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Home My WebLink About910435.tiffRESOLUTION RE: APPROVAL OF RENEWAL REQUEST FOR RETAIL LIQUOR STORE LICENSE ISSUED TO RONALD FAHRENHOLTZ, D/B/A C J'S LIQUORS - EXPIRES AUGUST 15, 1992 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, Ronald Fahrenholtz, d/b/a C J's Liquors, presented to the Board of County Commissioners of Weld County, Colorado, an application for the renewal of a Retail Liquor Store License for the sale of malt, vinous and spirituous liquors in sealed containers not for consumption at place where sold, and WHEREAS, pursuant to Weld County Ordinance No. 6, Section II, C., said applicant has paid the sum of $87.50 to the County of Weld for the renewal of the existing license, and WHEREAS, said applicant has exhibited a State Liquor License for the sale of malt, vinous and spirituous liquors for 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: 3907 Highway 119, Longmont, Colorado 80501-9543 NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Weld County, Colorado, having examined said application and the other qualifications of the applicant, does hereby grant License Number 91-10 to said applicant to sell malt, vinous and spirituous liquors in sealed containers not for consumption at place where sold, only at retail at said location and does hereby authorize and direct the issuance of said license by the Chairman of the Board of County Commissioners, attested to by the County Clerk to the Board, of Weld County, Colorado, which license shall be in effect until August 15, 1992, providing that said place where the licensee is authorized to sell malt, vinous, and spirituous liquors in sealed containers not for consumption at place where sold, 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. 910435 jcO Page 2 RE: RETAIL LIQUOR STORE LICENSE - CJ'S LIQUORS The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of May, A.D., 1991. ATTEST: Weld County Clerk to the Board By: (3t Deput Clerk to the Board APPROVED AS '• FORM: ounty Attorney BOARD OF COUNTY COMMISSIONERS WELD COUNTY, LORADO Gord George Kennedy, Pro - Constance L. Harbe AYE 910435 DR 8401 (4/90) Attachment Liquor/3.2 License Ren ual Application This page must be completed and attached to your signed renewal application form. ire to include thls page with the aDailcatlon may result In your license not being renewed. Trade Name of Establishment Ca 7. s L/aide siz. State License Number /4 -023027 1. Do you have legal posession of the p emises for which this application for license is made? YES Re" NO ❑ Are the premises owned or rented?u A) g a If rented, effective and expiration date of lease: 2. (a) Has the applicant, or any of the partners, or officers, stockholders or directors of said applicant (if a corporation) ever been YES ❑ NO2 convicted of a crime? if answer is 'yes," explain in detail and attach. (b) Have persons lending assistance or financial support to the applicant, or manager, or employees, ever been convicted of a crime? YES NO,k' If answer is yes," explain in detail and attach. 3. Has the applicant, or any of the partners, or officers, directors or stockholders of said applicant (if a corporation) or manager, ever: (a) been denied an alcoholic beverage license? YES ❑ NO Imo' (b) had an alcoholic beverage license suspended or revoked? YES ❑ NO.0 (c) had interest in any entity that had an alcoholic beverage license suspended or revoked? YES ❑ NOW If answer is yes" to any of the above questions, explain in detail and attach. 4. Does or did applicant, or any of the partners, or officers, directors or stockholders of said applicant (if a corporation), have a direct YES ElNi:c nrfndaetftidertstfraity othercufudkl�flkjths Lem finableLath) to erHfeem my Vzi....3tu, or int—act Ina kttn to ere/ hone^°)%-<.- - -ii -. -+ .\\.... If answer is yes; explain in detail and attach. 