a character reference to support his desire to add a liquor license to his business. I have known Don Hines of over five years and have come to know him as an honest person with integrity. I have no reservation recommending that Don receive a license to sell liquor in his business. Feel free to contact me for any questions regarding this matter. Sincerely,'' // v Steve Weber 21712 E Kent Drive Aurora, CO 80018 (303) 690-3655 COZEN O'CONNOR ATTORNEYS A PROFESSIONAL CORPORATION 707 17th STREET SUITE 3100 DENVER,CO 80202 720.479.3900 877.467.0305 720.479.3890 FAX www cozen com January 3, 2008 Jason D.Melichar Direct Phone(720)479-3932 jmelichar cozen.com VIA E-MAIL ATTORNEY-CLIENT COMMUNICATION Re: Don Hines Letter of Recommendation To Whom It May Concern: I am writing in order to provide my opinion concerning Mr. Hines and the approval of a liquor license. Mr. Hines is an upstanding member of the community in the Denver Metro area and it is my opinion that the approval of the liquor license at issue for Mr. Hines and his business would not be a problem. I have known Mr. Hines in a personal and professional capacity as his corporate counsel and he has always conducted himself with the utmost integrity and professionalism. Should you have any questions,please do not hesitate to contact me. Very truly yours, COZEN O'CONNOR By: Jason D. Melichar BILL OF SALE OF BUSINESS For good and sufficient consideration, in the amount of $125,000 which includes $10,000 for existing saleable inventory of goods, receipt of which is hereby acknowledged, the undersigned Simon Corporation hereby sells, transfers and conveys to Jensen Entertainment LLC: 1. All and singular, the goods and chattels, property and effects, listed in Schedule A annexed hereto, which is incorporated herein and made a part hereof; and 2. The whole of the good will of Simon's Bar and Grill formerly operated by the undersigned, which is the subject of this sale. The undersigned warrants that said goods and chattels are free and clear of all encumbrances, that it has full right and title to sell the same, and that it will warrant and defend the same against the claims and demands of all persons. The undersigned hereby warrants and covenants that I shall not within 5 years of the date of this instrument engage in the business of restaurant and lounge within 5 miles. Dated: / ( 7 — c't l _ oP Witness viv Commission Expires:07/22/04 Seller O H Q ao Z O LL N m m rn or m a`) r ro O ° o m N.- a) X O O co O O N H V H 2 >< X C N a O 0 0 N 00) a co V) a P d m j a) a) H0 -co T G a a O.U (/J a) U 0 Y 9 a) co COC O CO 5 L L E O > E CO Ea) a) a) 0 U E 0 vou 000) CCU' h U) z > om F- D @rrr V 't 'tt rNNc- 0 a E N • w E G _ m m a o U • E m N 3 m 0 .n U a N E 0 C U r c a) m .0 a) To ._ U 0 J CO C a) to" r 0) 0 N '0 T CO E oi �' 0 'O m a E .o co ` a a. a) C Y a O a U O J a) F-' R La 0) H z, C') H N C V) 0 O y E 'p C E U O L U P < CD C_ C_ CD ai E d a) r 0 d m U 3 O Y m CO m m 1°W CO " m amcc co a Cr 0 d m m 3 m in v) F d a) ca aa1 r C rU— C U O N N U 501 ° 03 °)CD N a O aJ N 'Ea a) .U CO O- a) N 3 � 0 O 0 0 0 a N Y d "' (n O a) Y w U U a= a1 p,_ ...in:q.) O _• a) U O l0 Co a n, (n 0. F- p Y of H O [D N d > >> E :'="c UN '0 s.- CO 0 Y cc s' x K m E. O 2 rn CO H d = IX CO co u r `m x Enna I i c u U Q o m m t o ea' a = y F S E a L � rn a U 41 0 T H . C C O L N W C C N Y a) -:=- , 20 „ 0 .- 2 N o..)e 0 0 E O 0 J U E C U Cl) 0 a) F 0 C 0 O a a) am m N H _) D. ) .- L m c cc cc a 0 H ca a) co 0 m N O O � ao d' o dQ c' ❑ ❑ Q) 2U2 iTMQ ❑ V) _ EUUQ) rNi5Q > 5 mU QU Norocoroup N CO O Z M r O) v m n v co m v co co 'at ' al u) r a) (0 N O N (I) CD r O a 5 ± w r cu r a) 2 m D co w Q N a) O a- N V a a) o) co n m o) O) a U Cu V a) ll- 'O O C N O 2 r E a p U cu 1° m t° m 5 0 O Cu w Y 8 p N O O) a) o a) K m m O O) moo ca 5 = 2m O. o(o Ea) aa)) m 5zw 5x < DI- > E _ n ¢ a (n cc _D C N r r CO CO O O CD E a o y _ C a a) o o co E co Y co lo c) y y 0 coa)) a) y - n y y o 0 a) d `_ E E C C O C y a) rJ CO y a a. O y a) y T U N 15 CO -Co C n N N E E y y O 3 O1 - y d O C co y y Cl.C O)a D - N O o , y y y yCD C p C C .� C C C a L y C a 5 aJ (>p (>p C C C C C y y y a] a) O V y y N a) E 'o x m °) 1° m M m N E m o o �° ^° %° in 3 '� an v (�° op "� ' 3 m o '0 t? a) . y a) a) UJ = — a) y m a= cot p O co (/) (n d N N a) E .4' m y 2a2 l0 3 C lL N (DOO a yO r) rOU O: 3 C mO � M NCOrN O) a) r a) .y.. ._>° Yp 2 G Th N C go (J O ~ U ° O o 3>p a N N 2 CO O p V U a) a) a) a) a) '> m a n y a) Y U n G= a t U 2 a W Y C ) T a) ill �j LL U O O LL aJ N- o a"" m (a CO CO CO CO y L d O 'p V y VCD V 'O '(p y V O m '� g Y > > E 0 > s nap n 1- .o 2 E El- n a n n c d Y t o o two 0 0 0 r m a) a) )O a) 0 O O O c O C1 d rn 00 L as a) 4 'C CD C O O a) m al a) a) a) C — 0 u) W yi N N - N E 0 Cr OM V > UUUvON W OODSO W 0000- aaaa (n3 (OO « co « aazHF ASSET PURCHASE AGREEMENT This Purchase and Sales Agreement made by and between Simon Corporation of Longmont, Colorado (Seller), and Tony Jensen of Longmont, Colorado (Buyer). Whereas, for good consideration the parties mutually agree that: 1. Seller agrees to sell, and Buyer agrees to buy the following described property: A Mexican/American food restaurant and lounge business (no real estate) located at 3815 Hwy 119, Longmont, Colorado 80501. Contingent upon Buyer being able to secure acceptable and reasonable bank financing. 2. Buyer agrees to pay to Seller and Seller agrees to accept as total purchase price the sum of One Hundred Fifty Thousand Dollars($125,000),payable as follows: $125,000 payable by delivery of cash, bank or certified check. 3. Seller warrants it has good and legal title to said property, full authority to sell said property, and that said property shall be sold by warranty bill of sale free and clear of all liens, encumbrances, liabilities and adverse claims of every nature and description whatsoever. 4. Said property is sold in "as is" condition, Seller disclaiming any warranty of merchantability, fitness or working order or condition of the property except that is shall be sold in it present condition,reasonable wear and tear excepted. 