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Home My WebLink About20010502.tiff 01/3�1//011 T WED 16: / I I'IU 0614 CI DUE & JONSEN IA 002 CI�u,CIO �1� JONSEN, C .C. Gene A. Ciancio Attorneys and Counselors at Law Eric R.Jonsen Cynthia M. Ciancio January 31, 2001 Weld County Board of Commissioners Via Teiefaa:r 970-352-0242 PC)Box 758 915 10th Street Greeley, CO 80632 Re: Romance, Inc. d/b/a Club Romance/Lucky Star Dear Commissioners: As you are aware, both Charles Dickson and I have been retained to represent Romance,Inc. regarding the renewal of their tavern liquor license. It is my understanding that. show cause hearing has been scheduled in the matter for February 12, 2001 at 9:00 a.m. Due to a prior court appearance scheduled for that same date and time in Adams County Court(Peop v. Soufrani), I am hereby requesting that the show cause hearing be rescheduled to a date and ti ne convenient to all parties. Please contact me at your earliest convenience to let me know whether or not an appearance prior to the hearing date is necessary to continue this hearing. Thank you for your time and attention in this matter. Sir erely, (.4 Gene A. Ciancio /glp cc: Charles Dickson,Esq. Bruce Barker, Esq. EXHIBIT 12000 North Pecos Street -Suite 200 — Westminster, Colorado 80234-2079 (303) 451-0300-Fax: (303) 280-0614 — e-mail: t.enc©colo-law.com cric@colo-law.com and cvndy(Pcolo-law.com 2001-0502 01/31/01. WED 16: 25 F;1:( 303 230 0614 CI,AiNCIII DI TRH,: &. JUN '4J0k, CvCIo &, JoNSEN, P.C. Gene A. Ciando Attorneys and Counselors at L w • Eric R Jonsen Cynthia M. Outdo FACSIMILE COW R LETTER DATE: January 31, 2001. TO: Bruce Barker, Esq. FAX # 970-352-0242 Weld County Attorney's Office PHONE # 970-336-7235 x. 4391 FROM: Gene A. Ciancio, Esq. FAX # 303-280-0614 PHONE # 303-451-0300 RE: Romance Inc. d/b/a Club Romance PAGES: 2 This message is intended only for the use of the individual or entity to which it is addre aed and may contain info,motion that is privileged, confidential and exempt from disclosure under applicable law. If 'he reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to' le intended recipient, you are hereby notified that any dissemination,distribution or copying of this communication is strict,'prohibited. If you have received this communication in error,please notify us immediately by telephone and return the origin:I message to us at the above address via U.S, Mail. M. '^SAGE PLEASE DELIVER AS SOON AS POSS. BM' Attached please find a letter to the Weld Cc my Itoard of Commissioners regarding continuing the Show Cause Hearing scheduled for February 12,2001. Please advise whether or not we should file this letter with the Commissioners at this time or hold-off for now. Thank you. IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL THE INDIVIDUAL WHO SENT THIS MESSAGE, AT 303-451-0300. THE ORIGINAL DOCUMENT WILL: Follow by regular mail Follow by express nail X Not be sent 12000 North Pecos Street-Suite 200 — Westminster, Colorado 80234-2079 (303) 451-0300-Fax: (303) 280-0614 — e-mail:Acneecolodaw.com or crlonsen@uwest.net or cvndvecoio-law.com 02r'i6;'21 W. 14:44 970-35b-8967 Diuhb Nv ; GRANI PAUE 01 