5. Identify the persons, firms or corporations who now or will have a financial interest, evidenced either by a loan to, or equity ownership in, the business for which this license is requested. State the names and addresses and the amount and source of such financial interest (i.e., bank, relatives, friends, previous owners, etc.), expressed in dollars or other items of value, such as inventory, furniture or equipment. Use separate sheet if necessary. Name Address Interest Type and Amount 6. List on a separate sheet the names and addresses of all -liquor businesses in which any of the persons in question No. 5 are materially interested. 7. Operating Manager fli4t e C.q/ f4)4 WL.7(.2 Address 1//9 (+e/Alsic a) Cf( hirMilanr04+(4 Date of Birth W0) If applicant is a partnership (except husband and wife , fist all general partners. Use separate sheet if necessary. Name Address Date of Birth Name Address Date of Birth 9. If the applicant is a corporation, answer the folbwing: (a) Corporation is organized under the laws of the State of: Date Incorporated: (b) Principal place of business is: (c) Date of filing last annual corporate report to the Colo. Secretary of State: (d) Name of each officer listed below: President , Home Address Date of Birth Vice-Pres. Home Address Date of Birth Treasurer Home Address Date of Birth Secretary Home Address Date of Birth (e) List all stockholders,5% or over, (if a public corporation) including actual owner orpledgee. (Use separate sheet if necessary) Name Address Percent of Stock Date of Birth Name Address Percent of Stock Date of Birth Name Address Percent of Stock Date of Birth (f) Name of all Directors'/Trustees of Corporation Name jerit.b. 4.0 F- %.P.ndlAbLT1 Address tfl9 (Ali AlSIow Cie lAvcc.ao,u, 41 Date of Birth /./at, of Birth Name Address 910435 DR 8400 (8/89) Cob. Dept. of Revenue Liquor Enforcement Division 1375 Sherman Street Denver, Colorado 80261 866-3741 Liquor or 4LBeer License Heston FAkitkEENitULT Lku C J5 ,LI aUClkS 3907 1la.Y -ttU 31UNT co o05, .'•4 YOUR PROMPT ATTENTION IS REQUIRED. FAILURE TO COMPLETE THIS FORM ACCURATELY AND PROMPTLY MAY RESULT IN YOUR LICENSE NOT BEING RENEWED. • • FILL OUT THIS FOWA COMPLETELY AND CHECK APPROPRIATE BOX BELOW. pt.,Thie renewal reflects no dtanges from last application. ❑ There are changes trail test applca ion. (Report changes on torn DR 8176 - "Report of Changes - Liquor and 3.2 Beer Licenses" and attach that form to this renewal application.) License Number: 14-23087 ua sity Information: - 03 206 59211..Lf:-1es-: License Type: O audMt49B' o ton: 3907 MAY 119 LUNGMCNT CO Current License Expires: AUG 15,1991 ©l07Y/OO TY ©©pY • SIGN THE FORM • ENCLOSE TOTAL AMOUNT DUE • SUBMIT COMTOLOCAL.(CfTY/COUNTY) LICEI■■O AUI}NIRRY FI)fi APPROVAL • DECK IMO LOCAL AUTHORITY FOR AMOUNT OF LOCAL FEE. • Y I a a cannn l lan,nn that th c adel eatbn and all8d8CAirlenfS are true, correct, and certtpkte to the be. of my knowledge. na,Nr/�y, Author' a2� �/ /, 'yfy f�-r,` Date: © $�/ < / BUeiness Phone: fi' - 8`?5 Title of Signer (M corporation): C/41) AireATTACHED V Sales Tax DR 8401 MUST BE COMPLETED (ALL 3 COPIES) Y/Cou LdCENSINf.SlITHOfiITY SUBMIT THE STATE COPY AND LOCAL (CITYA70UNTY) AUTHORITY COPY JO.YOUR LOCAL (CIT f. NO LATER THAN 45 DAYS BEFORE YOUR LICENSE EXPIRED. EXCEPTION: Wholesaler, manufacturer, importer, and public Vensgpitalionsfyllterfaitise renewals do not need Local Licensing Authority approval and must be returned directlylo the Color3$o Department of Revenue no later than 30 day. prior to licensee ration. k. � daR -; �^ n satswt�r'�'i 9a as`k�t^,' Y`s�� Ytq • 3 2 .. s° � i a 1 � F. a .'s ..�.� z The foregoing application has been examined and the premises, business conducted and character of the applicant are satisfac- tory, 3ad.)we do hereby repeal that such license if granted Will comply lth provisnns of Title 12, Articles 46 and 47,'C.R.S. rucocc •Itac rule AADI leaTIrW IS APPROVED. 0 Ar , LocalLicensing Authority for .... o+-�ar� r WELD gaUNTY, COLORADO Nt 7 TOWN/CITY XI COUNTY Signature 4• .