5. The parties agree to transfer title on (Date to be Determined Based on Pending Buyer Financing), 2007, at the address of the Seller. 6. This agreement shall be binding upon and inure to the benefit of the parties, their successors, assigns and personal representatives. 7. Seller agrees to a non-compete agreement to not own and/or operate any business, in any form that would compete with afore mentioned business with in the next five (5; years within a five (5)mile radius of afore mentioned business. Signed this y day of 1; ,s,2007 (year). Witness Se er Witness cam— B Pavlof! COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division 1375 Sherman St,Denver CO 80261 September,2005 AFFIDAVIT OF TRANSFER AND STATEMENT OF COMPLIANCE Pursuant to the requirements of 12-47-303(3)(b),Colorado Revised Statutes, Licensee hereby states that all accounts for alcohol beverages sold to the Applicant are: ):S: Paid in full.There are no outstanding accounts with any Colorado Wholesalers. p Licensee hereby certifies that the following is a complete list of accounts for alcohol beverages that are unpaid: Licensee and Applicant agree that all accounts will be paid for from the proceeds at closing by the: El Licensee ❑Applicant Ei Licensee unavailable to certify disposition of accounts for alcohol beverages - Inventory list attached. Transfer by operation of law- Regulation 47-304. o Applicant will assume full responsibility for payment of the outstanding accounts as listed above. o No alcohol beverage inventory transferred or sold. Licensee hereby authorizes the transfer of its Colorado Retail Liquor License to the Applicant, its agent, or a company, corporation, partnership or other business entity to be formed by the Applicant. ��\\ Dated this /7 day of bee_.- , 2007 . Seller: Buyer: .5-'//no,✓ 69/ e /V--4 44/ -OO0b 5414, Ettt?r 7`Gc4.:,4 mcc&t LW_ Licensee & License Number Applicant / Trade name Trade name Signature Signat P/2,—.—s/l -- ---- --- . _. Position Position 0//''lvA/ Rc y(i -71)n y Jeri j v..._ Print Name Print Name Colorado Secretary of State Filed Date and Time: 09/25/2007 12:39 PM Document processing fee Id Number: 20071438463 If document is filed on paper $125.00 If document is filed electronically $ 25.00 Document number: 20071438463 Fees&forms/cover sheets are subject to change. To file electronically,access instructions for this form/cover sheet and other information or print copies of filed documents,visit www.sos.state.co.us and select Business Center. Paper documents must be typewritten or machine printed. ABOVE SPACE FOR OFFICE USE ONLY Articles of Organization filed pursuant to §7-90-301,et seq. and §7-80-204 of the Colorado Revised Statutes(C.R.S) 1.Entity name: Jensen Entertainment, LLC (The name of a limited liability company must contain the term or abbreviation"limited liability company", "ltd.liability company" "limited liability co." "ltd.liability Co.", "limited", "Ilc", "lie.",or"ltd"§7-90-601,C.R.S) 2. Use of Restricted Words(f any of these terms are contained in an entity name,true 0 "bank"or"trust"or any derivative thereof name of an entity,trade name or trademark 0 "credit union" ❑ "savings and loan" stated in this document,mark the applicable ❑ "insurance","casualty","mutual",or"surety" box): 3.Principal office street address: 2295 Dexter Drive (Street name and number) Longmont CO 80501 (City) (State) (Postal/Zip Code) United States (Province-if applicable) (Country-if not US) 4.Principal office mailing address (if different from above): (Street name and number or Post Office Box information) (City) (State) (Postal/Zip Code) (Province-if applicable) (Country-if not US) 5. Registered agent name (if an individual): Jensen Anthony Lee (Last) (First) (Middle) (Suffix) OR(if a business organization): 6.The person identified above as registered agent has consented to being so appointed. 7.Registered agent street address: 2295 Dexter Drive (Street name and number) Longmont CO 80501 (City) (State) (Postal/Zip Code) ARTORG LLC Page 1 of 3 Rev.11/16/2005 8.Registered agent mailing address (if different from above): (Street name and number or Post Office Box information) (City) (State) (Postal/Zip Code) (Province-if applicable) (Country-if not US) 9.Name(s)and mailing address(es) of person(s)forming the limited liability company: (if an individual) Jensen Anthony Lee (Last) (First) (Middle) (Suffix) OR(if a business organization) 2295 Dexter (Street name and number or Post Office Box information) Longmont CO 80501 (City) Un @&States (Postal/Zip Code) (Province—if applicable) (Country—if not US) (if an individual) (Last) (First) (Middle) (Suffix) OR(if a business organization) (Street name and number or Post Office Box information) (City) U (jt States (Postal/Zip Code) (Province-if applicable) (Country-if not US) (if an individual) (Last) (First) (Middle) (Suffix) OR(if a business organization) (Street name and number or Poste Office Box information) (City) Un(Ii@!O States (Postal/Zip Code) (Province-if applicable) (Country—if not US) (If more than three persons are forming the limited liability company,mark this box El and include an attachment stating the true names and mailing addresses of all additional persons forming the limited liability company) 10.The management of the limited liability company is vested in managers ❑� OR is vested in the members ❑ 11. There is at least one member of the limited liability company. ARTORG LLC Page 2 of 3 Rev. 11/16/2005 12. (Optional) Delayed effective date: (mm/dd/yyyy) 13.Additional information may be included pursuant to other organic statutes such as title 12, C.R.S. If applicable,mark this box D and include an attachment stating the additional information. Notice: Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery,under penalties of perjury,that the document is the individual's act and deed,or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing,taken in conformity with the requirements of part 3 of article 90 of title 7,C.R.S.,the constituent documents,and the organic statutes,and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part,the constituent documents,and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the secretary of state,whether or not such individual is named in the document as one who has caused it to be delivered. 