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HomeMy WebLinkAbout840444.tiffRESOLUTION RE: APPROVAL OF RENEWAL REQUEST FOR TAVERN LIQUOR LICENSE TO DONALD G. EDICK, D/B/A RAFFERTY'S, INC., GREELEY, COLORADO - EXPIRES AUGUST 14, 1985 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, Donald G. Edick, d/b/a Rafferty's, Inc., Greeley, Colorado, has presented to the Board of County Commissioners of Weld County, Colorado, an application for a Tavern Liquor License for the sale of malt, vinous and spirituous liquors for consump- tion on the premises only, and WHEREAS, pursuant to Weld County Ordinance No. 6, Section II., C., said applicant has paid the sum of $98.75 to the County of Weld for the renewal of the existing license, and WHEREAS, said applicant has exhibited a State Liquor License for the sale of malt, vinous and spirituous liquors for consump- tion on the premises only, outside the corporate limits of any town or city in the County of Weld at the location described as follows: 5590 West Tenth Street, Greeley, Colorado NOW, THEREFORE, BE IT RESOLVED that the Board of County Com- missioners of Weld County, Colorado, having examined said appli- cation and the other qualifications of said applicant, does hereby grant License Number 84-15 to said applicant to sell malt, vinous and spirituous liquors for consumption on the premises only, only at retail at said location and does hereby authorize and direct the issuance of said license by the Chairman of the Board of County Commissioners of Weld County, Colorado, attested to by the County Clerk and Recorder of Weld County, Colorado, which license shall be in effect until August 14, 1985, providing that said place where the licensee is authorized to sell malt, vinous and spirituous liquors for consumption 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. L I -R 2-0-2 CSC) 840444 Page 2 RE: TAVERN LIQUOR LICENSE - RAFFERTY'S The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of June, A.D., 1984. ATTEST: Vriaciantatutn Weld County Clerk and Recorder and Clerk to the Board J7M�Yv�a- Deputy County lerk APPROVED AS TO FORM: County Attorney BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Norman Carlson, Chairman EXCUSED ine J son, o-Tem Gene R. Brantner VJ(bhn Marti P 206 961 673 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED— C Rafferty's P.O. Box 1902 Greeley, CO 80632 POSTAGE If N a 'a U CERTIFIED FEE N W s 0 SPECIAL DELIVERY RESTRICTED DELIVERY U CC 40 z SHOW TO WHOM AND DATE DELIVERED SHOW TO WHOM, DATE. AND ADDRESS OF DELIVERY SHOW TO WHOM AND DATE DELIVERED WITH RESTRICTED DELIVERY SHOW TO WHOM, DATE AND ADDRESS OF DELIVERY WITH RESTRICTED DELIVERY TOTAL POSTAGE AND FEES S POSTMARK OR DATE • SENDER: Complete Items 1, 2, 3, and 4. Add your address In the "RETURN TO" space on reverse. (CONSULT POSTMASTER FOR FEES) 1. The 1a 4ng service Is requested (check one). Show to whom anddate delivered s . 2. ❑Show to whom, date, and address otSlivery —C M RESTRICTED DELIVERY (rae,noised daewry M Is carpi addWM w at Ma reap W.) al Rafferty's P.O. Box 1902 Greeley, CO 80632 �. T RED D ❑C�t OD ❑EXPRESS MAIL 911/—d 73 (Always obtain *satin el addressee or spent) I have received the SIGTTNATUURREE//•ay 5' GN ankh described above. •Addrresssee °Auoarizedagent it DATE OF DELI1tRY JUL 191984 XL 6. ADDRESSEE'S ADDRESS. pop O 'swayed) 19 7. UNABLE TO DELIVER BECAUSE 7a. EM .aro nna►►eea • DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION STATE CAPITOL ANNEX 1375 SHERMAN STREET DENVER, COLORADO 80261 t'At- - KIa INC 55v i LOTH SI w-LLLL11 LV IQUOR LICENSE LICENSE EXPIRES wM r mumuLIASILITV ALL RFflRFRCl, IE►ONGATRIN ---._ CMINT-rCiTY IMWIT. Th! LIYIUTY 0�TF I crt. 14—L9ii-3 di U51 `_81. 3 Util56: ;RP° L'+rl.P35 L (t TYPE NAME AND DESCRIPTION OP LICENSE PEE i ?�" i.+ILRIJ LLUUu1' Ls LLin.Si: — MALI f Vi4uUSt ANU Srli,.i 1ULLS ,. 