HomeMy WebLinkAbout20010435.tiff RESOLUTION
RE: ACTION OF BOARD AT SHOW CAUSE HEARING TO DETERMINE WHETHER
GOOD CAUSE EXISTS NOT TO RENEW TAVERN LIQUOR LICENSE - ROMANCE,
INC., DBA CLUB ROMANCE/LUCKY STAR - EXPIRES JANUARY 21, 2002
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 Sections 12-2-30,
12-2-40, and 12-2-50 of the Weld County Code, may set probable cause and show cause
hearings to be held on the application for renewal of any liquor license previously issued, and
WHEREAS, Romance, Inc., dba Club Romance/Lucky Star, holds a Tavern Liquor
License, to sell malt, vinous, and spirituous liquors, by the drink for consumption on the
premises only, said license being previously approved by the Board and expiring on January 21,
2001, and
WHEREAS, the Board received information from the Weld County Sheriffs Office ("the
Sheriff's Office"), the Colorado State Patrol ("the Patrol"), and the Liquor Enforcement Division
("Liquor Enforcement") regarding certain facts which could bring a reasonable person to believe
the existence of one of the factors stated in Section 12-2-40 of the Weld County Code
regarding the renewal of said license, and
WHEREAS, at a Probable Cause Hearing held on January 15, 2001, at 9:00 a.m.,
during which the Licensee was present, the Board considered evidence in the form of testimony
from: Sheriff's Deputy Vicki Harbert, State of Colorado Liquor Enforcement Division Officer
David Sauter, Mr. Manual Manriquez, President, Romance, Inc., and Mr. Rueben Rodriguez,
Manager, Romance, Inc., dba Club Romance/Lucky Star, and
WHEREAS, at said Probable Cause Hearing, the Board deemed it advisable to set a
Show Cause Hearing concerning the renewal of the Tavern Liquor License issued to Romance,
Inc., DBA, Club Romance/Lucky Star, on February 12, 2001, at 9:00 a.m., pursuant to the
procedures set forth in Sections 12-2-40 and 12-2-50, Weld County Code, and Section 12-47-
302, C.R.S., to allow the Board to consider evidence for the determination of whether or not
factors A. and/or B. of Section 12-2-40 of the Weld County Code exist and thereby determine if
good cause exists to refuse to renew, and, if so, if there is sufficient evidence of the existence
of any of the factors listed in the "Phase II" portion of said procedures (Section 12-2-50 of the
Weld County Code) which may exacerbate or ameliorate the situation, and
WHEREAS, at said hearing of February 12, 2001, the Board deemed it advisable to
continue said matter to February 14, 2001, at the request of the representatives for the licensee
due to a conflict of schedules, to Wednesday, February 14, 2001, at 9:00 a.m., to allow
consideration of a proposed resolution and public input, and
WHEREAS, at said hearing on February 14, 2001, the Board deemed it advisable to
continue said matter to February 21, 2001, for a full Show Cause Hearing concerning the
renewal of the Tavern Liquor License issued to Romance, Inc., dba, Club Romance/Lucky Star,
2001-0435
LC0016
n1Ccn0e1L',
�'-� ,c-26; /1c
RE: SHOW CAUSE HEARING - ROMANCE, INC., DBA CLUB ROMANCE/LUCKY STAR -
EXPIRES JANUARY 21, 2002
PAGE 2
pursuant to the procedures set forth in Sections 12-2-40 and 12-2-50, Weld County Code, and
Section 12-47-302, C.R.S., to allow the Board to consider evidence for the determination of
whether or not the following factors "A" and/or"B" exist and thereby determine if good cause
exists to refuse to renew, and, if so, if there is sufficient evidence of the existence of any of the
factors listed in the "Phase II" portion of said procedures (Section 12-2-50, Weld County Code)
which may exacerbate or ameliorate the situation, and
WHEREAS, at said Show Cause Hearing on February 21, 2001, the Board considered
the recommendations of the Sheriff's Office, the Patrol, and Liquor Enforcement to accept
conditions for the renewal of said Tavern Liquor License, said conditions being set forth herein,
and
WHEREAS, at said Show Cause Hearing, the Licensee agreed to the conditions for the
renewal of said Tavern Liquor License as set forth herein, agreed to waive the right to hear and
have the opportunity to respond to evidence presented at said Show Cause Hearing, and
agreed that if evidence had been presented, it may have established the following:
A. Violations in the last one-year period by the Licensee or any of the agents,
servants, or employees of the licensee, of the provisions of the Colorado Liquor
Code, or any of the rules or regulations authorized pursuant to the Colorado
Liquor Code, or any of the terms, conditions, or provisions under which the
license was issued.
1. Evidence of a minor consuming an alcoholic beverage inside the licensed
premises which was provided to her by another patron of age.
2. Evidence that in the vicinity of the licensed premises, the Patrol had
conducted traffic stops on the suspicion of driving while intoxicated,
wherein a reasonable person reviewing reports of such traffic stops could
believe that the Licensee served alcohol to visibly intoxicated persons.
3. Evidence of lack of posted warning signs, license not clearly posted, lack
of adequate books and records, insects in some of the bottles, and
purchasing more than $500.00 of liquor from a source other than a
licensed wholesaler within a calendar year.
B. Excessive noise, rowdiness, or disturbances in the immediate area of the
licensed premises which has been substantially a result of the operation of the
licensed premises.
1. Evidence of incidents to which the Sheriff's Office and the Patrol
personnel have been forced to respond, including, but not limited to,
fighting among patrons both inside the licensed premises and in the
parking lot of the establishment, assaults, and traffic calls.
2001-0435
LC0016
RE: SHOW CAUSE HEARING - ROMANCE, INC., DBA CLUB ROMANCE/LUCKY STAR -
EXPIRES JANUARY 21, 2002
PAGE 3
WHEREAS, pursuant to Appendix 5-H of the Weld County Code, said Licensee has
paid the sum of$125.00 to the County of Weld for the renewal of the existing license, and
WHEREAS, said Licensee 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:
33131 Highway 85, Lucerne, Colorado 80646.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, having examined said application and the other qualifications of the
Licensee, does hereby grant Tavern Liquor License #2001-17 to said Licensee to sell malt,
vinous and spirituous liquors for consumption by the drink on the premises only, only at retail at
said location; and the Board does hereby authorize and direct the issuance of said license by
the Chairman 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 January 21, 2002, 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, subject to the following conditions:
A. The Licensee's liquor license shall be suspended for a period of 14 days, which
period of suspension shall be split into two seven-day time periods. The first
seven-day period of suspension shall begin and include February 23, 2001. The
second seven-day period of suspension shall begin and include April 6, 2001.
The Licensee shall comply with any and all rules and/or regulations pertaining to
such suspension as set by the State of Colorado, Department of Revenue.
B. The Licensee shall prohibit minors from the night club area of the licensed
premises whenever alcoholic beverages are being served. The Licensee shall
initiate a system to identify patrons within the night club area of licensed
premises. The new system shall include implementing a system of hand
marking that utilizes different stamps and different colored inks changing nightly
which so identifies the patrons within the night club area of the licensed
premises.
C. The Licensee shall require all persons who appear to be thirty years of age or
younger to carry on their persons, adequate, currently valid identification of age,
(those documents set forth in Colorado Liquor Code Regulation 47-128.3) while
inside the night club area of the licensed premises.
D. The Licensee shall call the Sheriffs Office to arrest any person whom the
Licensee has reason to believe has violated the Colorado Liquor Code or other
State law in the licensed premises or its parking lot. Furthermore, the Licensee
2001-0435
LC0016
RE: SHOW CAUSE HEARING - ROMANCE, INC., DBA CLUB ROMANCE/LUCKY STAR -
EXPIRES JANUARY 21, 2002
PAGE 4
shall meet weekly with Weld County Sheriffs Office personnel to discuss matters
of concern regarding the operations of the tavern.
E. The Sheriff's Office has agreed to design a flyer warning adults and minors that
providing alcohol to minors and consumption of alcohol by minors is a violation of
the Colorado Revised Statutes and of the possible penalties. The Licensee shall
distribute the flyer to patrons of the tavern several times per month. Printing of
the flyer shall be the responsibility of the Licensee.
F. The Licensee shall post signs within the licensed premises, in English
and in Spanish, warning adults and minors that providing alcohol to minors and
consumption of alcohol by minors is a violation of the Colorado Revised Statutes
and of the possible legal penalties for doing so.
G. The Licensee shall ensure that the security guards working inside the licensed
premises keep aisle and passageways clear at all times. No such security
guards shall be required to take door receipts and/or tend bar. The Licensee
shall provide to the Sheriffs Office and the Clerk to the Board's Office, on an
ongoing basis, within thirty (30) days after hire or employment, copies of
certificates of training for such security guards and copies of certificates
permitting all armed security guards to carry weapons.
H. The Licensee shall continue to hire two individuals to work in the parking lot of
the licensed premises to ensure that is cleaned up after the close of business
and that vehicles are parked properly. These individuals shall also provide
security in the parking lot. Traffic cones shall be set up nightly to ensure that
patrons park only in the tavern bar parking lot. These employees shall also pick
up trash that is deposited on neighboring property by tavern patrons.
The Licensee shall ensure that the two security guards working outside the
licensed premises shall prohibit loitering from taking place in the parking lot of
the licensed premises. The Licensee shall provide to the Sheriff's Office and
the Clerk to the Board's Office, on an ongoing basis, within thirty (30) days after
hire or employment, copies of certificates of training for the two outside security
guards and copies of certificates permitting all armed security guards to carry
weapons.
