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HomeMy WebLinkAbout20032000.tiff RESOLUTION RE: ACTION OF BOARD CONCERNING RENEWAL APPLICATION FOR HOTEL AND RESTAURANT LIQUOR LICENSE FROM SIMON CORP, DBA SIMON'S BAR AND GRILL 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,the Board of County Commissioners,as the local liquor licensing authority for Weld County, Colorado, pursuant to Section 12-47-106(1)(b), C.R.S., and Section 2-4-20 of the Weld County Code, may cause a hearing to be held on the application for renewal of any liquor license previously issued by it, and WHEREAS, Simon Corp, dba Simon's Bar and Grill was issued a Hotel and Restaurant Liquor License for the sale of malt, vinous, and spirituous liquors for consumption only at the premises where sold,which license expired May29,2003,after receipt of the application of renewal by the Clerk to the Board's office, and WHEREAS,the Board did receive information from the Department of Planning Services indicating problems exist with the failure to complete several building permits and a required Site Plan Review for the facillity located at 3815 Highway 119, Longmont, Colorado 80504, and WHEREAS,Simon Ryu,President of Simon's Corp,was present at a public hearing on the renewal application held on July 21,2003,at which time the Board deemed it advisable to schedule a renewal hearing for the above mentioned license. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that a renewal hearing concerning the Hotel and Restaurant Liquor License issued to the Simon Corp,dba Simon's Bar and Grill, be,and hereby is,scheduled for October 20, 2003, at 9:00 a.m. BE IT FURTHER RESOLVED bythe Board that Simon Ryu,President of Simon Corp,shall post the premises, advising of said hearing, at least ten days prior to said hearing. BE IT FURTHER RESOLVED by the Board that although the expiration date for said liquor license was on May 29, 2003, Mr. Ryu may continue to operate until such time as the Board determines whether or not to renew said liquor license. 2003-2000 LC0014 SIMON CORP, DBA SIMON'S BAR AND GRILL PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 21st day of July, A.D., 2003. E L`S, BO RD OF COUNTY COMMISSIONERS WEL CI Tf.,.9 O t. Q ATTEST: ISIII David E. Long, Chair Weld County Cler EXCUSED Rob . .Pro Tem BY: Deputy Clerk :the Board M. J. Geile��I � R D M: **las �'•OkQ `,es Willia H. Jerke ounty Attorney Glenn Vaa Date of signature: �D3 2003-2000 LC0014 DR 8404(06/02) Page 1 21 COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION COLORADO LIQUOR DENVER CO 80261 OR 3.2% FERMENTED MALT BEVERAGE RETAIL LICENSE APPLICATION ❑ NEW LICENSE ❑ TRANSFER OF OWNERSHIP ® LICENSE RENEWAL • ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN • APPLICANT MUST CHECK THE APPROPRIATE BOX(ES) • LOCAL LICENSE FEE $ • APPLICANT SHOULD OBTAIN A COPY OF THE COLORADO LIQUOR AND BEER CODE(Call 303-321-4164) DO NOT WRITE IN THIS SPACE 1. Applicant is applying as a ❑ Individual % Corporation ❑ Limited Liability Company ❑ Partnership(includes Limited Liability and Husband and Wife Partnerships) ❑ Association or Other 2. Name of Applicant(s) If partnership, list partners'names(at least two);if corporation,name of corporation Fein Number Simon COrp `33(-f-10038$2 2a.Trade Name of Establishment(DBA) State Sales Tax No. Business Telephone SLinons ?nr- and 6r•el/ )q-g59q/-0000 3o3-am-gtoo 3. Address of Premises(specify exact location of premises) 3215 14i`�iiinc ty( 114 City J County State ZIP Code Lo na mani- Wald 0.0 S050,4 4. Mailing`3ddress (Number and Street) City or Town State ZIP Code SA me. 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 Sjr o€-i'S 842 4 Ci/2y�L and ur0ad- 5-a9-03 LIA6 SECTION A Nonrefundable APPLICATION FEES LIAR SECTION D LIQUOR LICENSE FEES 2300 ❑ Application Fee for New License 900.00 1940 ❑Retail Liquor Store License(city) $227.50 2300 ❑ Application Fee-New License Concurrent Review.. 1000.00 1940 ❑Retail Liquor Store License(county) 312.50 2310 ❑ Application Fee for Transfer of Ownership 900.00 1950 ❑Liquor Licensed Drugstore (city) 227.50 SECTION B 3.2%BEER LICENSE FEES 1950 ❑Liquor Licensed Drugstore (county) 312.50 2121 ❑ Retail 3.2%Beer On Premises-(city) $96.25 1960 ❑Beer&Wine License (city) 351.25 2121 CIRetail 3.2%Beer On Premises-(county) 117.50 1960 CI Beer&Wine License (county) 436.25 2122 ❑ Retail 3.2%Beer Off Premises-(city) 96.25 1970 X H & R License❑city g)county 500.00 2122 CI Retail 3.2%Beer Off Premises-(county) 117.50 1980 CI H & R License w/opt Prem❑city❑county 500.00 2123 ❑ Retail 3.2%Beer On/Off Premises-(city) 96.25 1990 ❑Club License❑city❑county 308.75 2123 CI