DICKSON, DICKSON&GRANT, L.L.C. ATTORNEYS AT LAW 821 9TH STREET-SUITE 101 GREELEY, COLORADO 80631 (970)356,5666 (FAx) (970) 3568967 FAX COVER SHEET DATE: 02-16-C ! TO: CLERK OF THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO RE: ROMANCE INC_ LIQUOR HEARING FAX NO.: (970) 352-0242 FROM: CHARLES B. DICKSON OF DICKSON, DICKSON &GRANT. _.L.C WE ARE TRANSMITTING 4 F'AGE(S) (INCLUDING THIS COVER PAGE). I =THE TRANSMISSION IS NOT COMPLETE, PLEASE CALL(970)356-5666. COMMENTS: DEAR CLERK: PLEASE PRESENT THIS FAX TO THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS, WHO ARE ACTING AS THE LOCAL LIQUOR LICENSING AU 1"HORITY CONCERNING THE RENEWAL OF THE TAVERN LIQUOR LICENSE FOR ROMANCE INC., D/B/A CLUB ROMANCE/LUCKY STAR. I AM ONE OF THE ATTORNEYS FOR THE LICENSEE AND AS SUCH, I AM REQUESTING AN IMMEDIATE RESCHEDULING OF THE HEARING PRESENTLY SET FOR FEBRUARY 21 , 2001 TO COMMENCE AT 1 :30 P.M. FOR THE PURPOSES OF CONDUCTING A SHOW CAUSE HEARING, AND IN SUPPORT THEREOF, REPRESENT AS FOLLOWS: WHEN AT THE HEARING TO CONSIDER A PROPOSED RESOLUTION OF THIS MATTER ( WHICH TOOK PLACE IN THE MORNING OF WEDNESDAY, FEBRUARY 14) IT BECAME APPARENT THAT THE BOARD OF COUNTY COMMISSIONERS,ACTING AS A LOCAL LIQUOR LICENSING AUTHORITY, WANTED A FULL SHOW CAUSE HEARING CONDUCTED, THERE WAS TENTATIVELY SCHEDULED A SHOW CAUSE HEARING AS WOULD COMMENCE AT 1 :30 P.M. ON THE AFTERNOON OF FEBRUARY 21 , 2001 . IT WAS IMMEDIATELY POINTED OUT THAT A HEARING ON THAT DATE WOULD MOST LIKELY NOT BE ABLE TO BE COMPLETED BEFORE 4:30 OR 5:00 IN THE AFTERNOON. IT WAS THUS THE SUGGESTION OF THE CHAIRMAN OF THE BOARD THAT THE HEARING COULD PROCEED ON THAT DAY INTO THE EVENING HOURS. AT THE TIME THESE COMMENTS WERE MADE, NEITHER ATTORNEY FOR THE LICENSEE HAD HIS CALENDAR PRESENT. (I EXHIBIT :r 02/16/2001 14:44 U70-356-89G7 DICKS0N & GRANT PAGE U2 • IN FACT, CHARLES DICKSON,THE UNDERSIGNED ATTORNEY FOR THE LICENSEE, HAS A LASALLE FIRE PROTECTION DISTRICT BOARD MEETING THAT EVENING AND COULD NOT ATTEND A HEARING HELD THAT EVENING. MR. CIANCIO, LICENSEE'S OTHER COUNCIL, ALSO HAS BEEN PREVIOUSLY SCHEDULED FOR A LIQUOR LICENSE HEARING WHICH IS TO COMMENCE AT 6:00 P.M. IN THE CITY OF THORNTON COUNCIL CHAMBERS BEFORE THAT LOCAL LIQUOR LICENSING AUTHORITY THE SAME EVENING_ THIS IS A HEARING CONCERNING THE TRANSFER OF A LOCATION OF A LIQUOR LICENSE THAT HAS BEEN SET FOR MORE THAN 30 DAYS AND FOR WHICH NOTICE OF THE HEARING HAS BEEN POSTED FOR MORE THAN 30 DAYS. THE CITY OF THORNTON WILL NOT CONTINUE THE HEARING. MR. CIANCIO THEREFORE IS ALSO UNAVAILABLE FOR THE EVENING OF FEBRUARY 21 , 2001 . BECAUSE OF THESE FACTS, BOTH THE UNDERSIGNED AND MR. CIANCIO CONTACTED COUNTY ATTORNEY BRUCE BARKER EARLY IN THE MORNING OF FEBRUARY 15 TO EXPLAIN WHY THE PLAN THAT HAD BEEN SUGGESTED THE PRIOR DAY WOULD NOT BE POSSIBLE, iN ADDITION, MR. DICKSON POINTED OUT TO MR- BARKER THAT AT THE HEARING THAT WAS HELD ON FEBRUARY 14 THERE HAD BEEN PROMISES MADE FOR DELIVERY OF NECESSARY DISCOVERY CONCERNING FOUR ADDITIONAL ALLEGED INCIDENTS THAT HAD SUPPOSEDLY OCCURRED SINCE THE TIME OF THE PROBABLE CAUSE HEARING, AS WAS HET D JANUARY 15, 2001 . No SUCH MATERIAL HAS. AS OF THE DATE OF THIS DIC'i