14.Name(s)and address(es)of the individual(s)causing the document Jensen Anthony Lee to be delivered for filing: (Last) (First) (Middle) (Suffix) 2295 Dexter Drive (Street name and number or Post Office Box information) Longmont CO 80501 (C°'') -- Ural&States (PaxtavzipCode) (Province-if applicable) (Country-if not US) (The document need not stale the true name and address of more than one individual However,if you wish to state the name and address of any additional individuals causing the document to be delivered for filing,mark this box O and include an attachment stating the name and address of such individuals.) Disclaimer: This form,and any related instructions,are not intended to provide legal,business or tax advice,and are offered as a public service without representation or warranty. While this form is believed to satisfy minimum legal requirements as of its revision date,compliance with applicable law,as the same may be amended from time to time,remains the responsibility of the user of this form. Questions should be addressed to the user's attorney. ARTORG_LLC Page 3 of 3 Rev.11/16/2005 NOTICE: This "image"is merely a display of information that was filed electronically. It is not an image that was created by optically scanning a paper document. No such paper document was filed. Consequently,no copy of a paper document is available regarding this document. Questions? Contact the Business Division. For contact information,please visit the Secretary of State's web site. LIMITED LIABILITY COMPANY OPERATING AGREEMENT Jensen Entertainment, LLC A Member-Managed Limited Liability Company OPERATING AGREEMENT THIS OPERATING AGREEMENT is made and entered into effective September 25, 2007, by and among: Anthony Jensen and Donald Hines (collectively referred to in this agreement as the "Members"). SECTION 1 THE LIMITED LIABILITY COMPANY 1.1 Formation. Effective September 25, 2007, the Members form a limited liability company under the name Jensen Entertainment, L.L.C. (the "Company") on the terms and conditions in this Operating Agreement (the "Agreement") and pursuant to the Limited Liability Company Act of the State of Colorado (the "Act"). The Members agree to file with the appropriate agency within the State of Colorado charged with processing and maintaining such records all documentation required for the formation of the Company. The rights and obligations of the parties are as provided in the Act except as otherwise expressly provided in this Agreement. 1.2 Name. The business of the Company will be conducted under the name Jensen Entertainment, L.L.C. or T-Bones Restaurant and Lounge, or such other name upon which the Members may unanimously may agree. 1.3 Purpose. The purpose of the Company is to engage in any lawful act or activity for which a Limited Liability Company may be formed within the State of Colorado. 1.4 Office. The Company will maintain its principal business office within the State of Colorado at the following address: 3815 Hwy 119 Longmont, CO 80504. 1.5 Registered Agent. Anthony Jensen is the Company's initial registered agent in the State of Colorado, and the registered office is 2295 Dexter Dr. Longmont, CO 80501. 1.6 Term. The term of the Company commences on September 25, 2007 and shall continue perpetually unless sooner terminated as provided in this Agreement. 1.7 Names and Addresses of Members. The Members' names and addresses are attached as Schedule 1 to this Agreement. 1.8 Admission of Additional Members. Except as otherwise expressly provided in this Agreement, no additional members may be admitted to the Company through issuance by the company of a new interest in the Company without the prior unanimous written consent of the Members. SECTION 2 CAPITAL CONTRIBUTIONS 2.1 Initial Contributions. The Members initially shall contribute to the Company capital as described in Schedule 2 attached to this Agreement. 2.2 Additional Contributions. No Member shall be obligated to make any additional contribution to the Company's capital without the prior unanimous written consent of the Members. 2.3 No Interest on Capital Contributions. Members are not entitled to interest or other compensation for or on account of their capital contributions to the Company except to the extent, if any, expressly provided in this Agreement. SECTION 3 ALLOCATION OF PROFITS AND LOSSES; DISTRIBUTIONS 3.1 Profits/Losses. For financial accounting and tax purposes, the Company's net profits or net losses shall be determined on an annual basis and shall be allocated to the Members in proportion to each Member's relative capital interest in the Company as set forth in Schedule 2 as amended from time to time in accordance with U.S. Department of the Treasury Regulation 1.704-1. 3.2 Distributions. The Members shall determine and distribute available funds annually or at more frequent intervals as they see fit. Available funds, as referred to herein, shall mean the net cash of the Company available after appropriate provision for expenses and liabilities, as determined by the Managers. Distributions in liquidation of the Company or in liquidation of a Member's interest shall be made in accordance with the positive capital account balances pursuant to U.S. Department of the Treasury Regulation 1.704.1(b)(2)(ii)(b)(2). To the extent a Member shall have a negative capital account balance, there shall be a qualified income offset, as set forth in U.S. Department of the Treasury Regulation 1.704.1(b)(2)(ii)(d). 