45.ci) (..UIJii T '.9. PLFa. Li,4I LL,P F1c,. S 4i.:.h) DAL 400 L TOTAL FEEIS) THIS LICENSE IS ISSUED SUBJECT TO THE LAWS OF THE STATE OF COLORADO AND ESPECIALLY UNDER THE PROVISIONS. OF TITLE 12, ARTICLE 47, CRS 1973, AS AMENDED. • THIS LICENSE IS NON -TRANSFERABLE AND SHALL BE CONSPICUOUSLY POSTED IN THE PLACE ABOVE DESCRIBED, ANY INFORMATION CHANGES TO THE LIQUOR LICENSE INVOLVING OWNERSHIP OR FINANCIAL INTEREST IN THE LICENSED PREMISES MUST BE REPORTED, WITHIN 10 DAYS, IN WRITING TO THE DEPART- MENT OF REVENUE, LIQUOR ENFORCEMENT DIVISION, STATE CAPITOL ANNEX, 1375 SHERMAN STREET, DENVER, COLORADO 80261. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND �, ... 'JUL JUL 1 1 'Dv!. DEPUTY DIRECTOR,.;;, EXECUTIVE DIRECTOR DATE: June 22, 1984 SHERIFF'S OFFICE REPORT FOR BEER OR LIQUOR LICENSE RENEWAL REQUESTS APPLICANT: Rafferty's Inc. 5590 W. 10th St. Greeley, CO TYPE OF LICENSE: SHERIFF'S REPORT: Tavern Liquor License No Problems HEALTH DEPARTMENT: Has current food service license. No Problems COUNTY OF WELD APPLICATION FOR MALT, VINOUS AND SPIRITOUS LIQUOR LICENSE. TO THE BOARD OF COUNTY COY".-SSIO\FRS OF VELD COUNTY, COLORADO The undersigned hereby makes application for a County Malt, Vinous and Spiritous Liquor License. 1. Name of Applicant(s) UU nc.0 2. Hone Address of Applicant(s) 3. Trade Name 4. Business Telephone 5. Home Telephone Number(s) 6. Business Address `7.6 f N ✓` S /(( Ci /76 _ E, 7. If Partnership, give names of partners; if a Corporation or Club, give names of principal officers FBH I iif,,1C�11�, 8. Type of license (circle) Retail Liquor Store Tavern License / Restaurant License Extended Hours Liquor Licensed Drug Club License Arts License Race Track License (check one) For Sales for consumption OFF the premises of licensee only. -17-;or Sales for consumption ON the premises of licensee only. For Sales for consumption ON and OFF the premises of licensee. c"7 9. Is establishment managed by other than licensee? If so, give name: 10. EXACT LOCATION OF PREMISES. Give street and number, Lot and Block number or Range, Township and Section (if possible give quarter of Section). 11. Do you have legal nos ession of the premises for which this application for license is made? eJ- _2. Are the premises owned or rented? (3(i) it/ cir7 If rented, from whom? State nature of business confucte_d: '.4. If restaurant, state whether other busy ess is _conducted �excep sale of food, meals, drinks and tobaccos:15. If club, state whether o:era_inc for a national, social, fraternal, patriot: political or athletic nature: tU/ /+ 16. If club, state whether the :rcp-rt} and advantages- of club belong to members: �7 /: . 7. :_ club, state whether it is for Pecuniary gain: / /. _2. Zs aorlirant(s) or alloffice)rs of the corporation or club a citizen(s) of the United States? '- ) Has aoolica t(s) a state license for the sale of Malt, Vinous and Spiritous Liquor? Y € S '_0. Has applicant(s) ever been convicted of a felony? _l. '_3. ki If answer to cuestion 20 is "yes", give full details: Has applicant beer. adjudged guilty by a court of record of violating the laws covering the prevention of gambling under the laws ofr the State.of Colorado, or under the laws of the United States? it' O If answer to cuestion 22 is "yes", give full details: 24. Will aoolicant(s) permit any wholesaler or manufacturer to be interested financially by loan or otherwise, in applicant's business? /J/ 25. If answer to question 24 is "yes", give full details: ?ill applicant(s) use any equipment, fixtures, chattles, decorations or furnishings supplied or loaned by any manfacturer or wholesaler? 