� . f - n . - Yr„l."...,Y�ry_(�,. CHAIRMAN PRO-TEM Title CHAIRMANWELD COUNTY BOARD DF COMM'ISSIOH/RS Attest: - BY: /.yam�wYft dl�iJKA� Date MAY 8, 1991_._.. B C �AiC'f6"P 2. Do NOT DETACH • Do NOT DETACH • DO Fe DETACH • DO NOT DETACH • DO NOT DETACH • DO NOT 0ETACH • DO NDT DETACH • A BUSINESS LOCATION: 3907 i4WY 119 NAME USE LICENSE NUMBER FOR ALL REFERENCE. LIABILITY INFORMATION RENEWED LICENSE EXPIRES AFTER ;. COUNTY CRY INDUST. TYPE LIAB. PATE i-At1s2ENHDLT2 RONALD 4-23087 03 206 5921 '1 081683 08-15-92 1'= j it's ' TYPE OF LICENSE ISSUED CASH FUND STATE FEE CITY 85% OAP CO 85% OAP 88-01 (9) 414 (9) 484. (9) 37.1 (9) 491 (9) ; p xtTAIL LIQU-UR STORE LICtHiSt MALT. VINOUS. ANU SP1MITUUOS (3) e0 - 25.OJ $ 50.00 $ 212.5 Make check payable to: COLORADO DEPARTMENT OF REVENUE TOTALAMOUNTDUE1t► L;: 287.51 ' EXTENDED HOURS — Applies only to Hotel and Restaurant, Beer and Wine, Club, Tavern, Extended (pours? and Arts licenses. If desired, cheek 'yes" and enclose Total Amount Due PLUS $170110: - 0 Yes 0 No 910♦35 of Color.ctl® C@ 1f o f Ii® na® Liquor Enforcement Division 1375 Sherman Street Denver, Colorado 80261 FAHRENHOLTZ RONALD C J5 LIQUORS 3907 HWY 119 LONGMONT CO 80501-9543 Alcoholic Beverage License A,Deod Nunpr u+x,r.....n Counts Cd, Indust, Two WANDS* 110EN8E EXPIRtES AT MDNCNr 14-23087 03 206 5921 1 081683 AUG 15, 1992 Typ, mm.nd Deea**Cn d Ibrir F,, D RETAIL LIQUOR STORE LICENSE - MALT, VINOUS, AND SPIRITUOUS $ 75.00 COUNTY 35 PERCENT OAP FEE $ 212.50 TOTAL,EE(9) $ 287.50 This license is issued subject to the laws of the State of Colorado and especially under the provisions of Title 12, Articles 46 or 47, CRS 1973, as amended. This license is non- transferable 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 Divison, 1375 Sherman Street, Denver, CO 80261. In testimony whereof, I have hereunto set my hand. MET MAY 1 3 1991 Division Director DR 8402 (3.88) Executive Director 916435 =%a z \\C) = a m \ •§] ki ) "- •- «-± O.)m z - § 1.0 •••• /m 02 S44 . B—/ 3�j 2 era - ,�-Q NMI 4 g\� o TO BE POSTED IN A CONSPICUOUS PLACE. NON -TRANSFERABLE 810435 BIDS: BUSINESS: NEW: PRESENT 1991 CHIP AND SEAL - ENGINEERING DEPARTMENT: Mr. Warden stated there are two bidders, Best -Way Paving Company and Western Mobile Northern, Inc. Best -Way is the apparent low bidder. This bid will be submitted for approval on May 22, 1991. APPROVE SMALL HAND TOOLS - ROAD & BRIDGE DEPARTMENT: Mr. Warden reviewed the memo from Dave Becker, Assistant Road and Bridge Director, with staff recommendation for approval based on low bid for each item. This method awards Majors Welding $834.45, Hugh M Woods $1,169.49, Aviation Supply $2,422.11, GIS Supply $112.55, and Toolco, Inc. $2667.66, for a total of $7,206.26. Commissioner Kennedy moved to approve based on staff recommendation. Commissioner Harbert seconded the motion, which carried unanimously. APPROVE DIAPER SERVICE - HEADSTART SCHOOL: Mr. Warden read the memo from Tere Keller, Director of the Family Educational Network, asking for the bid to be rejected due to budgetary constraints. Disposable diapers being purchased now cost less than half of the low bid amount received for diaper service. Commissioner Webster moved to reject said bid. Commissioner Kirby seconded the motion, which carried unanimously. APPROVE CONSTRUCTION FOR BRIDGE 136/79A - ENGINEERING DEPARTMENT: Mr. Warden stated the low bidder was Paramount Construction Company, with a bid of $159,835.00. Two previous bridge projects for Weld County have been successfully completed by Paramount Construction. DennY Graham, Engineering Department representative, answered questions regarding a 60" pipe being installed to provide a drainage way, thus avoiding the need to re-route traffic. Commissioner Kennedy moved to approve the bid of Paramount Construction Company. Commissioner Kirby seconded the motion, which carried unanimously. CONSIDER DIVISION OF CRIMINAL JUSTICE DRUG CONTROL AND SYSTEM IMPROVEMENT APPLICATION FOR