3.3 No Right to Demand Return of Capital. No Member has any right to any return of capital or other distribution except as expressly provided in this Agreement. No Member has any drawing account in the Company. SECTION 4 INDEMNIFICATION The Company shall indemnify any person who was or is a party defendant or is threatened to be made a party defendant, pending or completed action, suit or proceeding, whether civil, criminal, administrative, or investigative (other than an action by or in the right of the Company) by reason of the fact that he is or was a Member of the Company, Manager, employee or agent of the Company, or is or was serving at the request of the Company, against expenses (including attorneys fees),judgments, fines, and amounts paid in settlement actually and reasonably incurred in connection with such action, suit or proceeding if the Members determine that he acted in good faith and in a manner he reasonably believed to be in or not opposed to the best interest of the Company, and with respect to any criminal action proceeding, has no reasonable cause to believe his/her conduct was unlawful. The termination of any action, suit, or proceeding by judgment, order, settlement, conviction, or upon a plea of"no to Contendere" or its equivalent, shall not in itself create a presumption that the person did or did not act in good faith and in a manner which he reasonably believed to be in the best interest of the Company, and, with respect to any criminal action or proceeding, had reasonable cause to believe that his/her conduct was lawful SECTION 5 POWERS AND DUTIES OF MANAGERS 5.1 Management of Company. 5.1.1 The Members, within the authority granted by the Act and the terms of this Agreement shall have the complete power and authority to manage and operate the Company and make all decisions affecting its business and affairs. 5.1.2 Except as otherwise provided in this Agreement, all decisions and documents relating to the management and operation of the Company shall be made and executed by a Majority in Interest of the Members. 5.1.3 Third parties dealing with the Company shall be entitled to rely conclusively upon the power and authority of a Majority in Interest of the Members to manage and operate the business and affairs of the Company. 5.2 Decisions by Members. Whenever in this Agreement reference is made to the decision, consent, approval, judgment, or action of the Members, unless otherwise expressly provided in this Agreement, such decision, consent, approval, judgment, or action shall mean a Majority of the Members. 5.3 Withdrawal by a Member. A Member has no power to withdraw from the Company, except as otherwise provided in Section 8. SECTION 6 SALARIES, REIMBURSEMENT, AND PAYMENT OF EXPENSES 6.1 Organization Expenses. All expenses incurred in connection with organization of the Company will be paid by the Company. 6.2 Salary. No salary will be paid to a Member for the performance of his or her duties under this Agreement unless the salary has been approved in writing by a Majority of the Members. 6.3 Legal and Accounting Services. The Company may obtain legal and accounting services to the extent reasonably necessary for the conduct of the Company's business. SECTION 7 BOOKS OF ACCOUNT, ACCOUNTING REPORTS, TAX RETURNS, FISCAL YEAR, BANKING 7.1 Method of Accounting. The Company will use the method of accounting previously determined by the Members for financial reporting and tax purposes. 7.2 Fiscal Year, Taxable Year. The fiscal year and the taxable year of the Company is the calendar year. 7.3 Capital Accounts. The Company will maintain a Capital Account for each Member on a cumulative basis in accordance with federal income tax accounting principles. 7.4 Banking. All funds of the Company will be deposited in a separate bank account or in an account or accounts of a savings and loan association in the name of the Company as determined by a Majority of the Members. Company funds will be invested or deposited with an institution, the accounts or deposits of which are insured or guaranteed by an agency of the United States government. SECTION 8 TRANSFER OF MEMBERSHIP INTEREST 8.1 Sale or Encumbrance Prohibited. Except as otherwise permitted in this Agreement, no Member may voluntarily or involuntarily transfer, sell, convey, encumber, pledge, assign, or otherwise dispose of (collectively, "Transfer") an interest in the Company without the prior written consent of a majority of the other nontransferring Members determined on a per capita basis. 8.2 Right of First Refusal. Notwithstanding Section 8.1, a Member may transfer all or any part of the Member's interest in the Company (the "Interest") as follows: 8.2.1 The Member desiring to transfer his or her Interest first must provide written notice (the "Notice") to the other Members, specifying the price and terms on which the Member is prepared to sell the Interest (the "Offer"). 8.2.2 For a period of 30 days after receipt of the Notice, the Members may acquire all, but not less than all, of the Interest at the price and under the terms specified in the Offer. If the other Members desiring to acquire the Interest cannot agree among themselves on the allocation of the Interest among them, the allocation will be proportional to the Ownership Interests of those Members desiring to acquire the Interest. 8.2.3 Closing of the sale of the Interest will occur as stated in the Offer; provided, however, that the closing will not be less than 45 days after expiration of the 30-day notice period. 8.2.4 If the other Members fail or refuse to notify the transferring Member of their desire to acquire all of the Interest proposed to be transferred within the 30-day period following receipt of the Notice, then the Members will be deemed to have waived their right to acquire the Interest on the terms described in the Offer, and the transferring Member may sell and convey the Interest consistent with the Offer to any other person or entity; provided, however, that notwithstanding anything in Section 8.2 to the contrary, should the sale to a third person be at a price or on terms that are more favorable to the purchaser than stated in the Offer, then the transferring Member must reoffer the sale of the Interest to the remaining Members at that other price or other terms; provided, further, that if the sale to a third person is not closed within six months after the expiration of the 30-day period describe above, then the provisions of Section 8.2 will again apply to the Interest proposed to be sold or conveyed. 