27. If answer to question 26 is "yes", explain: The applicant hereby agrees, if license is issued for sale of Malt, Vinous or ;oiritous liquor, as herein requested, the place of business used therefor :ill be conducted in strict conformity with all laws of the State of Colorado, '.nd the rules and reculations of the Board of County Commissioners of Weld '_^unto, Colorado, relatinc thereto, and any conviction of violations of said _aws,,rules_ and/or ree=l= -ions shall be cause for revocation of such. license, :ithout further hearing thereon. The applicants) further agrees that he, :he (they) has full knowledge of the aforesaid state laws and Board rules and :eculations existing at the date of this application and agrees he, she (they) keep advised as to all subsequent state law, Board rules and regulations, :hat may be hereafter passed relating thereto during the term of said license. ;TATE OF COLORADO)s5 : U*1TY OF WELD ) Atty ti Applicant (s) • being first duly sworn on oath, desnoses and ays: That he, she (they) is/are the applicant(s) above named: That he, she they) has/have read the above and foregoing application and the answers made _hereto, and well knows the contents hereof, and that the answers made to the _-terragatories therein set forth are true to his, her (their) own knowledge. 7) C L!' t cant(s) _dscribed and sworn before me this//.— ,�� D 10'V County C'_eck ..- _ Public P 670 397 402 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL Colorado Dept. of Revenue State Capitol Annex 1375 Sherman Street Denver, CO 80261 Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered Return receipt showing to whom, Date, and Address of Delivery TOTAL Postage and Fees $ Postmark or Date J (`L�/cT<5-..,h.. ( DRL 402 (FEY. 11/79) STMTE. OF COLORADO DEPARTMENT OF REVENUE A AAA GETTING RENEWAL APPLICATION FOR MALI, VINOUS I DO NOT WRITE IN THIS SPACE AND SPIRITUOUS LIQUOR LICENSES STATE LICENSING AUTHORITY APPROVAL (GET APPROVAL OF LOCAL LICENSING AUTHORITY FIRST) G.L0G.L 'IAFI Eft INC fx31x0 P U, bOX 1902 •FOVIIIFD. EExO, OIIEIILMf ;: CHAD°NT ,G+tEEL EY CO • 0' REVENUE. STATECAPITOL ANNE )E SHERMAN ST DENY IR COLO x1 14-19313 80631 IACAL UCENSING AUTHORITY COPY RENEWAL APPLICATION FOR LIQUOR LICENSE FOR THE LICENSING PERIOD ENDING _ _. .._ I USE ACCOUNT NUMBER FOR + LIABILITY INFORMATION ALL. REFERENCE )CONTr, CITY ET 'TYPE: LIABILITY DATE_ 14-19323 03 057 5813 3 081580 Soc. Sec Soc. Sec. V-04-19. y9 `fib ._._ No. 1 _ No. 2 _ _.._ .. .. 'FEIN .. I'CERTIFY THAT THERE ARE NO CHANGES TO MY LAST ANNUAL APPLICATION. IF THERE IS A CHANGE DO NOT USE THIS FORM. USE AN ORIGINAL APPLICATION. NEW TRADE NAME SIGNATURE BUSINESS LOCATION ADDRESS 5590 W 10TH 5.1... Street ( $ LE, Y. CC City State MANAGER'S IF APPLICANT IS A CORPORATION, FILL IN REVERSE SIDE. TYPE � NAME AND DESCRIPTION OF LICENSE _ j TA 4:101 -I tWVufs LICENSE 144/71 UCNC3<.IS, AND SP' IIi'iitr— ._. cUS CIJ4(g,..'Y 45 PERCENT DAP FEE MAKE CHECK OR MONEY ORDER PAYABLE TO THE • COLORADO DEPARTMENT OF REVENUE Do you have legal possession of the premises for which this application for license is made? Are the premises owned or rented?_0 cv$JE2i. If rented, effective & expiration date of lease. P_ . _ Is applicant(s) or all officer(s) of the corporation, citizen(s) or lawfully admitted resident(s) of the United State$ of America? ...90e Is the applicant, or any of the;pattners,or any of the officers, stockholders or directors of Said applicant (If it is : a corporation). or employees of any such, under tfas age Of tvsenty-one years?.... _. _ _ _ ._ .. _. Yes ...,�.._._. _ Has the applicant, or any, of the partners, or any of the Officers, stockholders or directors of said applicant (If it is a corporation) ever been con- victed of a crime in the State of Colorado or elsewhere? If so, state full details Has any person, as applicant, partner, officer, director, stockholder or employee, ever: (a) been denied a license underthis liquor law? ........ Yes (b) had an alcoholic beveragelicense suspendedor revoked?._. _ _. _ ..: Yes If the answer is yes, explain frott .tattach separate sheet, if naetle4V. ... Do you or any members of your family have a financial interest to any other liquor license? (such financial interest to include any equity interest or loans). If the answer is yes, explain fully (attach separate sheet, if needed). Does any person, firm or corporation have a financial interest, evidenced either by loans or equity ownership in' the business for which this license is requested? If the answer is yes, state names and addresses and amount of such financial interest expressed either in dollars or other items of value, such as inventory, furniture, fixtures and equipment. Yes._._... .. _. ... List the names and addresses of all businesses in which any of the persons in the previous question are interested. Zip Code I IOTALiFEE(S) Yes No. FEE ... $ 270.25 I 301. Z5 No .. No _.. No, No ._ .... Name ._. .... .Business. Address. "If Federal Employers Identification Number (FEIN) is pre-printed in the above space, please check your records to see if you have the same number. If you have a different number, correct the one above so that it corresponds with your records. If no number appears in the above space, please fill in with the FEIN you have on your records. SEE REVERSE SIDE IF THE APPLICAr . 'ORPORATION, ans r (a). (b), lc Id), (e) and If) a la) Organized under the is v of the Steam -- — Q-.--..__--_,tpate,_ (b) Principal business is conducted at ...,-45:14,01- -C ( -- L.- i -- , Capflly.of Ic) Date of filing last annual corporate report to the Secretary of State _ _ rt /��e ®®. r ?t • Home Address I A. , / City ) (d) President: tf%y !.�—U�!_ , -.. t cam/ 19ke. _ ; 4,eyi ..-. s--•L(t CCU `/b [E STREYo dc7Iv�°. O�FTH .., stockholders owning or controlling any of the capital stock of the corporation. (Includeactual owner or pledgee.) Use separate sheet if desired. • PERCENT OF DATE NA - HOME STREET NO. & CITY STOCK OWNED ' OF BIRTH £b,, E ,ek _91 . sad !'eve___ . s'd3 /o-�r _fire as st 5-o ..__ (The following affidavit to be signed and acknowledged by individuals and each memberof partnerships and by Corporation.) STATE OF COLORADO County of or that he is (SS. .. _._.._......_. _ .-. _ , being by me first duly sworn, if for himself, deposes and says; that he is the applicant above named; of the above named corporation; that he has read the foregoing application and thathe knows the contents thereof, and that all matters and things therein set forth are true of his own knowledge and he agrees to conform to all rules and regulations promulgated by the State Department of Revenue iri connection therewith. Subscribed and sworn to before me this ure of Notary. Po Attach Seal My Commission expires_ _ day of Individuals and all members of partnership must sign hare: Officer of Co Sig;. n here: My Commission Expires June 18.1928 915 10th Street Greeley, Colorado 80831 By REPORT AO APPROVAL OF LOCAL LICENSING AUTHORITY (Manufacturers, Whglesalers, Importers and Public Transportatign Systems disregard this section) The foregoing application hat been examined and the premises, business conducted and character of the applicant is satisfactory, andwe do report that such license, ifgranted, will meet t1le reasonable requirements of the neig orhood and thedesiresof the inhabitants, and complies with the provision of Article 47, Title 12, C.R.S. 1973, as amended. .1"-445[4, tCORPORATE SEAL) THEREFORE TI3 S APPLICATION IS HEREBY APPROVED. &7 --den DATED AT .r.HXLC . THIS (NAME OF TOWN, CITY OR COUNTY) .. A.D.19. V _ / a -..t - -- (MAYon en-cnr I MAN OF BOARD OF COUNTY comiteISSIONERS OR OTHER TITLE OF LICENSIi&3 AUTHORITY.) TT ALERK OR _ AR illeg w ACIEFI IA EAL ICENS G A HORITV.) Of the premises are located within a town or city, the above approval should be signed by the mayor and clerk, if in a county, then by the chairman of the board of county commissioners and the clerk cif the board. If, by ordinance or otherwile,the local licensing authority is some other official, then such approval should be given by such official.) NOTICE TO INSURE THAT YOUR LICENSE IS ISSUED ON TIME, IT IS IMPORTANT THAT THIS DOCUMENT, WITH YOUR STATE FEE REMITTANCE, BE AT THE COLORADO DEPARTMENT OF REVENUE, STATE CAPITOL ANNEX BUILDING, 1375 SHERMAN STREET, DENVER, NO LATER 'THAN THIRTY (30) DAYS PRIOR TO THE EXPIRATION DATE OF YOUR LICENSE. THIS DOCUMENT MUST,BE IN THE HANDS OF THE