FUNDS AND AUTHORIZE CHAIRMAN TO SIGN: Lt. Kim Fliethman, Weld County Sheriff's Office, explained that the only difference in this Grant Application and last year's is the additional request for Federal funds for one investigator and some equipment. Commissioner Kirby moved to approve said Application and authorize Chairman to sign. Commissioner Harbert seconded the motion, which carried unanimously. CONSIDER REQUEST FOR RENEWAL OF RETAIL LIQUOR STORE LICENSE FROM RONALD FAHRENHOLTZ, DBA CJ'S LIQUORS: Lt. Fliethman stated there is no record of local violations in the last year. Bruce Barker explained the Order to Show Cause and Notice of Hearing, Stipulation and Agreement, and Order from the State of Colorado, Department of Revenue concerning Mr. Fahrenholtz. Following discussion of this matter, Commissioner Kirby moved to approve said renewal. Commissioner Webster seconded the motion, which carried four to one, with Commissioner Harbert voting against the motion. CONSIDER CANCELLATION OF UNCOLLECTIBLE AMBULANCE ACCOUNTS IN THE AMOUNT OF $58,331.10: Commissioner Kennedy moved to approve cancellation of uncollectible Ambulance accounts in the amount of $58,331.10. Commissioner Harbert seconded the motion, which carried unanimously. CONSIDER QUIT CLAIM DEED TO CITY OF EVANS CONCERNING OLD STATE HIGHWAY 3 AND AUTHORIZE CHAIRMAN TO SIGN: Lee Morrison, Assistant County Attorney, explained this matter was brought to our attention by the surveyor for the City of Evans. The County holds title to State Street, which is east of Highway 85 and Minutes - May 8, 1991 Page 2 910435 ftt*PR 1111k COLORADO mEmoRAnDum Board of County Commissioners May 3, 1991 To Date Bruce T. Barker, Asst. Weld County Attorney From Renewal Request by Ronald Fahrenholtz d/b/a Subject: C.J.'s Liquors Attached please find copies of the following: A. Order to Show Cause and Notice of Hearing, Stipulation and Agreement, and Order from the State of Colorado, Department of Revenue, concerning Mr. Fahrenholtz. B. Weld County Ordinances 102-A, and 102-B. One of Mr. Fahrenholtz' employees was caught selling malt, vinous or spirituous liquors to a male under the age of 21 years. Mr. Fahrenholtz and the State entered into the Stipulation and Agreement, whereby Mr. Fahrenholtz' license was suspended for five days beginning May 6, 1991, and continuing to and until May 10, 1991. Mr. Fahrenholtz agreed to pay a fine in the sum of $904.45 in lieu of the actual suspension. Another ten days of suspension was held in abeyance for a period of one year from March 8, 1991. Section 12-47-106(1)(b), C.R.S., and Weld County Ordinance 102-A provide that the Board of County Commissioners can set a hearing upon a request for renewal of any liquor license if the Board finds probable cause that: there have been "violations in the last one year period by the licensee or by 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." Mr. Fahrenholtz agreed in the Stipulation and Agreement with the State that he had violated the provisions of Section 12-47-128, C.R.S., when his employee sold malt, vinous, or spirituous liquors to a person under the age of 21. Given this Agreement, the Board may wish to set the matter for hearing to determine whether or not to refuse to renew Mr. Fahrenholtz' Liquor License. cam '—� Bruce T. Barker Assistant Weld County Attorney rm £10435 t P.0020 BEFORE THE EXECUTIVE DIRECTOR, DEPARTMENT OF REVENUE STATE OF COLORADO i,',1 1::,.7 I ? ��.E t TO ;.,:: ORDER IN THE MATTER OF: RONALD FAHRENHOLTZ D/B/A C.J.'S lIQUORS 3907 HWY 119 LONGMONT, COLORADO 80183 LICENSE NO. D 14-23087 FINDINGS AND ORDER After investigation and pursuant to the Stipulation and Agreement attached hereto as Exhibit A, the Director, having reviewed the Stipulation and Agreement offered by the Liquor Enforcement Division and the above referenced Licensee, does hereby FIND: 1. That the terms of the aforesaid Stipulation and Agreement are acceptable to the Director and are hereby