8.2.5 Notwithstanding the foregoing provisions of Section 8.2, should the sole remaining Member be entitled to and elect to acquire all the Interests of the other Members of the Company in accordance with the provisions of Section 8.2, the acquiring Member may assign the right to acquire the Interests to a spouse, lineal descendent, or an affiliated entity if the assignment is reasonably believed to be necessary to continue the existence of the Company as a limited liability company. 8.3 Substituted Parties. Any transfer in which the Transferee becomes a fully substituted Member is not permitted unless and until: (1) The transferor and assignee execute and deliver to the Company the documents and instruments of conveyance necessary or appropriate in the opinion of counsel to the Company to effect the transfer and to confirm the agreement of the permitted assignee to be bound by the provisions of this Agreement; and (2) The transferor furnishes to the Company an opinion of counsel, satisfactory to the Company, that the transfer will not cause the Company to terminate for federal income tax purposes or that any termination is not adverse to the Company or the other Members. 8.4 Death, Incompetency, or Bankruptcy of Member. On the death, adjudicated incompetence, or bankruptcy of a Member, unless the Company exercises its rights under Section 8.5, the successor in interest to the Member (whether an estate, bankruptcy trustee, or otherwise) will receive only the economic right to receive distributions whenever made by the Company and the Member's allocable share of taxable income, gain, loss, deduction, and credit (the "Economic Rights") unless and until a majority of the other Members determined on a per capita basis admit the transferee as a fully substituted Member in accordance with the provisions of Section 8.3. 8.4.1 Any transfer of Economic Rights pursuant to Section 8.4 will not include any right to participate in management of the Company, including any right to vote, consent to, and will not include any right to information on the Company or its operations or financial condition. Following any transfer of only the Economic Rights of a Member's Interest in the Company, the transferring Member's power and right to vote or consent to any matter submitted to the Members will be eliminated, and the Ownership Interests of the remaining Members, for purposes only of such votes, consents, and participation in management, will be proportionately increased until such time, if any, as the transferee of the Economic Rights becomes a fully substituted Member. 8.5 Death Buy Out. Notwithstanding the foregoing provision of Section 8, the Members covenant and agree that on the death of any Member, the Company, at its option, by providing written notice to the estate of the deceased Member within 180 days of the death of the Member, may purchase, acquire, and redeem the Interest of the deceased Member in the Company pursuant to the provision of Section 8.5. 8.5.1 The value of each Member's Interest in the Company will be determined on the date this Agreement is signed, and the value will be endorsed on Schedule 3 attached and made a part of this Agreement. The value of each Member's Interest will be redetermined unanimously by the Members annually, unless the Members unanimously decide to redetermine those values more frequently. The Members will use their best efforts to endorse those values on Schedule 3. The purchase price for a decedent Member's interest conclusively is the value last determined before the death of such Member; provided, however, that if the latest valuation is more than two years before the death of the deceased Member, the provisions of Section 8.5.2 will apply in determining the value of the Member's Interest in the Company. 8.5.2 If the Members have failed to value the deceased Member's Interest within the prior two-year period, the value of each Member's Interest in the Company on the date of death, in the first instance, will be determined by mutual agreement of the surviving Members and the personal representative of the estate of the deceased Member. If the parties cannot reach an agreement on the value within 30 days after the appointment of the personal representative of the deceased Member, then the surviving Members and the personal representative each must select a qualified appraiser within the next succeeding 30 days. The appraisers so selected must attempt to determine the value of the Company Interest owned by the decedent at the time of death based solely on their appraisal of the total value of the Company's assets and the amount the decedent would have received had the assets of the Company been sold at that time for an amount equal to their fair market value and the proceeds (after payment of all Company obligations) were distributed in the manner contemplated in Section 8. The appraisal may not consider and discount for the sale of a minority Interest in the Company. In the event the appraisers cannot agree on the value within 30 days after being selected, the two appraisers must, within 30 days, select a third appraiser. The value of the Interest of the decedent in the Company and the purchase price of it will be the average of the two appraisals nearest in amount to one another. That amount will be final and binding on all parties and their respective successors, assigns, and representatives. The costs and expenses of the third appraiser and any costs and expenses of the appraiser retained but not paid for by the estate of the deceased Member will be offset against the purchase price paid for the deceased Member's Interest in the Company. 8.5.3 Closing of the sale of the deceased Member's Interest in the Company will be held at the office of the Company on a date designated by the Company, not be later than 90 days after agreement with the personal representative of the deceased Member's estate on the fair market value of the deceased Member's Interest in the Company; provided, however, that if the purchase price are determined by appraisals as set forth in Section 8.5.2, the closing will be 30 days after the final appraisal and purchase price are determined. If no personal representative has been appointed within 60 days after the deceased Member's death, the surviving Members have the right to apply for and have a personal representative appointed. 