ATION SEEKING A FORMAL REQUEST FOR A CONTINUANCE, BEEN PROVIDED TO TH1: UNDI RSIGNED OR MR. CIANCIO. FINALLY, MR. C' CKSO I POINTED OUT TO MR. BARKER, THAT PURSUANT TO ARTICLE 2 OF THE l /ELD ,2.OUNTY CODE CONCERNING LIQUOR LICENSES, AND SPECIFICALLY. § 2-4-5 D(N), } E DID NOT BELIEVE THAT NOTICE WAS ADEQUATE OR IN CONFORMITY WITH SAII CODE. IN ANY EVENT.A HEARING HELD ON FEBRUARY 21 , 2001 , WOULD TAKE PLACE GNLY SIX DAYS FOLLOWING THE DATE OF THE HEARING HELD ON FEBRUARY 14. THE UNDERSIGNED ACKNOWLEDGED THAT THOUGH THE CODE REQUIRES THAT NOTICE OF A HEARING BE SENT BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, SUCH IS NOT NECESSARY UNDER THESE CIRCUMSTANCES. HOWEVER, THE UNDERSIGNED BELIEVES THAT THE PROVISIONS REQUIRING AT LEAST TEN DAYS PRIOR NOTICE OF A SHOW CAUSE HEARING ARE ESSENTIAL IN ORDER TO ADEQUATELY PREPARE FOR THAT HEARING. IT WAS THE CONSENSUS OF THIS COUNTY ATTORNEY AND THE ATTORNEYS FOR THE LICENSEE THAT A HEARING IN THIS MATTER WOULD MOST LIKELY TAKE A FULL DAY AND MR. BARKER, AS COUNTY ATTORNEY, AGREED THAT HE WOULD CONTACT THE CHAIRMAN OF THE COUNTY COMMISSIONERS TO ATTEMPT TO SECURE A CONTINUANCE. LATE IN THE AFTERNOON OF FEBRUARY 15, BETWEEN 4:00 AND 5:00 THAT AFTER- NOON, MR. BARKER CONTACTED MR. CIANCIO AND INFORMED MR. CIANCIO BY WAY OF VOICE MAIL THAT HE HAD TALKED WITH CHAIRMAN GEIL OF THE BOARD OF COUNTY COMMISSIONERS, AND MR_ GEIL HAD AGREED THAT SINCE MR. CIANCIO COULD NOT BE PRESENT ON THE EVENING OF FEBRUARY 21 , 2001 , THE HEARING WOULD COMMENCE AT 1 :30 THAT AFTERNOON TO CONCLUDE AT 4:30, BUT BEGIN PROMPTLY THE FOLLOWING MORNING AT 9:00 A.M. ON FEBRUARY 22 AND CONTINUE UNTIL DONE. THE PROBLEM WITH THrs PLAN IS NOBODY CONTACTED EITHER MR. CIANCIO OR MR. DICKSON TO DETERMINE THEIR AVAILABILITY ON BEHALF OF THE' LICENSEE ON THE MORNING OF FEBRUARY 22, 2001 . BOTH MR_ DICKSON AND MR. 32/16/21 1 14:44 '17@-355-o' br --�k`aJN ; +aI - P iuL 63 • CIANCIO ARE DUE IN COURT O' I OTHER MATTERS THAT ENTIRE DAY. THESE HEARINGS CAN NOT BE VACATED AS THEY b AVE LONG BEEN SET ON THEIR CALENDARS_THUS,BOTH HAVE NO AVAILABILITY AT ANY TIME DURING THE DAY OF FEBRUARY 22 FOR A CONTINUED HEARING FROM THE PRIOR DAY. FURTHERMORE,THIS RESOLUTION,AS APPARENTLY PROPOSED BYTHE CHAIRMAN OF THE BOARD COUNTY COMMISSIONERS, DID NOT ADDRESS THE PROBLEMS WITH ADEQUATE NOTICE IN THE FIRST PLACE AND THE UNAVAILABILITY OF BACKGROUND INFORMATION WHICH IS ESSENTIAL IF THE LICENSEE IS TO BE PREPARED FOR THE HEARING. THE COUNTY CODE CLEARLY PROVIDES FOR BASIC DUE PROCESS IN A HEARING OF THIS NATURE. DUE PROCESS IS NOT BEING PROVIDED WITHOUT CONSIDERATION OF THE NEEDS OF THE LICENSEE AND THE LICENSEE'S ATTORNEYS WHO MUST BE ADEQUATELY PREPARED FOR A HEARING OF THIS MAGNITUDE. THIS IS A HEARING WHICH, BY ALL PARTIES' ESTIMATES IS LIKELY TO TAKE ONE DAY.THAT IS NOT SOMETHING PREPARED FOR OVERNIGHT,AND IT CANNOT BE ACCOMMODATED WITHOUT EVEN CONSIDERING THE CALENDARS OF THE PARTIES AFFECTED. FOR THESE REASONS, s'HE LICENSEE RESPECTFULLY REQUESTS THAT THE TENTATIVE HEARING SCHEDULED FOR FEBRUARY 21 , 2001 BE VACATED; THAT THE WELD COUNTY ATTORNEY COORDINATE WITH ALL PARTIES CONCERNING A NEW DATE AT THE EARLIEST POSSIBLE