adopted in full as the findings of the Director. THEREFORE, the Executive Director, Department of Revenue, hereby ORDERS: 1. That the above referenced liquor license be, and hereby is, suspended for the period and in the manner provided in the Stipulation and Agreement. ORDERED AND SIGNED at Denver, Colorado this of 4r nr , 1991. Jx,:�Y DIRECTOR DEPART4r7T1 6f REVENUE CJ' SLIQ.ORI) (6 day 910435 1.3 BEFORE THE EXECUTIVE DIRECTOR, DEPARTMENT OF REVENUE STATE OF COLORADO ST I PU_AT I ON AND AGREEMENT IN THE MA►IEH OF: RONALD FAHREN LTZ D/B/A C.J.'S LIQUORS 3907 I -WY 119 LONGMONT, COLORADO 80183 LICENSE NO. D-14-23087 THIS AGENT BETWEEN the State of Colorado, Liquor Enforcement Division ("Division") and Ronald Fahrenholtz, D/B/A C.J.'S Liquors, 3907 I -WY 119, Longmont, Colorado 80183, License No. D-14-23087, ("Licensee") is offered for the purpose of a settlement of the matters detailed in the Order to Show Cause and Notice of Hearing attached hereto as Exhibit 1 (hereinafter "Notice"). The above -named parties submit and agree as follows: 1. The facts and allegations contained in the Notice are true and accurate. 2. The licensee agree; to a fifteen (15) day suspension of his retail liquor license as a penalty for his violation of the Colorado Liquor Code as set forth in paragraph I of this Stipulation and Agreement. Said suspension of Licen:.cc's retail liquor license to take place as follows: A. License to be active l sus pil lded for five (5) day from 12:01 a.m, on i //7;,%//7;,%10 until 11:59 p.m. on J /�f B. Ten (10) days of suspension to be held in abeyance for a period of one (1) year, from the date of approval of this agreement by the State Licensing Authority, pending no further violations of the Colorado Liquor Code during this period. C. During any period of active license suspension, Licensee will post its premise in compliance with Regulation 47- 110.1, 1 C.C.R. 203-2. 3. The Licensee petitions and the Division agrees that the Licensee shall be allowed to pay a fine in lieu of susp ision in accordance with 12-47-110 (3). In this regard, the parties agrees as follows: 910435 Stipulation and Agreement C.J.'S Liquors Page 2 A. That the public welfare and morals would not be impaired by permitting the Licensee to operate during the period set for suspension and that the payment of the fine will achieve the desired disciplinary purposes; and B. That the books and records of the Licensee are kept in such a manner that loss of sales of alcoholic beverages which the Licensee would have suffered had the suspension gone into effect, can be determined with reasonable accuracy therefore; and C. That the Licensee has not had its license suspended or revoked, nor had any suspensions stayed by the payment of a fine, during the two (2) years immediately preceding the date of the complaint which has resulted in this Stipulation and Agreement; and 4. The parties agree that the fine shall be the equivalent of twenty percent (207.) of the Licensee's estimated gross revenues from the sales of alcoholic beverages during a period of FIVE (5) days, except that the fine shall not be less than Two Hundred dollars ($200.00) nor more than Five Thousand Dollars ($5,00.00). The parties agree that the average day's sales for the month of January, 1991, shall be the appropriate measure of said estimated gross revenues. Based upon these records, the amount of the fine 'i goy vS1 has been determined to be $ 5. Payment of the fine pursuant to the provisions of this Agreement shall be in the form of cash or in the form of a certified check or a cashier's check made payable to the Colorado Department of Revenue. Said fine shall be paid to the Department of Revenue on or before April 15, 1991. 6. Upon the payment of the fine as agreed upon in Paragraph 5, Licensee's Five (5) day suspension as set forth in Paragraph 2 of this "Stipulation and Agreement" shall be deemed automatically stayed. 