J. The Licensee shall ensure that adequate lighting to fully illuminate the parking lot
of the licensed premises and thereby provide for the safety of all patrons and
employees shall be installed and operated. Space in the parking lot, close to the
main door of the licensed premises, shall be kept open to allow emergency
vehicles access. The Licensee shall post signs outside the licensed premises, in
English and in Spanish, warning patrons that parking is only allowed in the
parking lot of the licensed premises (not on the shoulder of U.S. Highway 85 or
on the property located on the east side of Highway 85, nor in the lots located on
properties to the north and south of the licensed premises).
2001-0435
LC0016
RE: SHOW CAUSE HEARING - ROMANCE, INC., DBA CLUB ROMANCE/LUCKY STAR -
EXPIRES JANUARY 21, 2002
PAGE 5
K. The Licensee shall provide one parking stall near the front entrance of the
licensed premises that will be reserved for a Sheriff's Office vehicle. The
Sheriffs Office has agreed to provide the signage for this parking stall.
L. The Licensee shall ensure that its security personnel shall count each person
coming into the licensed premises such that the number of persons occupying
the bar and dance floor/sitting area shall not exceed the occupancy limits of that
area as set by the Fire Marshall for the Eaton Fire Department. The Licensee
shall also ensure that the area where alcohol is served and consumed does not
exceed 5,000 square feet in size and that the requirements set forth in the letter
of David Sprague, Building Official, Weld County Department of Building
Inspection, dated October 30, 2000, a copy of which is attached hereto and is
referred to herein as Exhibit"A," are complied with at all times.
M. The Licensee shall ensure that all bartenders and wait staff, present and future,
shall attend the T.I.P.S. program or similar training to learn when to stop serving
alcoholic beverages to intoxicated patrons. The Licensee shall provide to the
Sheriffs Office and the Clerk to the Board's Office, on an ongoing basis, within
thirty (30) days after hire or employment, copies of certificates showing the
successful completion of said training by the present bartenders and wait staff.
N. The Licensee shall post its liquor and tobacco licenses in the proper location of
the licensed premises at all times.
O. The Licensee shall allow no readmittance to the licensed premises to patrons
who leave prior to closing time.
P. The Licensee shall comply with all of the requirements of the Colorado Liquor
Code and with all of the conditions and requirements set forth in this Resolution.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said Liquor License Renewal Application.
2001-0435
LC0016
RE: SHOW CAUSE HEARING - ROMANCE, INC., DBA CLUB ROMANCE/LUCKY STAR -
EXPIRES JANUARY 21, 2002
PAGE 6
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of February, A.D., 2001.
�.� BOARD OF COUNTY COMMISSIONERS
/e
, yf q WELD OUNTY ORADO
T'; • 'fir►
1861 (� � M. J. Geile, Cha• an
e ;,,•. ` he Board
Glenn Vaa , Pro- em
Depu erk to the Board
WillJker O�
my
APPRO D AS T FORM:
Davi E. Long
C' Attorne
Robert D. Masden
2001-0435
LC0016
{
THIS LICENSE EXPIRES January 21 , 2002 _
dl
E t "'' LICENSE FEE
STATE OF a COLORADO
COUNTY OF WELD
BY AUTHORITY OF THE BOARD OF COUNTY COMMISSIONERS
RETAIL LIQUOR LICENSE
FOR Tavern
SPECIFY: Retail Liquor Store,Liquor Licensed Drug Store,Hotel and Restaurant,Club,Tavern,Etc. - i
TO SELL AT RETAIL Malt_ Vinous, and Spirituous LIQUOR I
SPECIFY KINDS OF LIQUORS I
tTji6 if; to Certifp, That Romance, Incs ,__dba Club Romance/Lucky Star
of the State of Colorado,having applied for a License to sell Malt„ Vinous, and Spirituous
Liquors,and having paid to the County Treasurer the sum of One Hundred Twenty-five and 001100
($125.00 )Dollars therefor,the above applicant is hereby licensed to sell Malt Vinous. and
Spirituous Liquors containing more than 3.2%Alcohol by weight
by the drink for consumption on the premiaes_Qniy
(Insert"by the drink for consumption on the premises"or"in sealed containers NOT for consumption at place where sold.")
as a Tavern at 33131 Highway 85_, Lucerne,, CO $064€ _ in the County of
Weld,for a period beginning on the_22nd _day of January , 2001, and ending on the_21 at_ _ _
day of January , 2002_,unless this License is revoked sooner as provided by law.
This License is issued subject to the Laws of the State of Colorado and especially under the provisions of Article 47 of Title 12,
Colorado Revised Statutes,as amended.
IN TESTIMONY WHEREOF,The Board of County Commissioners has hereunto subscribed its name by its officers I
•
authorized ed this
� 21st day of February .2001
ATT T: dul /�'//u / The Bo of County Commissioners
C��� Y
f`` By_ 1LchC
�
Deputy Clerk to the Board i hair,Board of County Commissioners
11
c
THIS LICENSE MUST BE POSTED IN PUBLIC VIEW
DR 8402 W2/99)
STATE OF COLORADO
DEPARTMENT OF REVENUE
Liquor Enforcement Division
1375 Sherman Street
Denver,Colorado 80261
ROMANCE INC
CLUB ROMANCE/LUCKY
BAR
33131 HWY 85
LUCERNE CO 80646
ALCOHOL BEVERAGE LICENSE
Liability Information
Account Number County City Indust. Type Liability Date LICENSE EXPIRES AT MIDNIGHT
24-85307-0000 03 206 005813 C 012299 JAN 21, 2002
Type Name and Description of License Fee
2010 TAVERN LIQUOR LICENSE - $ 50.00
MALT, VINOUS, AND
SPIRITUOUS
2190 I COUNTY 85 PERCENT OAP FEE $ 425.00
TOTAL FEEISI $ 475.00
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.
LM
D C - OCT 2 3 2081
Division Director
Executive Director I
Number DR 8400110195) LIQUOR OR 3.2 BEER LICENSE , License285307-0000 Lice20e1 00pe
COLOgAOO DEPT OF REVENUE
LIQUOR ENFORCEMENT DIVISION RENEWAL APPLICATION Liability Information
1.375 DENVER CO SHERMAN 80261 03 206 005813 C 012299
Business Location
33131 HWY 85
ROMANCE INC LUCERNE CO
CLUB ROMANCE/LUCKY BAR Current License Expires
33131 HWY 85 JAN 21 , 2001
LUCERNE CO 80646
PLEASE COPY FOR
YOUR RECORDS
❑ This renewal reflects no changes from the last Application for renewal must be filed with your LOCAL
application. Complete page 2 and file now! LICENSING AUTHORITY at least 45 DAYS PRIOR to the
❑ There are changes from the last application. expiration date of your current license.
Complete and attach page 2 (DR 8401) and if a Exception: Wholesaler, manufacturer, importer, and public
corporation, DR 8177 - Corporate Report of transportation system license renewals do not need Local
Changes; or if a Limited Liability Company (DR Licensing Authority approval and must be returned directly to
8405). All other chances of ownership require a the Colorado Department of Revenue at least 30 days prior to
transfer of ownership application. See your Local "'C cur rr,i iicansr expiration dale.
Licensing Authority immediately. O-FI� p pEry
Delivery Permit requested?Retail Liquor Store, ' •DAYS PRIOR TO THE EXPIRATION DATE OF YOUR
Drug Store or 3.2% Beer — Combination On/Off LICENSEMAY RESULT IN YOUR LICENSE NOT
Premises Licenses ONLY. Check the box if you `BEING RENEWED.
want the permit to be issued
<.. :.: :• : OATH OF'APPUCANT' :
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.
Authorized Signatyre , a Date . I Business Phone
,'��.� °:./t z.z...Y, --...('S I I't 15 CO 1 0' 55 SOCC
Title of Si�ef(irporation) Sales Tax Number
SI•e-1-(' — arq--CZ �-35C)]
: REPORT AND:APPROVAL:•OF LICENSING AUTHORfTY:. : on .
The foregoing application has been examined and the premises,business conducted and character of the applicant are.f f- r ft�,
and we do hereby report that such license,if granted,will comply with the provisions of Title 1 2,Articles 46 and 47, �i
THEREFORE THIS APPLICATION IS APPROVED. -
v,. ,I,
Local Licensing Authority for 1- ��� �
❑ Town/City County ��:�`,.�• - '•
Weld County, Colorado r�,l�i%. •:zi•`� % 'I
Title Chair, Weld County Attest "' '! '`�;I/r; '/�`
1/ ��.��`-.ezi__ 4.'0011'n • e
Board of Commissioners
DO NOTIIIIIJI(e:
T DO NOT DETACH ��`;+Nf '.ACH
DR 8400 (08/95) LIQUOR OR 3.2 BEER LICENSE L 2 1
COLORADO DEPT OF REVENUE
1375 SHERMAN ST DENVER CO 80261 RENEWAL APPLICATION
Business Name iLICENSE NUMBER(Use for all reference) ' RENEWED LICENSE EXPIRES AFTER
CLUB ROMANCE/LUCKY 24-85307-0000 01 -21 -02
TYPE OF LICENSE ISSUED CASH FUND STATE FEE
TAVERN LIQUOR LICENSE - COUNTY 85% OAP
MALT , VINOUS , AND 2320- 100 ( 999 ) 2010-750 ( 999 ) 2190- 100 (999 )
SPIRITUOUS
$ 25 . 00 $ 25 . 00 $ 425 . 00 I
SUB-TOTAL $ 475 . 00
. ADD $75. 00 TO RENEW RETAIL WAREHOUSE STORAGE PERMIT 2210- 100 ( 999) $
TOTAL AMOUNT DUE $
Make check payable to:Colorado Department of Revenue c.OO!—6q35
5
J,,,.CDO)lO
DR 8401 (0797)
COLORADO DEPARTMENT OF REVENUE
LIQUOR ENFORCEMENT DIVISION
1881 PIERCE ATTACHMENT TO LIQUOR OR
LAKEWOOD,CO 80261
(303)205-2300 3.2 BEER LICENSE RENEWAL APPLICATION
This page must be completed and attached to your signed renewal application form.
