HomeMy WebLinkAbout20033176.tiff RESOLUTION
RE: APPROVAL OF TEMPORARY PERMIT FOR A TAVERN LIQUOR LICENSE FOR
SHERRY LEE GEORGE, DBA GEORGE'S LUCKY STAR RESTAURANT AND NITE
CLUB AND AUTHORIZE CHAIR TO SIGN
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,Sherry Lee George,dba George's Lucky Star Restaurant and Nite Club,33131
Highway 85, Lucerne, Colorado 80646,presented to the Board of County Commissioners of Weld
County, Colorado, an application for a Transfer of Ownership of a Tavern Liquor License, for the
sale of malt,vinous and spirituous liquors for consumption by the drink on the premises only,said
License previously held by AFA, LLC, dba El Rey Night Club, and
WHEREAS,Section 12-47-106.5, C.R.S.,which became effective July 1, 1991,allows for
the issuance by the Board of County Commissioners of a temporary permit to the transferee of an
existing liquor license to authorize the transferee to conduct business and sell alcoholic beverages
at retail in accordance with said license, subject to compliance with certain conditions, and
WHEREAS, Sherry Lee George has complied with all of the conditions set forth in said
Section, and
WHEREAS, Sherry Lee George has also submitted the required application fee for said
temporary permit of $100.00.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that having examined said application and other qualifications of the applicant for
the transfer of the Tavern Liquor License and having considered said request for a temporary
permit, does hereby grant to Sherry Lee George, dba George's Lucky Star Restaurant and Nite
Club,33131 Highway 85, Lucerne,Colorado 80646,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 AFA, LLC,dba El Rey Night Club,
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.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is,authorized to
sign said permit.
2003-3176
LC0016
C(� : ,ast-> O/-/&-oil
TEMPORARY PERMIT FOR TAVERN LICENSE -GEORGE'S LUCKY STAR RESTAURANT
AND NITE CLUB
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 19th day of November, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
l ��A
ATTEST: . �- . ���` EXCUSED
D vid . Lon , Chair
Weld County Clerk tot B.f Robert D. sden, Pro-Tern
BY: i.' •
Deputy Clerk to the Bo.., .. 0 N'\
�►� M. J. eile
APPRO D AS--"K ORM: tt
�- William H.
Jerke
: 6?ty ittorn yydelk
Glenn Vaad
Date of signature: 1/7
2003-3176
LC0016
PLEASE POST NEAR EXISTING LICENSE
TO WHOM IT MAY CONCERN:
On the 17th day of November,2003, Sherry Lee George,dba George's Lucky Star Restaurant and
Nite Club, submitted to an application for a Transfer of Ownership for a Tavern, with said license
previously being held byAFA, LLC,dba El Rey Night Club,and expiring on February 17,2004. 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 33131 Highway 85, Lucerne, Colorado
80646,undera Temporary Permit which has been approved by the Board on November 19,2003.
This Temporary Permit allows Sherry Lee George, dba George's Lucky Star Restaurant and Nite
Club,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 byAFA,
LLC, dba El Rey Night Club, 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 4226, between the hours of 8:00 a.m. and 5:00 p.m.,
Monday through Friday.
Sincerely,
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
SOat k \N\CL7-
Robert D. Masden, Chair Pro-Tem
RDM/eeg
cc: Sheriffs Office
Liquor Enforcement Officer
2003-3176
LC0016
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 it 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 ❑x' 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
'/%,122Lt L Id-Q- G eorzc) rL
2a.Trade Name of Establi9tment(DBA) State Sales Tax No. Business Telephone
GeorcieS Lucky Star 12esMabrnnl- ( Ni+e cu4, - `/09 3/0. C776 .- 35a -3y9
3. Address of Premises(specify enact location of premises) -
33 1 3 i /-t y 2.3—
City County State z.7 ZIP Code
Lc-1 C k_rn _- hl.Q,L 7 cc 2o ,< Sz
4. Mailing Address (Number and Street City or Town State ZIP Code
3 3 i 3 i /Lu7 -� Lue.c_o C0 c6 �f �,
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
It C`1 NCC, NIL\ht' CLu0 �/,. :V.325f_c k,00 -I/5v?lAl ,=(i3 _ , 7, Ace"4
WA@ SECTION A Nonrefundable APPLICATION FEES LIA@ SECTION D LIQUOR LICENSE FEES
2300 ❑ Application Fee for New License 900.00 1940 ❑Retail Liquor Store License (city) $227.50
2300 ❑ y4pplication Fee-New License Concurrent Review.. 1000.00 1940 ❑Retail Liquor Store License (county) 312.50
2310 Wir 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 ❑ Retail 3.2%Beer On Premises-(county) 117.50 1960 ❑Beer&Wine License (county) 436.25
2122 ❑ Retail 3.2%Beer Off Premises-(city) 96.25 1970 ❑H& R License❑city❑county 500.00
2122 ❑ Retail 3.2%Beer Off Premises-(county) 117.50 1980 ❑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 ❑ Retail 3.2%Beer On/Off Premises-(county) 117.50 2010 �lavern License❑city ptr unty 500.00
2020 El Arts License❑city❑county 308.75
SECTION C RELATED FEES AND PERMITS 2030 ❑Racetrack License❑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 1905 ❑Retail Gaming Tavern Lic❑city❑county 500.00
$50.00 x Total Fee
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
License Issued Through
County City Industry Type License Account Number Liability Date
(Expiration Date)
• FROM TO
State City County Managers Reg
_-750(999) 2180-100(999) 2190-100(999) -750(999)
r A
Cash Fund Nee Lianas Cash Fume Transfer License TOTAL
2300-100 2310-100
(999) (999)
A
i_Cvc 16
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)
2, 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 8404(06/02)Page 3
6. Is the applicant(including any of the partners,it 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? ❑
(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. ❑ Er
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. ❑
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.
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 c2C 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 Tena t Expires
0441 67 94 tv O
Attach a diagram and outline 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
A local ordinance or resolution authorizing optional premises has been adopted. ❑
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. II 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 DATE OF POSITION 'h OWNED
BIRTH
20. Has the Applicant provided,or does the applicant intend to provide their staff with server training. Nes) 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
1 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 Signature t/ Title y, Date
1n-7 / c 2t7 _ L�tema2z.2� //'-/ - O
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.
II-i'7 �vJ3
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 state to conduct such an inspection. (date of inspection) ❑ O
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 ❑ TOWN,CITY
❑ COUNTY
Signature Title Date
Signature(attest) Title Date
If 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 to the board. If,by ordinance or otherwise,the local licensing authority is some other official,
then such approval should be given by such official.
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