LOCAL LICENSING AUTHORITY AT LEAST FORTY-FIVE (45) DAYS PRIOR TO THE EXPIRATION OF THE LICENSE. C I 1%1. ARTICLES OF INCORPORATION nn jun 6 AS: 08 JI^'I ri3: 03 OF RAFFERTY'S, INC. THE UNDERSIGNED natural persons, each more than twentyrgheyeacs;ofrage, hereby establish a corporation pursuant to the statutes of Colorado and adopt the following Articles of Incorporation: FIRST: The name of the corporation is RAFFERTY'S, INC. SECOND: The corporation shall have perpetual existence. THIRD: (a) Purposes: To engage in the dispensing of alcoholic beverages and food, operating as a bar and restaurant, and generally to purchase or otherwise acquire restaurants and taverns, and to own, hold, lease, rent or sell such business or businesses. To engage in all other lawful business pursuits not inimical to the pur- poses so stated. (b) Powers: In furtherance of the foregoing purposes, the cor- poration shall have and may exercise all of the rights, powers and privileges now or hereafter conferred upon corporations organized under the laws of Colorado. In addition, it may do everything necessary, suitable or proper for the accomplishment of any of its corporate purposes. FOURTH: (a) Authorized Shares: The aggregate number of shares which the corporation shall have authority to issue is 50,000 shares of common stock of no par value. (b) Voting,: Each shareholder of record shall have one vote for each share of stock standing in his name on the books of the corporation and entitled to vote, except that in the election of directors he shall have the right to vote such number of shares for as many persons as there are directors to be elected. Cumulative voting shall not be allowed in the election of directors or for any other purpose. (c) Pre-emptive Rights: The holders of the common stock of the corporation shall be entitled as of right to purchase or subscribe for any unissued or treasury shares of any class, or any additional shares of any class to be issued by reason of any increase of the authorized shares of the corpora- tion of any class, or any bonds, certificates of indebtedness, debentures, or other securities, rights, warrants or options convertible into shares of the corporation or carrying any right to purchase shares of any class in accordance with their proportionate equity in the corporation. (d) Restrictions on Transfer: The corporation shall have the right by appropriate action to impose restrictions or agree to restrictions upon the transfer of any shares of its common stock, or any interests therein, from time to time issued, provided that such restrictions as may from time to time n be so imposed, or notice of the substance thereof shall be set forth upon the face or the back of the certificates representing said shares of common stock. (e) Distributions in Partial Liquidation: The Board of Direc- tors may from time to time distribute to the shareholders in partial liquidation, out of stated capital or capital surplus of the corporation, a portion of its assets in cash or property, subject to the limitations contained in the statutes of Colorado. (f) Consideration for Shares: Shares of the corporation not having a par value shall be issued for such consideration expressed in dollars as may be fixed from time to time by the vote of the directors. FIFTH: The initial Board of Directors shall consist of three (3) direc- tors, and the names and addresses of the persons who are to serve as directors until the first annual meeting of the shareholders and until their successors are elected and qualified are: William J. Ramaglia 1838 22nd Street Greeley, Colorado 80631 Lenore K. Kindsfater 2521 Mountair Lane Greeley, Colorado 80631 Donald G. Edick 1207 9th Street Greeley, Colorado 80631 SIXTH: The address of the initial registered office of the corporation is 5990 W. 10th Street, Greeley, Colorado 80631. The name of its registered agent at such address is William J. Ramaglia. SEVENTH: The corporation may conduct part or all