Failure to include this page with the application may result in your license not being renewed.
Trade Name of Establishment State License Number
,nr Y\c. ) ci.� Cab Ro nct./Lt� :i 54v all-R530-7-0000
1.Operating Manager i Home Address Date of Birth
P 9 g i"(fSi 'a11'♦"
*nut,I Manrugitv2- M N .iard(h Off. P'n vVL £ '665k ��
2. Do you have legal possession of the premises forwhich this application for license is made? Yes. No
Are the premises owned or rented: ( v\-1e.PS If rented,expiration date of lease: el (3I 1.003 r'�C /J
3, Has there been any change in financial interest(new notes,loans,owners,etc.)since the last annual application?If yes,explain in Yes No
detail and attach a listing of all liquor businesses in which these new lenders or owners,(other than licensed financial institutions)areil
rl/
materially interested.
4. Since the date of filing of the last annual application,has the applicant,or any of its agents,owners,managers,principals,or lenders Yes❑ No
(other than licensed financial institutions),been convicted of a crime?If yes,attach a detailed explanation.
5. Since the date of filing of the last annual application,has the applicant,or any of its agents,owners,managers,principals,or lenders
(other than licensed financial institutions),been denied an alcoholic beverage license,had an alcoholic beverage license suspended or Yes No,
revoked,or had interest in any entity that had an alcoholic beverage license denied,suspended or revoked? If yes,attach a detailed n 4/I
explanation.
6. Does the applicant,or any of its agents,owners,managers,principals,or lenders(other than licensed financial institutions),have a Yes,/ No
direct or indirect interest in any other Colorado liquor license(iniclud `l_oans -or� from any licensee,or interest in a loan to any ` n -fl
)' yes, explanation. .--P`Ct,'*kQ ( e k 1�- _ter Cx(v b 1 Os\, ,. .(`(\CCut'Q �Y4"T. c" ,rG'r
licensee)? If attach a detailed G tt
tcJ \ It 1041 a4', 7-", Lo c, t .
7. Ole owners or husband-wife partnerships answer this question. ince the date of filing of the last annual license application:
\` Has ownership changed in whole or in part,from a sole owner to any other person,partnership,corporation,or limited liability Yes No
company other than the licensee listed on your state liquor license? If yes,this license must be transferred to the new owner and J
,(y may not be renewed.Contact your Local Authority immediately.
8. iXrtnership applicants must answer this question.Since the date of filing of the last annual license application: Yes No
,U-`V\ a) Are there,or have there been any general partners added to,or deleted from the partnership?If yes,this license must beVie
transferred to the new partnership and may not be renewed.Contact your Local Authority immediately. I/
(b) Are there,or have there been any limited partners with a 10%or more interest,added or deleted from the partnership?If yes,this I �r
license must be transferred to the new partnership and may not be renewed.Contact your Local Authority immediately.
9. Corporate applicants must answer this question.Since the date of filing of the last annual license application: Yes No
(a) Are there,or have there been any officers or directors added to,or deleted from the corporation?If yes,complete and attach
DR 8177 and submit tc your Local Authority immediately. Er
(b) Are[hers,or have tiiere been any stockholders vvith 10%or more of ii le issued stock,added to,or deieted Flom the corporation?
If yes,complete and attach DR 8177 and submit to your Local Authority immediately. Ell
(c) Date of filing last annual corporate report with the Colorado Secretary of State: .
1 mited Liability Company applicants must answer this question.Since the date of filing of the last annual license application: Yes No
\ a Are there,or have there been any managing members added to,or deleted from the company?If yes,complete and attach
DR 8177 and submit to your Local Authority immediately.
(b) Are there,or have there been any members with 10%or more membership interest,added to,or deleted from the company?
If yes,complete and attach DR 8177 and submit to your Local Authority immediately.
(c) Date of filing last annual LLCO report with the Colorado Secretary of State:
11' ge ld and Breakfast applicants must answer this question and certify compliance with 12-47-118.5 C.R.S.,to the state licensing
' 3\authority by initialing the following listed questions:
That it has no more than 20 sleeping rooms,and
That it provides at least 1 meal per day at no charge other than for overnight lodging,and
That it does not sell alcoholic beverages by the drink or in sealed containers,and
That it shall not serve alcoholic beverages for more than 4 hours in any one day,as follows:
MONDAY HOURS I TUESDAY HOURS WEDNESDAY HOURS THURSDAY HQURS FRIDAY HOURS SATURDAY OURS SUNDAY HOURS
r
From: 5-tO 41. From:551W Rm. From:5"M . From:51,•.V,'l/Q{'m. From:20a 1b 1. From51/06 ' . From: 51.(214-m.
7
To:1,{)f'.1{gym. To:11150 y2}�r��m. ]�To:—c,'
OO��m. To:"�;(.4b'�m. II To:��,02} Tin. Tot e)"d m. To: a,;Oc))��.
A-c' go.1ctRR jfolt( s- ' STltLt(ay* S'rc I'_a - hcfir'fj I2Q, e zSe=
1/ 7/ 39zz H6.J1 NJ jJ _5' l
AMENDMENT TO BUSINESS LEASE
RE: Romance Inc., and Lucky Star Corporation
Amendment made this 19th day of December, 1998 to Business Lease dated
September 1. 1998 and concerning the premises located at 33131 Highway 85,Lucerne,
Weld County, Colorado.
This Amendment to Business Lease is to extend the Contract of this Ingo'from
September 1, 1998 to September I,2003 and the Guarantors.,Manuel Manriquez and
Gerardo Manriquez.have the first choice to Lease for two(2)year option or purchase the
Properly-
Second.Amendment to Business Lease entered,agreed and executed on the and
date first above mentioned and effective retroactively to September 1, 1998
By .. our
.�.
Vide President,Hadi Tehranian
TENANT_ Romance Inc.
By.S.:211..Clekinde, ctii �LG
President_ Manuel Manriquez
GUARANTORS: M anvAil Manuel Mariquez
cecrardManriquez
I 'd etit .!4B-Sd6 pez9Jozog ue9row dLO :ZO to ez Jew
THE LAW OFFICE
OF
• DIANA R. MAURER SCHATZ
2261 Jasmine Street
Denver, CO 80207
Tel: (1308) 333-6330 • Fax: (303) 329-0953 • Email: dianamschatz@aoLcorn
March 27, 2001
Via Facsimile
(970) 356-0242
Bruce T. darker
Weld Cbtlrity Attorney
PO B041148
Greeleyk. CO 80632
RE: Liquor License Renewal— Romance, Inc., d/b/a Club Romance/Lucky
Star
Dear Mr. Barker:
Thank you for taking the time to discuss with me the ai>ove referenced matter. I
hope I can clarify for you any remaining issues.
In response to question No. 6 on the renewal application, Ruben Rodriguez,
whose coi3Pk ction with Romance, Inc. is described below, has applied for a
tavern lilt license for a single location in Ft. Lupton. That application is
pendir"ic. 1 principals of Romance, Inc., Manuel Manriquez and Gerardo
Manriduat) do not have any interest in any other liquor license.'
Prior tb F=ebruary, 2001, Ruben Rodriguez was employed as the restaurant
manager or the Lucky Star restaurant. Ruben Rodriguez then served as the
manager of Club Romance from mid-February, 2001, until March 22, 2001, when
he was hoptiaced as manager by Isidro Rodriguez.2 Isidro Rodriguez will be
registered as the new manager promptly. For the next three to four weeks,
Ruben Ottitdriguez will be providing training and general transition assistance to
the new manager, and may also act as a bartender. His compensation for these
services will be approximately$400.00 per week.
With respect to the firewall, it is my understanding that the purchaser's of Club
Romance would prefer to install a sprinkler system rather than reduce the square
footage of the premises. I understand they hope to complete the modifications
during the week of April 6, 2001. They will obtain the necessary permits and
' Manuel Manuel Idariquez will be a co-lessor of the Pt.Lupton premises for which Mr_Rodriguez is seeking a
license,tHik Will have no interest in the licensed business.
1 Isidro Iez is the principal of AFA,LL.C,which hopes to purchase the business from Romance,
Inc.,and a a transfer of its liquor license,
Z00'd aer:Zt T01LZ/E0
2
inspections, please contact me as soon as possible if you anticipate a problem
with this plan.
I look forward to working with you and your office in resolving any remaining
issues the County may have.