8.5.4 At closing, the Company will pay the purchase price for the deceased Member's Interest in the Company. If the purchase price is less than $1,000.00, the purchase price will be paid in cash; if the purchase price is $1,000.00 or more, the purchase price will be paid as follows: (1) $1,000.00 in cash, bank cashier's check, or certified funds; (2) The balance of the purchase price by the Company executing and delivering its promissory note for the balance, with interest at the prime interest rate stated by primary banking institution utilized by the Company, its successors and assigns, at the time of the deceased Member's death. Interest will be payable monthly, with the principal sum being due and payable in three equal annual installments. The promissory note will be unsecured and will contain provisions that the principal sum may be paid in whole or in part at any time, without penalty. 8.5.5 At the closing, the deceased Member's estate or personal representative must assign to the Company all of the deceased Member's Interest in the Company free and clear of all liens, claims, and encumbrances, and, at the request of the Company, the estate or personal representative must execute all other instruments as may reasonably be necessary to vest in the Company all of the deceased Member's right, title, and interest in the Company and its assets. If either the Company or the deceased Member's estate or personal representative fails or refuses to execute any instrument required by this Agreement, the other party is hereby granted the irrevocable power of attorney which, it is agreed, is coupled with an interest, to execute and deliver on behalf of the failing or refusing party all instruments required to be executed and delivered by the failing or refusing party. 8.5.6 On completion of the purchase of the deceased Member's Interest in the Company, the Ownership Interests of the remaining Members will increase proportionately to their then-existing Ownership Interests. SECTION 9 DISSOLUTION AND WINDING UP OF THE COMPANY 9.1 Dissolution. The Company will be dissolved on the happening of any of the following events: 9.1.1 Sale, transfer, or other disposition of all or substantially all of the property of the Company; 9.1.2 The agreement of all of the Members; 9.1.3 By operation of law; or 9.1.4 The death, incompetence, expulsion, or bankruptcy of a Member, or the occurrence of any event that terminates the continued membership of a Member in the Company, unless there are then remaining at least the minimum number of Members required by law and all of the remaining Members, within 120 days after the date of the event, elect to continue the business of the Company. 9.2 Winding Up. On the dissolution of the Company (if the Company is not continued), the Members must take full account of the Company's assets and liabilities, and the assets will be liquidated as promptly as is consistent with obtaining their fair value, and the proceeds, to the extent sufficient to pay the Company's obligations with respect to the liquidation, will be applied and distributed, after any gain or loss realized in connection with the liquidation has been allocated in accordance with Section 3 of this Agreement, and the Members' Capital Accounts have been adjusted to reflect the allocation and all other transactions through the date of the distribution, in the following order: 9.2.1 To payment and discharge of the expenses of liquidation and of all the Company's debts and liabilities to persons or organizations other than Members; 9.2.2 To the payment and discharge of any Company debts and liabilities owed to Members; and 9.2.3 To Members in the amount of their respective adjusted Capital Account balances on the date of distribution; provided, however, that any then-outstanding Default Advances (with interest and costs of collection) first must be repaid from distributions otherwise allocable to the Defaulting Member pursuant to Section 9.2.3. SECTION 10 GENERAL PROVISIONS 10.1 Amendments. Amendments to this Agreement may be proposed by any Member. A proposed amendment will be adopted and become effective as an amendment only on the written approval of all of the Members. 10.2 Governing Law. This Agreement and the rights and obligations of the parties under it are governed by and interpreted in accordance with the laws of the State of Colorado (without regard to principles of conflicts of law). 10.3 Entire Agreement; Modification. This Agreement constitutes the entire understanding and agreement between the Members with respect to the subject matter of this Agreement. No agreements, understandings, restrictions, representations, or warranties exist between or among the members other than those in this Agreement or referred to or provided for in this Agreement. No modification or amendment of any provision of this Agreement will be binding on any Member unless in writing and signed by all the Members. 10.4 Attorney Fees. In the event of any suit or action to enforce or interpret any provision of this Agreement (or that is based on this Agreement), the prevailing party is entitled to recover, in addition to other costs, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decided. 10.5 Further Effect. The parties agree to execute other documents reasonably necessary to further effect and evidence the terms of this Agreement, as long as the terms and provisions of the other documents are fully consistent with the terms of this Agreement. 10.6 Severability. If any term or provision of this Agreement is held to be void or unenforceable, that term or provision will be severed from this Agreement, the balance of the Agreement will survive, and the balance of this Agreement will be reasonably construed to carry out the intent of the parties as evidenced by the terms of this Agreement. 