CONVENIENCE, BUT NOT LESS THAN TEN WORKING DAYS FOLLOWING FEBRUARY 14, 2001 ; AND THAT A FULL DAY BE SCHEDULED FOR SUCH PURPOSE. THE WELD COUNTY ATTORNEY HAS ALREADY ADVISED THE UNDERSIGNED OF SUCH DATES HE BELIEVES ARE AVAILABLE TO THE COUNTY COMMISSIONERS AND HIMSELF IN THE MONTH OF MARCH. HE PREVIOUSLY CLEARED A NUMBER OF SUCH DATES WITH THE UNDERSIGNED ATTORNEYS, INCLUDING SPECIFICALLY MARCH 14, MARCH 21 ,AND MARCH 28, 2001. IN ADDITION, THE UNDERSIGNED ATTORNEYS, ON BEHALF OF THE LICENSEE, HAVE AVAILABLE ON BOTH OF THEIR CALENDARS THE ABILITY TO CONDUCT HEARINGS FOR FULL DAYS ON MARCH 55, 8, 12, 15, 16, 19, 20, 22, 26, 29 OR 30, 2001 . FOR THESE REASONS AND IN THE INTEREST OF DUE PROCESS AND FUNDAMENTAL FAIRNESS, THE UNDERSIGNED HEREBY REQUESTS THAT THE HEARING THAT WAS ONLY TENTATIVELY SCHEDULED AT THE MEETING ON FEBRUARY 1 4 BE RESCHEDULED TO A DATE CONVENIENT TO ALL PARTIES AND AS WOULD PROVIDE AMPLE OPPORTUNITY TO PREPARE FOR A HEARING OF THIS MAGNITUDE BY ALL PARTIES. RESPECTFULLY SUBMITTED THIS 16TH DAY OF FEBRUARY, 2001- CHARLES B. DICKSON IF THIS TRANSMISSION IS NOT COMPLETE, OR IF THERE IS ANY PROBLEM WITH THIS TRANSMISSION, PLEASE CALL(970) 356.-5666 THIS TRANSMISSION CONTAINS CONFIDENTIAL INFORMATION INTENDED FOR USE ONLY BY THE ABOVE-NAMED RECIPIENT. READING, DISCUSSION, DISTRIBUTION, OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED BY ANYONE OTHER THAN THE NAMED RECIPIENT, OR HIS OR HER EMPLOYEES OR AGENTS, IF YOU HAVE RECEIVED THIS FAN 02/16/2001 �.•�:4•:L �I YO-356-8967 ..)LCK:x�h' & GRAM , t�rc U4 IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE,AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE_ THANK YOU. TIME FAXED: I :3E P.M. ACCEPTED: YES[X7 No ] CC: BRUCE BARKE.R, COUNTY ATTORNEY STAN PEEK,P. TORNEY FOR WELD COUNTY SHERIFF'S OFFICE GENE CIANCIC, CO-COUNSEL FOR LICENSEE E ESTHER Gesick- Message from Attorney Gene Ciancio Page 1 From: BRUCE Barker To: MGEILE, GVAAD, BJerke, DLong, RMasden Date: 2/16/01 3:48PM Subject: Message from Attorney Gene Ciancio FYI. The transcribed voice-mail message I received from Gene Ciancio on February 15, 2001. Bruce. CC: EGESICK EXHIBIT t ESTHER Gesick- CLUBRHRN.wPD Page 1 Voice mail received by Bmce February 15, 2001: Bruce, this is Gene Ciancio calling on the Club Romance deal. I woke up this morning in a cold sweat. When we were talking yesterday at the prehearing to determine if they were going to accept our agreement. When the chairman said let's start at 1:30 and we will go until we can't go no more and try to finish it on that date. When I got home last night it didn't occur to me but when I woke up this morning in this sweat, I remembered I have a 6:00 p.m. hearing in the City of Thornton on a liquor license that they are more than welcome to call and check if they don't believe me. It is one of the only things I have at night in the next six months literally. But every once in a while you have jurisdictions down here like Thornton, Northglenn Westminster, etc. • that will hold their liquor license hearings at night. This one is a hearing on the movement license requesting that they be allowed to move/change locations. And what I understand from the