Ve -truly yo
/7y
D ANA R. MAURER SC ATZ�
Cc: MahtieI Manriquez
a800'd del-ZS i0/LZ!£0
U.S. Postal Service
CERTIFIED MAIL RECEIPT
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SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3.Also complete A. Received;� • by(Please Print Clearly) B. Date of Delivery
item 4 if Restricted Delivery is desired. ra+(.advrefivL i,4-a c-o7
• Print your name and address on the reverse C. Sign:
so that we can return the card to you. 0 Agent
• Attach this card to the back of the mailpiece, X C iia, 0 Addressee
or on the front if space permits. `
D. Is delivery address different from item 1? ❑Yes
1. Article Addressed to: If YES,enter delivery address below: O No
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4. Restricted Delivery?(Eire Fee) 0 Yes
2. Article Number(Copy from service label)
7040 q-0 00,5 04,043 7"57
PS Form 3811,July 1999 Domestic.f eturn Receipt ' 10259500-M-0952
DEPARTMENT OF BUILDING INSPECTION
4/0 1555 N. 17TH AVENUE
GREELEY, COLORADO 80631
WEBSITE: www.co.weld.co.us
PHONE (970) 353-6100, EXT.3540
FAX (970) 304-6498
•
COLORADO
October 30, 2000
Lucky Star Bar and Grill
P.O. Box 52
Lucerne, CO 80646
To Whom It May Concern:
In response to a concern expressed by the Eaton Fire Department, Reuben Rodriguez ("Club
Romance"manager), Roger Vigil (Weld County Plan Reviewer), Pat Romansik (Assistant Fire Chief,
Eaton Fire Department), Wayne Griffin (Fire Chief, Eaton Fire Department), and I, walked through
the "Club Romance" located at 33131 Hwy. 85, Lucerne, Colorado, October 27, 2000.
The Fire Department responded to a call at this location approximately two weeks ago. After arriving
they found the establishment to be greatly overcrowded. In fact, there was such a large cumber of
vehicles parked around the building that the Fire Department found it difficult to get up to the building.
If a true emergency had occurred, it would have been nearly impossible to properly respond to the
situation.
As a building inspection department, our concern is that the building has the necessary items in place to
assure that, in the event of an emergency, all occupants can safely get out of the building to a secure
area. The 1997 Uniform Building Code(UBC) therefore, closely examines the exiting system to make
sure it is adequate, sets a reasonable occupant load for the building, and controls the size of the area
allowed for a drinking establishment. Obviously, safety risks increase when a large number of people
assembly in a confined area where physical capabilities may be impaired.
The UBC states: •
1. Exit signs are required at ail exit doors. Exit signs are required to be illuminated at all times.
Emergency power shall be provided to all exit lights. (Section 1003.2.8)
2. All exit and exit-access doors shall be provided with panic hardware. (Section 1007.2.5)
Service.Teamwork, Integrity,Quality
EXHIBIT "A"
Page 2
3. All exit and exit-access doors shall remain unlocked during business hours. (Section
1007.2.5)
4. The two existing gates located in the wooden privacy fence in the patio area, shall be open
and unobstructed out to the public way. (Section 1005.1)
5. Drinking establishments exceeding 5,000 square feet are required to have an automatic
sprinkler system. (Section 904.2.3.1) At this time the area serving alcoholic beverages is
larger than 5,000 square feet. To avoid installing an automatic sprinkler system, areas not
related to the area serving alcoholic beverages, {for example storage rooms, bathrooms, the
kitchen, etc.) can be separated by a one-hour fire-resistive occupancy separation. All
openings within this separation shall be protected by a fire assembly having a one-hour fire-
protection rating. This separation wall would need to be installed in such a way as to limit
the area where alcohol is served to a maximum of 5,000 square feet.
6. Since the restaurant area in the southern part of the building also serves alcohol, it too
becomes part of the drinking area and is included in the 5,000 square foot area calculation.
During our walkthrough, Reuben Rodriguez mentioned that the restaurant would not be open
concurrently with the bar/dance area. As long as this arrangement is maintained, matters are
less complicated. If at any time the restaurant is open at the same time as the bar/dance area,
the building would be in violation of UBC regulations. The entire building would likely
• require an automatic sprinkler or numerous area separation walls.
7. After the modifications have been made, an occupant load will be established. The capacity
of the room(s) shall be posted in a conspicuous place on an approved sign located near the
main exit from the room. Such signs shall indicate the number of occupants permitted for
each room. (Section 1007.2.6) Once this number is set, it will be the responsibility of the
management to insure that the capacity of the building does not exceed the posted occupant
load.
8. The 1997 Uniform Fire Code and Eaton Fire Department require the ability to get emergency
vehicles up to the building. Fire Chief. Wayne Griffin, may be contacted for specific details.
Since we are dealing with a potentially dangerous situation, a violation will be written until this matter
is resolved. Before work is started, a permit application needs to be filled out at our office located at
1555 N. 17 Avenue, Greeley, Colorado. Please bring a drawing with accurate room dimensions,
location of the proposed one-hour fire-resistive occupancy separation wall, a cross-section of the actual
construction of the wall, and location and information regarding any openings in the wall. Also, a
warranty deed is required to begin this process. A copy of the warranty deed can be obtained at the
Weld County Clerk and Recorder's office if there is not one on file at your office. Please come into
our office within the next week or by November 6, 2000, and apply for the building permit.
Service,Teamwork,Integrity,Quality
Page 3
Until all eight matters have been taken care of and a final approval is obtained from the Eaton Fire
Department and the Weld County Building Inspection Department, the occupant load is not to be
greater than 350. Again, it will be the responsibility of management to make sure this number is not
exceeded.
I am forwarding a copy of this letter to Julie Chester, the lead planner for Weld County. Ms. Chester
will contact you with any comments or concerns.
Your assistance and prompt action is appreciated in this matter.
Sinc.—r ly,
•
David Sprag
Building Official
cc: Wayne R Griffin, Fire Chief, Eaton Fire Dept.
Julie Chester. Weld County Planning Dept.
Service,Teamwork, Integrity, Quality
AGREEMENT FOR RECOMMENDATION OF RENEWAL
FOR TAVERN LIQUOR LICENSE
ROMANCE,INC.,DBA CLUB ROMANCE/LUCKY STAR
THIS AGREEMENT is made and entered into this 21'day of February, 2001,by and
between Romance,Inc., dba Club Romance/Lucky Star("Club Romance" or"the Licensee"),
Weld County Sheriffs Office ("the Sheriff's Office"), and the State of Colorado,Department of
Revenue Liquor Enforcement Division("Liquor Enforcement").
WITNESSETH:
WHEREAS, Club Romance holds a Tavern Liquor License to sell malt, vinous, and
spirituous liquors,by the drink for consumption on the premises only, said license being
previously approved by the Board of County Commissioners of Weld County, Colorado ("the
Board"), and expiring on January 21, 2001, and
WHEREAS,the Sheriff's Office,the Colorado State Patrol ("the Patrol"), and Liquor
Enforcement previously provided information to the Board regarding certain facts which could
bring a reasonable person to believe the existence of one of the factors stated in Section 12-2-40
of the Weld County Code regarding the renewal of said license, and
WHEREAS, a Probable Cause Hearing was held before the Board on January 15, 2001, at
9:00 a.m., during which the Licensee was present, and therein the Board considered evidence in
the form of testimony from: Sheriff's Deputy Vicki Harbert, State of Colorado Liquor
Enforcement Division Officer David Sauter, Mr. Manual Manriquez,President, Romance, Inc.,
and Mr. Rueben Rodriguez, Manager, Club Romance, and
WHEREAS, at said Probable Cause Hearing,the Board deemed it advisable to set a
Show Cause Hearing concerning the renewal of the Tavern Liquor License issued to Club
Romance on February 12, 2001, at 9:00 a.m.,pursuant to the procedures set forth in Sections 12-
2-40 and 12-2-50, Weld County Code, and Section 12-47-302, C.R.S.,to allow the Board to
consider evidence for the determination of whether or not factors A. and/or B. of Section 12-2-40
of the Weld County Code exist and thereby determine if good cause exists to refuse to renew,
and, if so, if there is sufficient evidence of the existence of any of the factors listed in the "Phase
II" portion of said procedures (Section 12-2-50 of the Weld County Code) which may exacerbate
or ameliorate the situation,and
WHEREAS, at said hearing of February 12, 2001,the Board deemed it advisable to
continue said matter to February 14, 2001, at the request of the representatives for the licensee
due to a conflict of schedules, to Wednesday,February 14, 2001, at 9:00 a.m., to allow
consideration of a proposed resolution and public input, and
Page 1 of 6 Pages
WHEREAS, at said hearing on February 14, 2001, the Board deemed it advisable to
continue said matter to February 21, 2001, for a full Show Cause Hearing concerning the renewal
of the Tavern Liquor License issued to Romance, Inc., dba, Club Romance/Lucky Star, pursuant
to the procedures set forth in Sections 12-2-40 and 12-2-50, Weld County Code, and Section 12-
47-302, C.R.S., to allow the Board to consider evidence for the determination of whether or not
the following factors "A" and/or"B" exist and thereby determine if good cause exists to refuse to
renew, and, if so, if there is sufficient evidence of the existence of any of the factors listed in the
"Phase II" portion of said procedures (Section 12-2-50, Weld County Code) which may
exacerbate or ameliorate the situation, and
WHEREAS, the parties hereto now desire to recommend to the Board for it to renew said
Tavern Liquor License and to accept conditions for such renewal, said conditions being set forth
herein, and
WHEREAS, the Licensee agrees to the conditions for the renewal of said Tavern Liquor
License as set forth herein, agrees to waive the right to hear and have the opportunity to respond
to evidence presented at said Show Cause Hearing continued to February 21, 2001, and agrees
that if evidence had been presented, it may have established the following:
A. Violations in the last one-year period by the Licensee or any of the agents,
servants, or employees of the licensee, of the provisions of the Colorado Liquor
Code, or any of the rules or regulations authorized pursuant to the Colorado
Liquor Code, or any of the terms, conditions, or provisions under which the
license was issued.