10.7 Captions. The captions used in this Agreement are for the convenience of the parties only and will not be interpreted to enlarge, contract, or alter the terms and provisions of this Agreement. 10.8 Notices. All notices required to be given by this Agreement will be in writing and will be effective when actually delivered or, if mailed, when deposited as certified mail, postage prepaid, directed to the addresses first shown above for each Member or to such other address as a Member may specify by notice given in conformance with these provisions to the other Members. IN WITNESS WHEREOF, the parties to this Agreement execute this Operating Agreement as of the date and year first above written. MEMBERS: A 1 �— Printed/Typed Name Signature jl Printed/Typed Name Signature Printed/Typed Name Signature Listing of Members - Schedule 1 LIMITED LIABILITY COMPANY OPERATING AGREEMENT FOR Jensen Entertainment, L.L.C. LISTING OF MEMBERS As of the 31 day of December, 2007, the following is a list of Members of the Company: NAME: ADDRESS: eryty Dex/et- Dr. Low-, y ,Q„a C osa / bavuLC)- l4- d at/y 9 no id c a A/(,/ ,,eAir e2 1 Cc , V�j O 2 O Authorized by Member(s) to provide Member Listing as of this / day of ���1uua , 200r . Printed/Typed Name Signature • Q_ 1-1 ""mil PrintedlTyped Name Signature Printed/Typed Name Signature Listing of Capital Contributions - Schedule 2 LIMITED LIABILITY COMPANY OPERATING AGREEMENT FOR Jensen Entertainment, L.L.C. CAPITAL CONTRIBUTIONS Pursuant to ARTICLE 2, the Members' initial contribution to the Company capital is stated to be $1,500.00. The description and each individual portion of this initial contribution is as follows: NAME: CONTRIBUTION: % OWNERSHIP: #4.311411 50"- $ /. 50— 50 h� $ 566 - 5 o oro Listing of Valuation of Members Interest - Schedule 3 LIMITED LIABILITY COMPANY OPERATING AGREEMENT FOR Jensen Entertainment, L.L.C. VALUATION OF MEMBERS INTEREST Pursuant to ARTICLE 8, the value of each Member's interest in the Company is endorsed as follows: NAME: VALUATION ENDORSEMENT ♦ kry MA,2, 1 $ ,, 56D(/ l 01/15/2008 13;24 FAX ¢1002 January 15,2008 Jensen Entertainment LLC Tony Jensen 3815 Hwy 119 Longmont,CO 80504 Weld County Board of Commissioners 915 10111 St. Greeley,CO 80632 Re: Temporary Retail Liquor License T-Bones Restaurant and Lounge 3815 Hwy 119 Longmont,CO 80504 303-915-3165 Members of the Board of Commissioners, I would like to request a Temporary Liquor License effective January 18,2008. 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 Simon Corp. dba Simons Bar and Grill, located at 3815 Hwy 119 Longmont, CO to Jensen Entertainment LLC dba T-Bonc Restaurant and Lounge at the same address. Regards, Tony e PLEASE POST NEAR EXISTING LICENSE TO WHOM IT MAY CONCERN: On the 16th day of January, 2008, Jensen Entertainment, LLC, dba T-Bones Restaurant and Lounge,submitted an application for a Transfer of Ownership for a Hotel and Restaurant,with said license previously being held by Simon Corporation, dba Simon's Bar and Grill, and expiring on May 26, 2008. 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 3815 Highway 119, Longmont, Colorado 80504, under a Temporary Permit which has been approved by the Board on January 16,2008. This Temporary Permit allows Jensen Entertainment, LLC, dba T-Bones Restaurant and Lounge, 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 Simon Corporation, dba Simon's Bar and Grill, 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. 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 COUNTY, COLORADO William H. Jerke, Chair WHJ/jve cc: Sheriffs Office Liquor Enforcement Officer 2008-0224 LC0014 , EXTENSION OF TEMPORARY PERMIT PLEASE POST NEAR EXISTING LICENSE TO WHOM IT MAY CONCERN: On January 16, 2008, the Board of County Commissioners of Weld County, Colorado, granted a Temporary Permit to Jensen Entertainment, LLC,dba T-Bones Restaurant and Lounge,to conduct business and sell malt,vinous, and spirituous liquors for consumption by the drink on the premises only, only at retail at said location in accordance with the license previously held by Simon Corporation, dba Simon's Bar and Grill, 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. At a hearing held on June 2, 2008, due to a significant delay in receiving the results of the applicants' background checks from the Colorado Bureau of Investigation, the Board deemed it necessary to extend the validity of the Temporary Permit for an additional period of sixty (60) days, as allowed by Section 12-47-303.4, C.R.S., 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 COUNTY, COLORADO William H. Jerke, Chairman WHJ/jve JUN 0 2 2008 cc: Sheriffs Office Liquor Enforcement Officer 2008-1570 LC0014 a MEMORANDUM Kit TO: JENNY VANEGDOM, CTB FROM: DAN JOSEPH ENVIRONMENTAL HEALTH SERVICE ISUBJECT: LIQUOR LICENSE INQUIRY C DATE: 02/04/08 COLORADO CC: CINDY SALAZAR; SARA EVANS In response to your request, Environmental Health Services has reviewed the Retail Food Service Establishment file for T-Bones Restaurant and Lounge, located at 3815 Hwy 119, Longmont, 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 diosephgco.weld.co.us or by phone at 970-304-6415 extension 2206. Thank you. Dan Joseph Environmental Specialist III MEMORANDUM To: Jenny VanEgdom, Deputy Clerk to the Board January 21, 2008 From: Bethany Salzman, Zoning Compliance Officer, Dept. of Planning Services Subject: LC0014 COLORADO Review of the following liquor license renewal by the Department of Planning Services shows the following: L4257083 Jensen Entertainment, LLC dba T-Bones Restaurant and Lounge 3815 Highway 119 Longmont, Colorado 80504 Zone District: Three Lot Minor Subdivision (C-3) - Commercial This use is permitted through a Site Plan Review(SPR-364) permit. Currently there are no active violations noted on the above mentioned property. SERVICE.TEAMWORK,INTEGRITY.QUALITY TRANSFER OF OWNERSHIP REVIEW FORM Date: January 17, 2008 TO: {DEPUTY} FROM: Ken Poncelow SUBJECT: Transfer of Ownership/Liquor License Check In accordance