7. If the Licensee fails to make payment in a timely manner as detailed in Paragraph 5 of this Stipulation and Agreement, the full FIVE (5) days susf iEsion shall be served as detailed in Paragraph 2. 910435 Stipulation and Agreement C.J.'S Liquors Page 3 If at any subsequent hearing, stipulation in lieu of hearing, the state authority should find that Licensee, during the aforesaid one-year period, violated any provision of the Colorado Beer or Liquor Codes, including all regulations thereunder, then the state authority shall, in addition to any other penalty imposed, order Licensee to serve all or any days of suspension presently held in abeyance, pursuant to this agreement. This Stipulation, Agreement, and Order shall not be effective unless and until approved by the Colorado State Licensing Authority. �/4/1 Director Liquor Enforcement Division DATE/ D FAHREN-L LT Z Sole Proprietor C.J.'S Liquors 5'/,/' 9 DATE 910435 BEFORE THE EXECUTIVE DIRECTOR, DEPARTMENT OF REVENUE STATE OF COLORADO ORDER TO SHOW CAUSE AND NOTICE OF HEARING IN THE MATTER OF: ROLAND FAHRENHOLTZ D/B/A C.J.'S LIQUORS 3907 HWY 119 LONGMONT, COLORADO 8018.3 LICENSE NO. D-14-27015 WHEREAS, it has been made to appear to the State Licensing Authority, Executive Director, Department of Revenue, State of Colorado, that Roland Fahrenholtz, D/B/A C.J.'S Liquors, 3907 HWY 119, Longmont, Colorado 80183, License No. D-14-27015, ("Licensee") , has violated the statutes or the rules and regulations of the Department of Revenue governing its licen,c Jr the l I swing particulars: I . Pursuant. to 12-47-128 (5) (A) (I) , It is unlawful any person licenser to sell at retail pursuant to this article to sell malt, vinous, or spirituous liquors to any person under the age of twenty --one years. A. 7t. is 3ileried th. 1 on '",Y about. Feh+"uar,. .l the Licensee's agent. (Douglas 2. Andrews) ta 1 c: two Lwelve-;'a+'.S of mall:. liquor to Shur t:is W. Jant•-. one year'. Ni)W 1 HF-E()RF: , you are hereby ordered to appear bpi ore ' huw_ cdu a why your said license sho:ilci not be suspe ded orhy •• . .. r:i.. _ . '•-t' • I I i 910435 Notice C.J.•s Liquors Page 2 You are entitled to have an attorney hearing. It you should retain an in advance of the hearing. Once a postponement will not be granted you should fail to appear at the hearing, testimony will be taken upon which evidence your license the Colorado Liquor or Beer code represent you at the attorney, you should do so well hearing date has been set, a except for good cause shown. If scheduled time and place for the in reference to the allegations, to operate under the terms of may be suspended or revoked. Please be further advised that if the Director does find you in violation of any of the above -cited section(s) of the Colorado Liquor or Beer Code, the Director may consider in selecting the sanction to be imposed against you, all prior violations of the Liquor or Beer Code by you as well as any sanctions previously imposed against you. IT IS FURTHER ORDERED that a copy of this Order and Notice shall be mailed or delivered to the above --mentioned licensee. IN WI I NE S WHEREOF , I have here:In tc, -e t my hand and seal of my office this day of ti, _-.-, 19 `1,. �'r �. ; +:y �• `';'- OF R.'/EN' ,L 910435 -.ORDINANCE NO.. -102:A IN THE MATTER OF ESTABLISHING GUIDELINES FOR THE REFUSAL TO RENEW A LIQUOR LICENSE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, THAT WELD COUNTY ORDINANCE NO. 102 IS AMENDED TO INCLUDE THE FOLLOWING ADDITIONS: WHEREAS, the Colorado Liquor Code provides that the local licensing authority may refuse to renew any license issued by it for good cause, subject to judicial review, and WHEREAS, the Colorado Liquor Code provides that the local licensing authority may cause a hearing on the application for renewal to be held, so long as notice of hearing has been conspicuously posted on the licensed premises for a period of ten (10) days and notice of the hearing has been provided the applicant at least ten (10) days prior to. the hearing, and WHEREAS, the Colorado Liquor Code does not provide any guidelines for the determination of whether a hearing on the renewal application should be held, or for the determination of whether good cause exists to refuse the renewal of the license. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Weld County, Colorado, that Weld County Ordinance 102 is hereby amended to include the following additions: BE IT FURTHER ORDAINED that the Board of County Commissioners of Weld County, Colorado, acting as the local licensing authority in Weld County, pursuant to the Colorado Liquor Code, may set a public hearing in the renewal application if it finds probable cause to believe that any one of the factors 1 through 4 herein mentioned exists, and BE IT FURTHER ORDAINED that the Board of County Commissioners may consider the following factors in a public hearing to determine if good cause exists to refuse the renewal of any liquor license, and such consideration is denoted as Phase I of the public hearing: 1. Whether there have been any violations in the last one-year period by the licensee or by any of the agents, servants, or employees of this 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. 910435 BE IT FURTHER ORDAINED that this Ordinance shall take effect five (5) days after its final publication, as provided by Section 3-14(2) of the Weld County Home Rule Charter. The above and foregoing Ordinance 102-A was, on motion duly made and seconded, adopted by the following vote on the 25th day of February , A. D., 1985. ATTEST: cL tLw ia�,.i Weld County Clerk and Recorder and Clerk to the Board By: Deputy County Clerk BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO cu- pine J•• .son, Chairman ne /� n to 4 "'Y Nk cne R. Brantner, Pro -Tern L ,,- 4-2 oteLlahci;77:` Frank Y3fiaEuchi / First Reading: January 23, 1985 Published: January 31, 1985, in the La Salle Leader Second Reading: February 11, 1985 Published: February 14, 1985, in the La Salle Leader Final Reading: February 25, 1985 Published: February 28, 1985, in the La Salle Leader Effective: March 5, 1985 910435 2. Evidence showing "excessive noise,. rowdiness, disturbances on a continuous basis in the immediate area of licensed premise which has been substantially a result of operation of the licensed premise. - 3. Evidence that a person or person(s) convicted under §42-4-1202, CRS, of driving under the influence of alcohol or driving while ability impaired did become intoxicated at said licensed premise. 4. Evidence that the licensee is no longer of good character. or . the the BE IT FURTHER ORDAINED that Phase II of such public hearing shall be a determination of whether the following items mitigate or aggravate the effects of the four factors listed above, if any one of the Phase I factors are found to exist, such factors to be considered in determining whether denial of renewal is justified: a. Seriousness of the factor in terms of the affront to the public. b. Corrective actions taken by the license holder. c. Prior violations, offenses, and occurrences at the licensed premises and effectiveness of prior corrective action. d. Prior violations and offenses by the•licensee. e. Violation, offense, or occurrence as a repeated course of conduct or as a single event. f. Likelihood of recurrence. g• All circumstances surrounding the violation, offense, or occurrence. h. Willfulness of violation(s), offense(s), or occurrence(s). i. Length of time the license has been held by the licensee being disciplined. j. Previous sanctions imposed against the licensee. k. Other factors making the situation unique to the licensee or premises subjected to discipline. 