1. Evidence of a minor consuming an alcoholic beverage inside the licensed
premises which was provided to her by another patron of age.
2. Evidence that in the vicinity of the licensed premises, the Patrol had
conducted traffic stops on the suspicion of driving while intoxicated,
wherein a reasonable person reviewing reports of such traffic stops could
believe that the Licensee served alcohol to visibly intoxicated persons.
3. Evidence of lack of posted warning signs, license not clearly posted, lack
of adequate books and records, insects in some of the bottles, and
purchasing more than $500.00 of liquor from a source other than a
licensed wholesaler within a calendar year.
B. Excessive noise, rowdiness, or disturbances in the immediate area of the licensed
premises which has been substantially a result of the operation of the licensed
premises.
1. Evidence of incidents to which the Sheriff's Office and the Patrol
Page 2 of 6 Pages
personnel have been forced to respond, including, but not limited to,
fighting among patrons both inside the licensed premises and in the
parking lot of the establishment, assaults, and traffic calls.
NOW, THEREFORE, in consideration of the promises contained herein, the parties
hereto agree to recommend to the Board that it renew said Tavern Liquor License to sell malt,
vinous and spirituous liquors for consumption by the drink on the premises only, at retail at said
location, such license to be in effect until January 21, 2002, 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, and any violations thereof shall be cause
for revocation of the license, subject to the following conditions:
A. The Licensee's liquor license shall be suspended for a period of 14 days, which
period of suspension shall be split into two 7 day time periods. The first 7 day
period of suspension shall begin and include February 23, 2001. The second 7
day period of suspension shall begin and include April 6, 2001. The Licensee
shall comply with any and all rules and/or regulations pertaining to such
suspension as set by the State of Colorado, Department of Revenue.
B. The Licensee shall prohibit minors from the night club area of the licensed
premises whenever alcoholic beverages are being served. The Licensee shall
initiate a system to identify patrons within the night club area of licensed
premises. The new system shall include implementing a system of hand marking
that utilizes different stamps and different colored inks changing nightly which so
identifies the patrons within the night club area of licensed premises.
C. The Licensee shall require all persons who appear to be thirty years of age or
younger to carry on their persons, adequate, currently valid identification of age,
(those documents set forth in Colorado Liquor Code Regulation 47-128.3) while
inside the night club area of licensed premises.
D. The Licensee shall call the Sheriffs Office to arrest any person whom the
Licensee has reason to believe has violated the Colorado Liquor Code or other
State law in the licensed premises or its parking lot. Furthermore, the Licensee
shall meet weekly with Weld County Sheriffs Office personnel to discuss matters
of concern regarding the operations of the tavern.
E. The Sheriff's Office has agreed to design a flyer warning adults and minors that
providing alcohol to minors and consumption of alcohol by minors is a violation
of the Colorado Revised Statutes and of the possible penalties. The Licensee shall
distribute the flyer to patrons of the tavern several times per month. Printing of
the flyer shall be the responsibility of the Licensee.
Page 3 of 6 Pages
F. The Licensee shall post signs within the licensed premises, in English
and in Spanish, warning adults and minors that providing alcohol to minors and
consumption of alcohol by minors is a violation of the Colorado Revised Statutes
and of the possible legal penalties for doing so.
G. The Licensee shall ensure that the security guards working inside the licensed
premises keep aisle and passageways clear at all times. No such security guards
shall be required to take door receipts and/or tend bar. The Licensee shall provide
to the Sheriff's Office and the Clerk to the Board's Office, on an ongoing basis,
within thirty (30) days after hire or employment, copies of certificates of training
for such security guards and copies of certificates permitting all armed security
guards to carry weapons.
H. The Licensee shall continue to hire two individuals to work in the parking lot of
the licensed premises to ensure that is cleaned up after the close of business and
that vehicles are parked properly. These individuals shall also provide security in
the parking lot. Traffic cones shall be set up nightly to ensure that patrons park
only in the tavern bar parking lot. These employees shall also pick up trash that is
deposited on neighboring property by tavern patrons.
The Licensee shall ensure that the two security guards working outside the
licensed premises shall prohibit loitering from taking place in the parking lot of
the licensed premises. The Licensee shall provide to the Sheriffs Office and the
Clerk to the Board's Office, on an ongoing basis, within thirty (30) days after hire
or employment, copies of certificates of training for the two outside security
guards and copies of certificates permitting all armed security guards to carry
weapons.
J. The Licensee shall ensure that adequate lighting to fully illuminate the parking lot
of the licensed premises and thereby provide for the safety of all patrons and
employees shall be installed and operated. Space in the parking lot, close to the
main door of the licensed premises, shall be kept open to allow emergency
vehicles access. The Licensee shall post signs outside the licensed premises, in
English and in Spanish, warning patrons that parking is only allowed in the
parking lot of the licensed premises (not on the shoulder of U.S. Highway 85 or
on the property located on the east side of Highway 85, nor in the lots located on
properties to the north and south of the licensed premises).
K. The Licensee shall provide one parking stall near the front entrance of the
licensed premises that will be reserved for a Sheriffs Office vehicle. The
Sheriffs Office has agreed to provide the signage for this parking stall.
Page 4 of 6 Pages
L. The Licensee shall ensure that its security personnel shall count each person
coming into the licensed premises such that the number of persons occupying the
bar and dance floor/sitting area shall not exceed the occupancy limits of that area
as set by the Fire Marshall for the Eaton Fire Department. The Licensee shall also
ensure that the area where alcohol is served and consumed does not exceed 5,000
square feet in size and that the requirements set forth in the letter of David
Sprague, Building Official, Weld County Department of Building Inspection,
dated October 30, 2000, a copy of which is attached hereto and is referred to
herein as Exhibit"A," are complied with at all times.
M. The Licensee shall ensure that all bartenders and wait staff, present and future,
shall attend the T.I.P.S. program or similar training to learn when to stop serving
alcoholic beverages to intoxicated patrons. The Licensee shall provide to the
Sheriff Office and the Clerk to the Board's Office, on an ongoing basis, within
thirty (30) days after hire or employment, copies of certificates showing the
successful completion of said training by the present bartenders and wait staff.
N. The Licensee shall post its liquor and tobacco licenses in the proper location of
the licensed premises at all times.
O. The Licensee shall allow no readmittance to the licensed premises to patrons who
leave prior to closing time.
P. The Licensee shall comply with all of the requirements of the Colorado Liquor
Code and with all of the conditions and requirements set forth in this Resolution.
In exchange for the Licensee's agreement to the above conditions, Liquor Enforcement
agrees to not take up to the State level any issue, except the ownership issue, either as a
prosecution or renewal of the license; however, all employees of Club Romance, such as Rueben
Rodriguez or any other employee or manager of Club Romance, must be of satisfactory character
and reputation, as stated in C.R.S. § 12-47-307.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement the date and
year first set forth above.
ROMANCE, INC., DBA CLUB
ROMANCE/LUCKY STAR
Manual Manriquez. President d
Page 5 of 6 Pages
ATTOANEYS FOR CL B
ROMANCE:
Gene ancio, Est Zei,. "-...(5_,e2/iV.---------.
harles B. Dickson,Esq.
q
WELD O Y SHERIFF'S FFICE:
By:
7)Di1LShes tkdmipistrator
SPE ATTORNEY FOR WELD
COUNTY SHF,AIF ' ICE
Stan Peek, Esq.
STATE OF COLORADO, DEPARTMENT
OF REVENUE,LIQUOR
ENFORCEMENT DIVISION
By: ae...,://iii.... ..%----
David Sauter
Supervisor of Investigators
Page 6 of 6 Pages
BEFORE THE EXECUTIVE DIRECTOR, DEPARTMENT OF REVENUE
STATE OF COLORADO
STIPULATION AND AGREEMENT
N THE MATTER OF:
ROMANCE,INC.
DB/A CLUB ROMANCE/LUCKY STAR
33131 HIGHWAY 85
LUCERNE, COLORADO 80646
LICENSE NO.: 24-85307
AND THE CHARACTER, RECORD AND REPUTATION OF:
RUBEN J. RODRIGUEZ
232 ELIZABETH COURT
FORT LUPTON, COLORADO 80621
THIS STIPULATION AND AGREEMENT ("Agreement") between the State of Colorado,
Liquor Enforcement Division ("Division"), Romance, Inc., d/b/a Club Romance/Lucky Star, 33131
Highway 85, Lucerne, Colorado ("Applicant"), Manuel Manriquez, Gerardo Manriquez, and
Ruben J. Rodriguez, is offered for the purpose of a settlement of the disputed matters detailed in
the Amended Notice of Proposed Denial attached hereto as Appendix A (hereinafter "Notice").
The above-named parties submit and agree as follows:
I) The Applicant admits that prior to March 16, 2001, it allowed Ruben Rodriguez to manage
its licensed establishment, as described in paragraph I of the Notice, and failed to register
Ruben Rodriguez with local and state licensing authorities as required by Section 12-47-
412(4), C.R.S. The Division agrees to dismiss the allegation that Ruben Rodriguez
exercised the privileges of the Applicant's tavern license from December 7, 1998 to March
16, 2001, in violation of Section 12-47-301(3)(a), C.R.S., with prejudice.