with the 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 the Transfer of Ownership for a Hotel and Restaurant Liquor License. I will be sending a copy of the file to you through interoffice mail. PLEASE RESPOND NO LATER THAN: JANUARY 31, 2008 Present Name of Establishment: New Applicant Name: ESTABLISHMENT: SIMON CORPORATION JENSEN ENTERTAINMENT, LLC DBA SIMON'S BAR & GRILL DBA T-BONES REST AND LOUNGE 3815 HWY 119 3815 HIGHWAY 119 LONGMONT, CO 80504 LONGMONT, CO 80504 Current license expires: May 29, 2008 A Temporary Permit was approved by th Board on 01/16/08, and is valid for a period of 120 days. *********************************************************** **** ****** ***************************** Y! No concerns ---777"""--- eputy'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) ******************************************************************************************************** Please notify at Extension of the date and time of the Board of Commissioner's Transfer of Ownership hearing. Liquor/Beer License Worksheet The following concerns are noted: 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) Establishment Owner, Please Print Date Establishment 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. sus tr" Interoffice Memo As 4,0 To: Weld County Board of County Commissioners 4eiIt From: Deputy Peter Wagoner 4x *col, Date: January 26, 2008 Subject: Transfer of Ownership-Simon's Bar Sirs, In reviewing the calls-for-service to Simon's Bar, 3815 Hwy 119, from January 25, 2007 to January 25, 2008, I found that there were seven instances in which the Sheriffs Office responded to Simon's Bar to investigate a complaint. Out of the seven calls-for-service, only one call generated a criminal report, that being a physical assault on January 28, 2007. There have been no other calls of that nature to Simon's Bar since. There are no reported incidents of over-service to patrons or underage service to minors. There have been no calls-for-service to Simon's since the transfer of ownership to Jensen Entertainment, LLC, dba T-Bones Restaurant and Lounge. On January 25, 2008, a liquor inspection was conducted at T-Bones Restaurant; no violations were noted. Based on the above information, the Weld County Sheriffs Office recommends the issuance of a liquor license to Jensen Entertainment, LLC dba T-Bones Restaurant and Lounge, 3815 Hwy 119, Longmont, CO. Respect ._1ICs" b itted; N l r ep,r y: e Wagoner, ICPS Dep. III, ' t'1 Supervisor Crime Prevention Specialist Weld County Sheriffs Office From the Desk Of... Weld County Sheriffs Office 1950 O Street Greeley,Co 80631 Phone 970-356-4015 Fax:970-304-6467 1111 0410 (4;133) Colorado Department of Revonuo Liquor Enforcement Divisitn 1375 Sherman Street Denver, CO 60261 INSPECTION REPORT License Number er Date of Report Vas--70{ J op t�0 et- r] .� 4sS7 Name Region s N/s'u G max- 4- eot L L TradName Manager I Sun/6 S /24 ClS �C � vq o c4 7N ei.--1� Address /buy Licen/qe Tjpe TO/ f�7 �v // nThL /CS ay./1-rr�it.'kn—� City Flo Zip Telephone �F✓6M vAvc giTe V O z'J—L^7 rb"�y7 o YES NO I tI/A I ITEM I COMMENT . _✓ Valid State Liquor License posted ✓ Valid State Sales Tax License posted Valid local license posted ✓ Valid Federal Tax Stamp posted Valid food service license posted V Minor warning sign posted Meals or snacks available Cleanliness is adequate Books and invoices available Lock l Beer stock accer. i-!r • Wine stock acceptable Liquor stock acceptable Alcohol purchased from permitted sources _ Compliance with gambling restrictions Manager registered with authorities Licensee in possession/control of premises ✓ Trade Name properly registered Compliance with intoxicated sale restrictions Compliance with sale to minor provisions Premise physical control adequate Acceptable dispensing systems Off premise storage licensed Only permitted items sold Permitted exterior signs/displays Permitted interior signs/displays Other issues: ). b v ator N. on - - Copy of;wail loft wish ------- Page 1 of 2 Jennifer VanEgdom From: Jennifer VanEgdom Sent: Wednesday, June 04, 2008 3:10 PM To: 'Anthony Jensen' Subject: RE: Liquor License Request Tony, Thanks, I have added your letter to the record. I have scheduled your hearing for Monday, June 16, 2008, at 9:00 a.m., in the Board's first floor hearing room located 915 10th Street, Greeley. It is advised that both you and Mr. Hines attend this hearing. A few things are necessary for the finalization of the application: • Mr. Hines needs to provide his Drivers License number (it was left off of the form) • Mr. Hines will need to provide a letter to the Board, detailing the situation and outcome of his DUI arrest from April of 1995 (please email before the date of the hearing to my email address, so that it may be included as a part of the record) • An updated Sales Agreement will need to be included with the application, indicating Jensen Entertainment is now of the owner of the business • The necessary State application fees: A check in the amount of$1,525.00, made out to the Colorado Department of Revenue Also, as requested, here is the contact information for the local Liquor Enforcement Officer, regarding your questions for TIPS training: Brian Small (970) 356-3992 Or Dan Gunter (303) 205-2907 (I hope this is still a current number) If not, you may call the main number at(303) 205-2344, and request to speak to Dan Gunter Thanks again for your patience! Jenny VanEgdom I Deputy Clerk to the Board of County Commissioners I Weld County,Colorado I (970)356.4000,ext.4228 From: Anthony Jensen [mailto:tboneslounge@yahoo.com] Sent: Tuesday, June 03, 2008 7:03 PM To: Jennifer VanEgdom Subject: Re: Liquor License Request Jenny, The background check I currently have was performed by the Department of Homeland Security. It is not a security clearance but rather, an extensive criminal history check of both the local and FBI databases. This is required of any contractors working in federal buildings and especially the Federal Courthouses. I had my first background check completed in 2002. The requirements had changed 6/12/2008 Hello