of its business in any other part of Colorado, or the United States, or of the world. It may hold, purchase, mortgage, lease and convey real and personal property in any of such places. EIGHTH: The following provisions are inserted fot the imm•a•at' business and for the conduct of the affairs of the corporation, and the este . are in furtherance of and not in limitation or exclusion of the powers con- ferred by law. (a) Contracts with Directors, etc.: No contract or other trans- action of the corporation with any other person, firm or corporation, or in which this corporation is interested, shall be affected or invalidated by: (i) the fact that any one or more of the directors or officers of this corporation is interested in or is a director or officer of another corporation; and (ii) the fact that any director or officer, individually or jointly with others, may be a party to or may be interested in any such contract or transaction. Each person who may become a director or officer of the corporation is hereby relieved from any liability that might otherwise arise by reason of his contracting with the corporation for the benefit of himself or any firm or corporation in which he may be interested. -2- (b) Negation of Equitable Interests in Shares or Rights: The corporation shall be entitled to treat the registered holder of any shares of the corporation as the owner thereof for all purposes, including all rights deriving from such shares, and shall not be bound to recognize any equitable or other claims to, or interest in, such shares or rights deriving from such shares, on the part of any other person, including but without limiting the generality there- of, a purchaser, assignee or transferee of such shares or rights deriving from such shares, unless and until such purchaser, assignee, transferee or other person becomes the registered holder of such shares, whether or not the corporation shall have either actual or constructive notice of the interest of such purchaser, assignee, transferee or other person. The purchaser, assignee, or transferee of any of the shares of the corporation shall not be entitled: to receive notice of the meetings of the shareholders; to vote at such meetings; to examine a list of the shareholders; to be paid dividends or other sums payable to shareholders; or to own, enjoy and exercise any other property or rights deriving from such shares against the corporation, until such purchaser, assignee, or transferee has become the registered holder of such shares. NINTH: The names and addresses of the incorporators are: William J. Ramaglia 1838 22nd Street Greeley, Colorado 80631 Lenore K. Kindsfater 2521 Mountair Lane Greeley, Colorado 80631 Donald G. Edick 1207 9th Street Greeley, Colorado Dated this •) day of J t /E2-- , 1980. //A.,71 /7) -r=e -5-4",<-1 William Jamaglia Dated this ,j day of -J IAAI& , 1980. Dated this a day of , 1980. �J J l e K. Kiddspt f/*t "l Donald G. Edick STATE OF COLORADO sa. County of Weld /1 I, Sharon K. Brady, a notary public, hereby certify that on the day of , 198O, personally appeared before me William J. Ramaglia, Lenore K. Kindsfater and Donald C. Edick, who being by me first duly sworn, severally declared that they are the persons who signed the foregoing document as incorporators and that the statements contained therein are true. WITNESS my hand and official seal. My commission expires: NOTARY PUBLIC Vu y3 CONSENT OF DIRECTORS OF RAFFERTY'S, INC. Pursuant to the Colorado Corporation Code, the undersigned, being all of the directors of Rafferty's, Inc., a Colorado corporation (the "Company") acting at the call of the incorporators, hereby consent to and take the following actions without a meeting: (1) Discharge of Incorporators: The incorporators of the Company are hereby forever discharged and indemnified by the Company from and against any expense or liability actually incurred by them by reason of having been incorporators of the Company. (2) Bylaws: The