II) The Division agrees to withdraw the allegation and make no finding that from July 15,
1998 to December 6, 1998, Ruben Rodriguez exercised the privileges of the tavern license
issued to Lucky Star Corporation, as described in paragraph I of the Notice, in violation of
Section 12-47-301(3)(a), C.R.S., without prejudice.
11754542 v3
Stipulation and Agreement
Romance, Inc.
Page 2
III) The Applicant admits that from July 15, 1998 to March 20, 2001, it employed or was
assisted by Ruben Rodriguez. The Division agrees to make no finding at this time
regarding Ruben Rodriguez' character, record and reputation, as alleged in paragraph II of
the Notice. However, the issue of Ruben Rodriguez' character, record and reputation may
be considered upon receipt of a future Colorado alcohol beverage license application filed
by Ruben Rodriguez, and the Division agrees to withdraw this allegation, without
prejudice.
IV) The Division agrees to dismiss the allegations that Manuel Manriquez, and Gerardo
Manriquez are of unsatisfactory character, record and reputation as described in paragraph
III of the Notice, with prejudice, with the following conditions:
A) The Applicant admits that prior to March 16, 2001, it failed to keep adequate books
and records as required by Section 12-47-701, C.R.S. and Regulation 47-701.
B) From the date of this Agreement, the Applicant shall keep and maintain a complete
set of books of account and all other records necessary to show fully the business
transactions of the Applicant's restaurant and tavern operations.
C) From the date of this Agreement, the Applicant shall comply with Colorado law,
including the requirements of Section 39-26-116, C.R.S. as it relates to the
maintenance and retention of business records necessary to determine the amount of
sales tax due the state of Colorado and any local authority.
D) From the date of this Agreement the applicant shall comply with Colorado law,
including the requirements of Section 39-22-604(3), C.R.S, in that it shall deduct
and withhold from each employee's wages that amount required by law to be
deducted for federal and state income tax.
E) The Applicant agrees that the Division's dismissal of the allegations related to the
Applicant's character, record and reputation, as it relates to paragraphs C and D
above, does not release the Applicant from any tax assessments that may be made
separately by agents of the state of Colorado or any other taxing authority for
conduct that occurred prior to the date of the Notice and the Division agrees that it
will not initiate any prosecutions for violations of the Liquor Code and Regulations,
including allegations of unsatisfactory character, record and reputation against
Manuel Manriquez, Gerardo Manriquez and Ruben Rodriguez for conduct that
occurred prior to the Notice. Further, the imposition of sales and employee back
tax assessments, based on conduct that occurred prior to the date of this Agreement,
#754542 v3
Stipulation and Agreement
Romance, Inc.
Page 3
shall not be considered a violation of paragraph VII of the Agreement, so long as
any assessments made are timely paid pursuant to the terms agreed upon with the
taxing entity.
F) The Applicant will not allow any individual, other than those individuals disclosed
to liquor licensing authorities as owners, officers, directors, or managers as of the
date of this Agreement, to exercise the privileges of the Applicant's license unless
and until future applicants make full disclosure to the state and local licensing
authorities pursuant to Section 12-47-303, C.R.S. and related regulations.
V) The Division agrees to dismiss with prejudice the allegation that the character of Manuel
Manriquez and Gerardo Manriquez is such that violations of the Colorado Liquor Code are
likely to result if a license were granted, as described in paragraph IV.
VI) The dismissals described in paragraphs IV and V above shall not preclude the State
Licensing Authority's consideration or reconsideration of the character, record and
reputation of Manuel Manriquez and Gerardo Manriquez, in the event of any future
violations of the Colorado Liquor Code or this Agreement. However, no conduct alleged
in the Notice may be used as a basis for prosecuting Manuel Manriquez and Gerardo
Manriquez for violations of the Colorado Liquor Code and Regulations, including
consideration of character, record and reputation. Any such conduct, however, may be
used in aggravation of future charges, should any such future charges be filed and
sustained.
VII) The Applicant agrees to a forty-five (45) day suspension of its tavern liquor license as a
penalty for its violation of the Colorado Liquor Code as stated in this Agreement. Said
suspension of Applicant's tavern liquor license shall take place as follows:
A) Forty-five (45) days of suspension to be held in abeyance for a period of eighteen
(18) months, from the date of approval of this Agreement by the State Licensing
Authority, pending full compliance with the terms of this Agreement and no further
violations of the Colorado Liquor or Beer Codes during this period.
VIII) In consideration of paragraphs I - VII above, the Division will renew the Applicant's tavern
liquor license within ten days of approval of this Agreement by the State Licensing
Authority.
IX) All charges in the Notice not otherwise disposed of by this Agreement are withdrawn with
prejudice.
#754542 v3
Stipulation and Agreement
Romance, Inc.
Page 4
If at any subsequent hearing or stipulation in lieu of hearing, the State Licensing Authority
should find that the Applicant, during the aforesaid eighteen (18) month period, violated any of the
terms of this Agreement or any provision of the Colorado Liquor or Beer Codes, including all
regulations thereunder after the date of this Agreement, then the State Licensing Authority may, in
addition to any other penalty imposed, order the Applicant to serve all or any days of suspension
presently held in abeyance, pursuant to this Agreement.
This Stipulation and Agreement and Order shall not be effective unless and until approved
by the State Licensing Authority. This Stipulation and Agreement may be signed in counterparts,
and f imile signatures are effective as an original.
J ROMANCE, INC.
David C. Reitz
Director
Liquor Enforcement Division By: 97i 6 4-nri
Colorado Department of Revenue {.
Its: Pr e C� �' , A
1.22_ lc� - 1b— �
Date ` Date
APPR R odri ez
10 IJOI
Date
George urne
State icen i Authority
64 Z
`
/ Manuel Manriquez�P
Date /&/6A/
Date
eerardo Manriq z
/6/7K/r
Date
#754542 v3
CERTIFICATE OF MAILING
I hereby certify that a true and correct copy of the foregoing STIPULATION and AGREEMENT
was duly placed in the United States Mail, postage prepaid, this 23th day of October 2001,
addressed as follows:
Manuel L. Martinez
Holmes Roberts & Owens LLP
1700 Lincoln Street, Suite 4100
Denver, CO 80203-4541
BEFORE THE STATE LICENSING AUTHORITY, DEPARTMENT OF REVENUE
STATE OF COLORADO
AMENDED NOTICE OF PROPOSED DENIAL
IN THE MATTER OF:
ROMANCE, INC.
D/13/A CLUB ROMANCE/LUCKY STAR
33131 HIGHWAY 85
LUCERNE, COLORADO 80646
LICENSE NO.: 24-85307
AND THE CHARACTER, RECORD AND REPUTATION OF:
RUBEN J. RODRIGUEZ
232 ELIZABETH COURT
FORT LUPTON, COLORADO 80621
PLEASE TAKE NOTICE that the Liquor Enforcement Division, of the Colorado
Department of Revenue alleges that Ruben J. Rodriguez is of unsatisfactory character, record,
and reputation pursuant to Section 12-47-307(1)(a)(V), C.R.S., and proposes to deny the license
renewal application of Romance, Inc., d/b/a Club Romance/Lucky Star, 33131 Highway 85,
Lucerne, Colorado 80646 ("Applicant"), for a tavern liquor license on the following grounds:
I) Pursuant to Section 12-47-301(3)(a), C.R.S., each license issued under this article and
article 46 of this title is separate and distinct, and it is unlawful for any person to exercise
any of the privileges granted under any license other than that which the person holds or
for any licensee to allow any other person to exercise such privileges granted under the
licensee's license, except as provided under 12-47-403.5.
A) It is alleged that from July 15, 1998 to December 6, 1998, Ruben J. Rodriguez
exercised the privileges granted under the tavern license issued to Lucky Star
Corporation, and from December 7, 1998 to March 16, 2001 exercised the
privileges granted under the tavern license issued to the Applicant; and, that
Lucky Star Corporation and the Applicant allowed Ruben J. Rodriguez to exercise
the privileges of their respective tavern licenses, in the following manner:
Notice of Proposed Denial
Romance, Inc.
D/b/a Club Romance
Page 2
1) From on or about July 15, 1998, Rodriguez negotiated the appearance
dates and fees for the Mexican bands appearing at the establishment.
2) From on or about July 15, 1998, Rodriguez negotiated and signed
contracts for radio advertising related to the licensed establishment.
3) From on or about July 15, 1998, Rodriguez ordered alcohol beverages
from licensed wholesalers for use in the licensed establishment, and acted
as the primary point of contact with wholesale salespersons.
4) From on or about August 5, 1998, Rodriguez purchased alcohol beverages
from retail liquor stores, with the Applicant's funds, for use in the licensed
establishment.
5) From on or about August 1, 1998, Rodriguez prepared sales records for
the bar/lounge.
6) Although the Applicant is a corporation, on August 5, 1998, in an
application filed with Independent Bank of Fort Lupton for a business
checking account, Rodriguez and the Applicant's principal, Manuel
Manriquez, disclosed that they were a"partnership" for the purpose of
conducting the business "Club Romance."
7) From August 5, 1998 to March 16, 2001, Rodriguez was an authorized
signatory on the aforementioned business checking account at Independent
Bank. He continued to have check writing authority when the Independent
Bank was sold to Vectra banks in 1999.