Retail 3.2%Beer On/Off Premises-(county) 117.50 2010 ❑Tavern License❑city❑county 500.00 SECTION C RELATED FEES AND PERMITS 2020ElArts License❑city❑county 308.75 2030 ❑Racetrack License In city❑county 500.00 1985-100(999)❑Addition of related Facility Permits to existing 2040 ❑Optional Premises License❑city❑county 500.00 Resort Complex license $50.00 x Total Fee 1905 ClRetail Gaming Tavern Lic❑city❑county 500.00 2210-100(999)❑Retail Warehouse Storage Permit $100.00 1975 ❑Brew-Pub License 750.00 2220.100(999)❑Addition of Optional Premises to existing hotel/restaurant 1985 ❑Resort Complex License 500.00 $75.00 x Total Fee ❑H/R-Tavern Manager's Registration $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) Cash Fund Mew Woos Cash Fund Tn,mlor License TOTAL 2300-100 2310-100 (999) (999) A 2003-1869 LC.OON DR 8404(06/02)Page 2 APPLICATION DOCUMENTS CHECKLIST AND WORKSHEET Instructions:This check list should be utilized to assist applicants with filing all required documents for licensure. All documents must be properly signed and correspond with the name of the applicant exactly.All documents must be typed or legibly printed. Upon final State approval the license will be mailed to the local licensing authority. Application fees are nonrefundable. ITEMS SUBMITTED, PLEASE CHECK ALL APPROPRIATE BOXES COMPLETED OR DOCUMENTS SUBMITTED I. APPLICANT INFORMATION ❑ A. Applicant/Licensee identified. ❑ B. State sales tax license number listed or applied for at time of application. ❑ C. License type or other transaction identified. ❑ D. Return originals to local authority. ❑ E. Additional information may be required by the local licensing authority. II. DIAGRAM OF THE PREMISES ❑ A. No larger than 8 1/2"X 11". ❑ B. Dimensions included (doesn't have to be to scale). Exterior areas should show control (fences,walls,etc.). ❑ C. Separate diagram for each floor(if multiple levels). ❑ D. Kitchen-identified if Hotel and Restaurant. III. PROOF OF PROPERTY POSSESSION ❑ A. Deed in name of the Applicant ONLY(or) ❑ B. Lease in the name of the Applicant ONLY. ❑ C. Lease Assignment in the name of the Applicant(ONLY)with proper consent from the Landlord and acceptance by the Applicant. ❑ D. Other Agreement if not deed or lease. IV. BACKGROUND INFORMATION AND FINANCIAL DOCUMENTS ❑ A. Individual History Record(s) (Form DR 8404-I). ❑ B. Fingerprints taken and submitted to local authority. (State authority for master file applicants.) ❑ C. Purchase agreement, stock transfer agreement,and or authorization to transfer license. ❑ D. List of all notes and loans. V. CORPORATE APPLICANT INFORMATION(If Applicable) ❑ A. Certificate of Incorporation (and/or) ❑ B. Certificate of Good Standing if incorporated more than 2 years ago. ❑ C. Certificate of Authorization if foreign corporation. ❑ D. List of officers,directors and stockholders of parent corporation (designate 1 person as"principal officer"). VI. PARTNERSHIP APPLICANT INFORMATION(If Applicable) ❑ A. Partnership Agreement(general or limited). Not needed if husband and wife. VII. LIMITED LIABILITY COMPANY APPLICANT INFORMATION(If Applicable) ❑ A. Copy of articles of organization (date stamped by Colorado Secretary of State's Office). ❑ B. Copy of operating agreement. ❑ C. Certificate of Authority(if foreign company). VIII. MANAGER REGISTRATION FOR HOTEL AND RESTAURANT,TAVERN LICENSES WHEN INCLUDED WITH THIS APPLICATION ❑ A. $75.00 fee. ❑ B. Individual History Record (DR 8404-I). DR 9404 j09/02)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? ❑ 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 alcoholic beverage license? ❑ (b) had an alcoholic beverage license suspended or revoked? ❑ 2 (c) had interest in another entity that had an alcoholic beverage license suspended or revoked? ❑ If you answered yes to 7a,b or c,explain in detail on a separate sheet. 8a. 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. ❑ 8b. Has a 3.2 beer license for the premises to be licensed been denied within the preceding one year?If"yes,"explain in detail. ❑ XI 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,if a partnership;members or manager if a limited liability company;or officers,stockholders or directors if a corporation)?If yes,identify the name of the business and list any ® ❑ current financial interest in said business including any loans to or from a licensee. X113 renm.14j 11. Does the Applicant,as listed on line 2 of this application,have legal possession of the premises for at least 1 year from the date that this license will be issued by virtue of ownership,lease or other arrangement? ❑ ❑ ❑ Ownership El Lease ❑ Other(Explain in Detail) a. If leased,list name of landlord and tenant,and date of expiration, EXACTLY as they appear on the lease: Landlord Tenant Expires 5 wort Trove%cl9a- tic Lo nc"# Scrumi s I�r odd Gat loot. zecil cal 6E. Attach a diagram and outline the area to be licensed(including dimensions)which shows the bars,brewery,walls, partitions,entrances,exits"? aw 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 jvoi,JE 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 A local ordinance or resolution authorizing optional premises has been adopted. g ❑ Number of separate Optional Premises areas requested. 