Bylaws attached to this Consent are adopted as the Bylaws of the Company. (3) Seal: The seal of the Company shall be in the form impressed on the margin of this page. (4) Stock Certificate: The certificates representing Common Stock of the Company shall be substantially in the form attached to this Consent. (5) Banking Arrangements: The United Bank of Greeley, Greeley, Colorado, shall be a depository of the funds of the Company. Banking and/or Borrowing Resolution: in the customary form of the Bank are hereby adopted. A copy of such Resolutions is attached to this Consent. (6) 1244 Stock Plan: The following Resolutions are adopted: RESOLVED, that the Company adopt the "1244 Stock Plan of "Rafferty's, Inc." ordered attached to this Consent and incorporated herein by reference; and FURTHER RESOLVED that there is not now any outstanding offering or portion thereof of this Company to sell or issue any of its stock; and FURTHER RESOLVED, that the appropriate officers of the Company be and they are hereby authorized, empowered and directed to take any and all action necessary to effectuate said Plan and to accomplish the issuance of the Section 1244 stock in accordance therewith; and FURTHER RESOLVED, that the Section 1244 Stock Acceptance ordered attached hereto should be approved and in the judgment of the Board of Directors the value of the consideration described in the written Acceptance is accurate. (7) Issuance of Stock: The officers of the Company are hereby authorized and directed to issue and deliver to Lenore K. Kindsfater, Donald G. Edick and William J. Ramaglia certificates representing the shares of the Company's Common Stock as set forth in the 1244 Stock Acceptance attached hereto, upon payment by them as follows: For the payment of $500.00 cash to the corporation, Lenore K. Kindsfater shall receive 500 shares of stock; for the payment of $500.00 cash to the corporation Donald G. Edick shall receive 500 shares of stock; for the payment of $500.00 cash to the corporation, William J. Ramaglia shall receive 500 shares of stock. (8) Election of Officers: Each of the following persons is elected to the office set forth opposite his or her name, to serve until his or her successor is elected and has qualified: Lenore K. Kindsfater Donald G. Edick William J. Ramaglia President Vice -President Secretary -Treasurer (9) Fiscal Year: The accounting or fiscal year for the Company shall commence June 1 and end May 31. (10) Agents, etc.: The officers of the Company are authorized to appoint and substitute all necessary agents or attorneys for service of process, to designate and change the location of all necessary statutory offices and, under the corporate seal, to make and file all necessary certificates, reports, powers of attorney and other instruments as may be required by the laws of any state, territory, dependency or country to authorize the Company to transact business therein. Further, the officers are authorized to revoke any such appointment and to take such other action as they may deem necessary or advisable to terminate the authority of the Company to do business in any state, territory, dependency or country. (11) The officers of the corporation shall take all steps necessary to file for and receive a transfer of ownership for the liquor license previously issued to Roldo, Inc. d/b/a Ye Greeley Village Inn. (12) The corporation shall enter into an agreement with Roldo, Inc., a Colorado corporation and Lenore K. Kindsfater, Donald G. Edick and William J. Ramaglia which shall provide for the purchase by the corporation of all out- standing stock in Roldo, Inc., a Colorado corporation as soon as the transfer of ownership of liquor license referred to in paragraph (11) above has been approved by the State of Colorado and County of Weld. Dated effective this • day of tie o2e / �/Jii�i/ E RF K. KINDSFA R, D ectoShareholder , 1980. DONALD G. EDICK, Direct, WILLIAM J. and Shareholder IA, Dire2r and Shareholder Hello