City i. that there is going to be some opposition so it is not a case that I can just say oh let's continue it • for a week or something. It definitely is going to go and it is that same night, the 21s`. So, the • name of that one is Sun Rise Liquors, the City of Thornton. Why don't you call me and tell me what your advise would be on what to do next. My preference would be that even though it is going to be put off a little while is to get a date when we can actually do this, when there is nothing else set if possible. at least very little and have a full day to try to hammer this thing out and come to some conclusion on it. If they start on the 21a`and they understand that I have to leave no later than say 4:00 p.m., fine and then they reset to different date. I think that just breaks up the whole momentum of either case. My opinion is, I am obviously going to do whatever I have to do except that I can't be there at night next Wednesday. M:AWPFILESVDIANEWOICEMAILVCLUBRBRNG.WPD • AGREEMENT FOR RECOMMENDATION OF RENEWAL FOR TAVERN LIQUOR LICENSE ROMANCE, INC., DBA CLUB ROMANCE/LUCKY STAR THIS AGREEMENT is made and entered into this 21s`day of February, 2001, by and between Romance, Inc., dba Club Romance/Lucky Star ("Club Romance" or"the Licensee"), Weld County Sheriffs Office ("the Sheriffs 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 Sheriffs 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: Sheriffs 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 of6Pages . EXHIBIT 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 Sheriffs 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 shall be closed for a period of 14 days, which period of closure shall be split into two 7 day time periods. The first 7 day period of closure shall begin and include February 23, 2001. The second 7 day period of closure shall begin and include April 6, 2001. The Licensee shall comply with any and all rules and/or regulations pertaining to such closure as set by the State of Colorado, Department of Revenue. B. The Licensee shall prohibit minors from the licensed premises whenever alcoholic beverages are being served. The Licensee shall initiate a system to identify patrons within the 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 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 licensed premises. D. The Licensee shall call the Sheriff's 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 Sheriff's 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 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 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 Sheriff's 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 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. 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 By: Manual Manriquez. President Page 5 of 6 Pages ATTORNEYS FOR CLUB ROMANCE: Gene Ciancio, Esq. Charles B. Dickson, Esq. WELD COUNTY SHERIFF'S OFFICE: By: Rick Dill, Sheriff's Administrator SPECIAL ATTORNEY FOR WELD COUNTY SHERIFF'S OFFICE Stan Peek, Esq. STATE OF COLORADO, DEPARTMENT OF REVENUE, LIQUOR ENFORCEMENT DIVISION By: David Sauter Supervisor of Investigators Page 6 of 6 Pages Hello