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. ❑ ❑ 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 ❑ ❑ 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 Applicants answer the following: (a) Has the applicant received or applied for a Federal Brewers Notice? ❑ ❑ (Copy of notice or application must be attached) 17a. Name of Manager (If this is an application for a Hotel, Date of Birth Restaurant or Tavern License,the manager must also submit an Individual History Record(DR 8404-I). 17b. Does this manager act as the manager of,or have a financial interest in,any other liquor Yes No licensed establishment in the State of Colorado? If yes,provide name,type of license and account number. ❑ ❑ 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 in the applicant currently have an outstanding tax distraint issued to them by the Colorado Department of Revenue? ❑ ❑ If yes,provide an explanation and include copies of any payment agreements. DR 8404(06/02)Page 4 19. If applicant is a corporation,partnership,association or a limited liability company, it is required to list by position all officers and directors, general partners, managing members, all stockholders, partners(including limited partners) and members who have a 10%or greater financial interest in the applicant. All persons listed here or by attachment must submit and attach a DR 8404-I(Individual History Record) and provide fingerprint cards to their local licensing authority. NAME HOME ADDRESS,CITY&STATE DB RTHATE OF POSITION %OWNED S'rnan f--4 yw af'43 I-&kbarr•N CiS,, 1�m6t& U.0 8050I ftla..tggar 6i% 20. Has the Applicant provided,or does the applicant intend to provide their staff with server training. C1/es No 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.(if a foreign corp.) ❑ PARTNERSHIP ❑ Partnership Agreement(General or Limited) ❑ Husband and Wife partnership(no written agreement) ❑ LIMITED LIABILITY COMPANY ❑ Articles of Organization ❑ Cert.of Authority(if foreign company) ❑ Operating Agrmt. ❑ ASSOCIATION OR OTHER Attach copy of agreements creating association or relationship between the parties Registered Agent(if applicable) Address for Service OATH OF APPLICANT I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best of my knowledge. I also acknowledge that it is my responsibility and the responsibility of my agents and employees to comply with the provisions of the Colorado Liquor or Beer Code which affect my license. Authorize ignature G Title p2e Date s.°6"rr yr,, 1 ie x)e3 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. 5-a7-.onrro3 C; //:de a.M . Each person required to file DR 8404-I: Yes No a.Has been fingerprinted ❑ ❑ b.Background investigation and NCIC and CCIC check for outstanding warrants conducted c.The local authority has already conducted,or intends to conduct,a premise inspection to insure that the applicant is ❑ ❑ in compliance with,and aware of,liquor code provisions affecting their class of license. If not,does the authority want the slate to conduct such an inspection. (date of inspection) ❑ ❑ The foregoing application has been examined;and the premises,business to be conducted,and character of the applicant are satisfactory. We do report that such license,if granted,will meet the reasonable requirements of the neighborhood and the desires of the adult inhabitants, and will comply with the provisions of Title 12,Article 46 or 47, C.R.S. THEREFORE,THIS APPLICATION IS APPROVED. Local Licensing Authority for Telephone Number 5 TOWN,CITY ld Co nty, Col. a• .�a (970)356-4000 Ext 4225 ® COUNTY Sig 4 Tit Date air, Weld County • ' ` � ,�•� 7• • • t. C my nmmi Rinnara Signa u ttes �� ^ tr Date �t ( Y�/ Au. cam'. �'y4-�"��cX - - r9 „ qty Clerk to Han Rn_ar,t If premises are located within a cit y.�-.• �.val should be signed by the mayor and clerk, if in a county,then by the chairman of the board of county commissio • •r�• •• - s.• • .'•rd. If,by ordinance or otherwise,the local licensing authority is some other official, then such approval should be give 4:,,` .N ci:. Hello