8) From August 5, 1998, Rodriguez reviewed and reconciled the monthly
bank statement for the Independent/Vectra checking account.
9) From October 1, 1999 to October 31, 2000, Rodriguez signed all the
checks written on the Vectra checking account.
10) From September 1, 1998, Rodriguez hired and supervised restaurant
employees.
11) From September 1, 1998, Rodriguez placed food orders and monitored
food.
Notice of Proposed Denial
Romance, Inc.
D/b/a Club Romance
Page 3
12) On or about September 1, 1998, Rodriguez obtained signature authority on
the Applicant's general checking and payroll checking accounts at
Eaton/Centennial Bank, and maintained such authority until the date of his
resignation.
13) On or about September 1, 1998, Rodriguez assumed sole signature
authority on the Applicant's Eaton/Centennial Bank money market
account, and maintained such authority until the date of his resignation.
14) From September 1, 1998, Rodriguez signed the majority of the checks
drawn on the Applicant's general checking and payroll checking accounts
at Eaton/Centenmial Bank.
15) From September 1, 1998, Rodriguez transferred funds from the Licensee's
money market account to the Licensee's restaurant checking or payroll
accounts, as needed.
16) From September 1, 1998, Rodriguez signed the majority of the state sales
tax returns filed on behalf of the Applicant with the Colorado Department
of Revenue.
17) From September 1, 1998, Rodriguez signed the majority of the state
withholding tax returns filed on behalf of the Applicant with the Colorado
Department of Revenue.
18) From on or about September 1, 1998,Rodriguez assisted the company's
bookkeeper in preparation of the Applicant's restaurant book and records.
19) From on or about September 1, 1998,Rodriguez assisted the compay's
bookkeeper in the preparation of the Applicant's sales and income tax
returns by gathering sales and expense information related to the
bar/lounge.
20) On or about March 26, 1999, Rodriguez signed a contract with Hackett
Insurance Agency of Arvada, Colorado, for the Applicant's property and
general liability insurance policy.
21) On December 29, 1999, Rodriguez alone testified on behalf the Applicant
in a licensing hearing before the Weld County Board of Commissioners,
and addressed questions from the board regarding sales to minors,
Notice of Proposed Denial
Romance, Inc.
D/b/a Club Romance
Page 4
security, and other public safety issues as they related to the conduct of the
licensed establishment. He provided assurances that the Applicant's
personnel would complete the TIPS alcohol awareness training.
22) On January 28, 2000, Rodriguez signed federal payroll form 6559 on
behalf of the Applicant.
23) On March 16, 2000, Rodriguez disbursed $6,646.07 of the Applicant's
funds for an undisclosed purpose, and on March 17, 2000 replaced such
funds from an undisclosed source.
24) On or about October 1, 2000, Rodriguez addressed over-crowding and
building code violations at the licensed establishment with county
officials.
25) On or about December 1, 2000, Rodriguez signed a building permit
application on behalf of the Applicant for modifications to the licensed
premises. Prior to that date, Rodriguez had historically acted as the
spokesman for the Applicant as it related to building code matters.
26) On or about December 16, 2000, Rodriguez and Manuel Manriquez signed
a written "Collective Agreement" with the Weld County Sheriff's office,
agreeing that they would conduct the licensed premises in a manner
acceptable to the local licensing authority.
27) On or about December 23, 2001, Rodriguez coordinated and assisted
Deputy Harbert in conducting alcohol awareness training for the
Applicant's security personnel.
28) On January 15, 2001, in his testimony before the Weld County Board of
Commissioners, Rodriguez alone spoke for the Applicant by addressing
issues of the Applicant's conduct (sale to minors, checking patron's
identification, adequate security, fire and building code violations, and
other public safety issues). He again assured the local board that he,
Manuel Manriquez, and all bar/lounge personnel would have the TIPS
alcohol awareness training.
29) On or about February 25, 2001, without use of any supporting books and
records, Rodriguez prepared federal forms 1099, in the name of the
Applicant, to report cash compensation allegedly paid in calendar year
Notice of Proposed Denial
Romance, Inc.
D/b/a Club Romance
Page 5
2000 to himself, Manuel Manriquez, Gerardo Manriquez, Alfredo
Manriquez, and security personnel.
30) From July 15, 1998, Rodriguez received an unknown and undocumented
amount of cash compensation from the Applicant.
II) Pursuant to Section 12-47-307(1)(a)(V), C.R.S., no license provided by this article or
article 46 or 48 of this title shall be issued or held by any person employing, assisted by,
or financed in whole or in part by any other person who is not of good character and
reputation satisfactory to the respective licensing authorities.
A) It is alleged that the Applicant employs, or is assisted by, Ruben Rodriguez, a
person who is not of good character and reputation satisfactory to the state
licensing authority due to his participation in the violations described in
paragraphs I above.
B) It is further alleged that the Applicant employs, or is assisted by, Ruben
Rodriguez, a person who is not of good character and reputation satisfactory to
the state licensing authority due to his participation in the following:
1) On or about December 17, 1997, Ruben Rodriguez and Maria Rodriguez,
as principals of Escaramuch, Inc., entered into a Stipulation and
Agreement with the Liquor Enforcement Division wherein they agreed
that they would not work in any position in a liquor licensed establishment
that would allow them to conduct the business of the establishment in a
management capacity, until December 17, 1998.
(a) It is alleged that from on or about December 17, 1997 to July 30,
1998, Ruben Rodriguez conducted the business of Tentacion, Inc.
at 701 Carbondale Drive, Dacono, Colorado, in a management
capacity.
(b) It is alleged that from on or about July 15, 1998 to December 6,
1998, Ruben Rodriguez conducted the business of Lucky Star
Corporation at 33131 Highway 85, Lucerne, Colorado, in a
management capacity.
(c) It is alleged that from on or about December 7, 1998 to December
31, 1998, Ruben Rodriguez conducted the business of the
Applicant at 33131 Highway 85, Lucerne, Colorado, in a
management capacity.
Notice of Proposed Denial
Romance, Inc.
D/b/a Club Romance
Page 6
III) Pursuant to Section 12-47-307(1)(a)(VI), C.R.S., no license provided by this article or
article 46 or 48of this title shall be issued or held by any person unless such person's
character, record, and reputation are satisfactory to the respective licensing authority.
A) It is alleged that Manuel Manriquez is of unsatisfactory character, record, and
reputation to the state licensing authority due to his participation in the following:
1) Pursuant to Section 12-47-301(3)(a), C.R.S., each license issued under this
article and article 46 of this title is separate and distinct, and it is unlawful
for any person to exercise any of the privileges granted under any license
other than that which the person holds or for any licensee to allow any
other person to exercise such privileges granted under the licensee's
license, except as provided under 12-47-403.5.
(a) It is alleged that from July 14, 1998 to August 31, 1998, Manuel
Manriquez, exercised the privileges granted under the tavern liquor
license issued to Lucky Star Corporation, pursuant to a service
agreement that allowed the following to occur:
(i) Manriquez took possession and control of the bar/lounge
portion of Lucky Star Corporation's licensed premises,
prior to the issuance of a temporary permit to the
Applicant.
(ii) Manriquez purchased alcohol beverages from licensed
wholesalers, and resold such beverages by the drink upon
Lucky Star Corporations licensed premises prior to the
issuance of a temporary permit to the Applicant.
2) Pursuant to Regulation 47-310(D), all information submitted to any
licensing authority, by application for license or otherwise, shall be given
fully, faithfully, truthfully and fairly.
(a) It is alleged that on or about December 14, 1998, Manuel
Manriquez stated in his Individual History Record that he had not
held a state of Colorado Liquor or Beer License, when he did hold
Notice of Proposed Denial
Romance, Inc.
D/b/a Club Romance
Page 7
a Colorado tavern license from November 4, 1997 to July 30, 1998
as a director of Tentacion, Inc.
B) It is alleged that the Applicant, Manuel Manriquez, and Gerardo Manriquez are of
unsatisfactory character, record, and reputation to the state licensing authority due
to their participation in allowing Ruben J. Rodriguez to exercise liquor license
privileges as described paragraph I above.
C) It is alleged that the Applicant, Manuel Manriquez, and Gerardo Manriquez are of
character, record, and reputation unsatisfactory to the state licensing authority due
to their participation in the following:
1) Pursuant to Regulation 47-310(C), applicants and licensees shall also
submit upon request of any licensing authority all required information
concerning financial and management associations and interests of other
persons in the business, and the deed, lease, contract, or other document
governing the terms and conditions of occupancy of the premises licensed
or proposed to be licensed.
(a) It is alleged that, on or about December 14, 1998, the Applicant
made its original application for tavern liquor license for the
premises at 33131 Highway 85, Lucerne, Colorado, and failed to
disclose the management association between the Applicant's
principal, Manuel Manriquez, and Lucky Star Corporation, which
commenced July 14, 1998 by way of written service agreement.
(b) It is alleged that, on or about May 25, 2001, the Applicant failed to
provide information requested by the Liquor Enforcement Division
regarding the current status of the terms and conditions of that
service agreement.
2) Pursuant to Section 12-47-301(3)(a), C.R.S., each license issued under this
article and article 46 of this title is separate and distinct, and it is unlawful
for any person to exercise any of the privileges granted under any license
other than that which the person holds or for any licensee to allow any
other person to exercise such privileges granted under the licensee's
license, except as provided under 12-47-403.5.
(a) It is alleged that, from on or about September 1, 1998 to December
6, 1998, the Applicant exercised the privileges granted under the
tavern liquor license issued to Lucky Star Corporation, and that
Notice of Proposed Denial
Romance, Inc.
D/b/a Club Romance
Page 8
Lucky Star Corporation allowed the Applicant to exercise the
privileges granted under its tavern liquor license, in that:
(i) The Applicant entered into a lease agreement, effective
September 1, 1998, with Lucky Star Corporation giving the
Applicant possession and control of the licensed premises
located at 33131 Highway 85, Lucerne, Colorado, prior to
the issuance of a temporary permit to the Applicant for
such premises.
(ii) The Applicant purchased alcohol beverages from licensed
wholesalers, and resold such beverages by the drink upon
Lucky Star Corporations licensed premises prior to the
issuance of a temporary permit to the Applicant.
(iii) The Applicant paid all necessary sales and withholding
taxes to the Colorado Department of Revenue under
accounts in the name of the Applicant related to the
operations of Lucky Star Corporation's licensed
establishment.
3) Pursuant to Section 12-47-701, C.R.S., each licensee shall keep a
complete set of books of account, invoices, copies of orders, shipping
instructions, bills of lading, weigh bills, correspondence, and all other
records necessary to show fully the business transactions of such licensee,
all of which shall be open at all times during business hours for the
inspection and examination of said state licensing authority or its duly
authorized representatives.
(a) It is alleged that from on or about December 7, 1998 to December
31, 2001, the Applicant failed to keep a complete set of books of
account, and other records necessary to show fully the business
transactions related to the bar/lounge section of the Applicant's
establishment. Specifically:
(i) A source sales document verifying cash sales of alcohol
beverages, a document that the Applicant did keep for its
food service operations.
(ii) A source document verifying cash entrance fees, or cover
charges.
Notice of Proposed Denial
Romance, Inc.
D/b/a Club Romance
Page 9
(iii) All invoices related to the purchase of alcohol beverages
from retail liquor stores.
(iv) A complete and verifiable sales journal, payroll register,
general journal, check register, cash disbursement journal;
and, other formal records that the Applicant did keep for its
restaurant operations.
4) Pursuant to Regulation 47-700(B), each licensee shall retain all books and
records necessary to show fully the business transactions of such licensee
for a period of the current tax year and the three prior tax years.
(a) It is alleged that the Applicant failed to retain books and records
necessary to show fully the business transaction of the Applicant
for calendar years 1998, 1999 and 2000. Specifically:
(i) For the period of August 5, 1998 to February 25, 1999,
bank statements, canceled checks and deposit items for
Independent Bank account#4102011.
(ii) For the period of February 1, 1999 to October 29, 1999,
canceled checks and deposit items for Independent Bank
(aka Vectra Bank) account#(438)4102011.
(iii) For the period of November 1, 2000 to December 31, 2000,
bank statements, canceled checks and deposit items for
Vectra Bank account#4384102011.
(iv) A copy of the certified check paid to Lucky Star
Corporation on July 15, 1998, in the amount of$35,000.00.
(v) Sales tax worksheets for calendar year 2000.
(vi) General ledger, check register, sales journal, general
journal for restaurant operations for calendar year 2000.
5) Pursuant to Regulation 47-310(D), all information submitted to any
licensing authority, by application for license or otherwise, shall be given
fully, faithfully, truthfully and fairly.
Notice of Proposed Denial
Romance, Inc.
D/b/a Club Romance
Page 10
(a) It is alleged that the Applicant, through its principals Manuel
Manriquez and Gerardo Manriquez and its manager Ruben
Rodriguez, failed to provide information to the state licensing
authority, fully, faithfully, truthfully and fairly, by application for
license or otherwise. Specifically,
(i) The Applicant failed to provide or produce a copy of the
cashier's check made to Lucky Star Corporation in the
amount of $35,000.00, as requested by the Liquor
Enforcement Division, that would verify the source of 64%
of the proceeds invested in the establishment as claimed by
Manuel and Gerardo Manriquez.
(ii) The Applicant failed to provide an explanation of a deposit
made to the bar/lounge checking account in the amount of
$6,646.07 on March 17, 2000, as requested by the Liquor
Enforcement Division. The name of the depositor on the
deposit item was Ruben Rodriguez of 1035 Fulton Court,
Fort Lupton, Colorado.
(iii) On or about December 22, 2000, the Applicant, through its
manager Ruben Rodriguez, provided copies of bank
statements for the Vectra Bank account #4384102011, as
requested by the Liquor Enforcement Division for the
period of September 1, 1999 to October 29, 2000. Twelve
(12) of the fourteen (14) bank statements submitted to the
Division were altered, in that the corporate name listed on
the statements for those months had been manually deleted.
6) Pursuant to Section 39-26-116, C.R.S., it is the duty of every person
engaging or continuing in business in this state, for the transaction of
which a [sales tax] license is required under this part 1 [of title 39] to keep
and preserve suitable records of all sales made by him and such other
books of accounts as may be necessary to determine the amount of tax for
the collection of which he is liable under this part 1. It is the duty of every
such person to keep and preserve for a period of three years all invoices of
goods and merchandise purchased for resale.
(a) It is alleged that, since on or about December 7, 1998, the
Applicant, a person engaging in business in this state for the
transaction of which a sales tax license is required under title 39,
Notice of Proposed Denial
Romance, Inc.
D/b/a Club Romance
Page 11
failed to keep suitable records of alcohol beverage sales made by
him as may be necessary to determine the amount of tax for the
collection of which his is liable.
(b) It is alleged that, since on or about December 7, 1998, the
Applicant failed to keep all invoices of alcohol beverage stock
purchased for resale. Specifically, those purchases Applicant made
from retail liquor stores.
7) Pursuant to Section 39-22-604(3)(a), every employer making payment of
wages shall deduct and withhold from wages an amount measured by a
percentage or percentages of the total amount required to be deducted and
withheld by an employer from wages of an employee for federal income
tax purposes, or measured by withholding tax tables promulgated by the
executive director, or such other methods as the executive director may
prescribe if such percentages, percentages, table, or other methods result
in the withholding from the employee's wages during each pay period an
amount which shall approximate as nearly as possible the income tax due
to the state of Colorado by such employee.
(a) It is alleged that the Applicant, an employer as identified by
Federal Employer Identification Number 84-1474356, paid wages
to employees working in the licensed establisment, from on or
about July 14, 1998 to December 31, 2000, and failed to deduct
and withhold from such wages an amount that approximated as
nearly as possible the income tax due to the state of Colorado by
such employees. Such employees include, but are not limited to,
Manuel Manriquez, Gerardo Manriquez, Ruben Rodriguez, Maria
Manriquez-Herrara, and Alfredo Manriquez.
IV) Pursuant to Section 12-47-305(1), C.R.S., the state licensing authority shall refuse a state
license if the premises on which the applicant proposes to conduct business do not meet
the requirements of this article, or if the character of the applicant or its officers or
directors is such that violations of this article would be likely to result if a license were
granted.
A) It is alleged that the character of the Applicant and its officers, Manuel Manriquez
and Gerardo Manriquez, is such that violations of this article would be likely to
result if a license were granted, due to their participation in paragraphs I, II, and II
above.
Notice of Proposed Denial
Romance, Inc.
D/b/a Club Romance
Page 12
PURSUANT TO Section 12-47-305(2), C.R.S., you are entitled to a hearing on the
proposed denial. A hearing has been scheduled for July 25, 2001 at 9:00 a.m. at the Colorado
Department of Revenue located at 1881 Pierce Street, Room 108, Lakewood, Colorado, 80214.
You are entitled to have an attorney represent you at the hearing. If you should retain an
attorney, you should do so well in advance of the hearing. Once a hearing date has been set, a
postponement will not be granted except for good cause shown. If you should fail to appear at
the scheduled time and place for the hearing, testimony will be taken in reference to the
allegations in this notice. Upon consideration of the evidence presented, your application may be
denied.
Please be further advised that if the State Licensing authority does find you in violation
of any of the above-cited sections(s) of the Colorado Liquor or Beer Code(s), the State Licensing
Authority may consider, in selecting the sanction to be imposed against you, all prior violations
of the Colorado Liquor or Beer Code(s) by you as well as any sanctions previously imposed
against you.
IT IS FURTHER ORDERED that a copy of this Notice of Proposed Denial shall be
mailed or delivered to the above-mentioned Applicant and other parties named herein.
IN WITNESS WHEREOF, I have hereunto set my hand and seal of my office this /7
day of 3-,„1,./ , 2001.
&J./
David C. Reitz
Director
Liquor Enforcement Division
CERTIFICATE OF MAILING
I hereby certify that a true and correct copy of the foregoing Amended Notice of Proposed
elti
Denial was duly placed in the United States Mail, postage prepaid, this /a day of
July 2001, addressed to:
Romance, Inc.
33131 Highway 85
Lucerne, Colorado 80646
Diana R. Maurer Schatz, Esq.
2261 Jasmine Street
Denver, Colorado 80207
Ruben Rodriguez
232 Elizabeth Court
Fort Lupton, Colorado 80621
Sheila H. Meer
Cage &North
1433 Seventeenth Street
Denver, Colorado 80202
Robert H. Dodd, Jr., Esq.
Office of the Attorney General
Business and Licensing Section
1525 Sherman Street, Fifth Floor
Denver, Colorado 80203
(via interagency mail)
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