910435 B 1084 REC 02024479 09/11/85 16:36 $0.00 1/002 F 0243 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO ORDINANCE NO. 102-B IN THE MATTER OF AMENDING GUIDELINES FOR THE REFUSAL TO RENEW A LIQUOR LICENSE AND FOR SUSPENSION OR REVOCATION OF A LIQUOR LICENSE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO: 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 Colorado Liquor Code provides that a local licensing authority may refuse to renew any license issued by it for good cause, subject to judicial review, and WHEREAS, the Colorado Liquor Code provides that the local licensing authority may suspend or revoke any license issued by it for any violation by the licensee or by any agents, servants or employees of such licensee under the provisions of the Colorado Liquor Code or any of the rules or regulations authorized pursuant to the Colorado Liquor Code or of any of the terms, conditions or provisions under which the license was issued, and WHEREAS, Ordinance No. 102, pertaining to guidelines for the suspension or revocation of a liquor license and Ordinance No. 102-A, pertaining to the refusal to renew a liquor license, do not address the issue of procedures if less than the full Board is present, and WHEREAS, the Weld County Home Rule Charter requires a vote of at least three Commissioners to sustain any motion, including that to suspend, revoke or renew a liquor license, and WHEREAS, an emergency exists in that the matter of establishing guidelines for circumstances where less than the full Board is present must be resolved prior to the holding of a hearing scheduled for September 18, 1985. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Weld County, Colorado, that Weld County Ordinance No. 102 as amended by the additions under Weld County Ordinance No. 102-A pertaining to procedures for suspension or revocation of a liquor license and for the refusal to renew a liquor license shall be amended to include the following provisions: 1. That where only three members of the Board of County Commissioners are present for the renewal, suspension or revocation 910435 B 1084 REC 02024479 09/11/85 16:36 $0.00 2/002 F 0244 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO PAGE 2 Ordinance hearing under the Colorado Liquor Code, the licensee may request a continuance to a hearing date at which additional members of the Board will be present. 2. Where four members of the Board are present, the hearing shall proceed, at the discretion of the Board, provided that if any vote on the ultimate issues of suspension, revocation, or renewal results in a 2-2 tie vote, the hearing shall be adjourned until such time as the fifth Commissioner has had an opportunity to review the record. BE IT FURTHER ORDAINED that an emergency exists which requires that this matter of establishing guidelines for circumstances where less than a full- Board being present be available for the use of the Board of County Commissioners prior to a hearing set for September 18, 1985, and BE IT FURTHER ORDAINED that this Ordinance No. 102-B is declared to be an emergency ordinance under the provisions of Section 3-14 of the Weld County Home Rule Charter. The above and foregoing Ordinance No. 102-B was, on motion duly made and seconded, adopted by the following vote on the 11th day of September, Se}A.D., 1985. ATTEST f'lE" "'- WELD COUNTY, COLORADO Weld,'.) gClerk—and Recorder and C the Boa ep.d yiCounty Cl: k APPROVED AS TO FORM; BOARD OF COUNTY COMMISSIONERS ne Jol%pon, Chairman R. Brantner„ Pro-Tem C. W. Frank Yamaguchi/ Read and Approved: September 11, 1985 Published: September 19, 1985, in the Johnstown Breeze 910435 P 556 983 133 PS Form 3800, June 1985 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Colorado Dep't. of Revenue Liquor Enforcement Di•• 1375 Sherman Street Denver, CO 80261 Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered Return Receipt showing to whom. Date. and Address of Delivery TOTAL Postage and Fees Postmark or Date SENDER: • Complete items 1 and/or 2 for additional services. • Complete items 3, and 4a & b. • Print your name and address on the reverse of this form so that We can return this card to you. • Attach this form to the front of the mailpiece, or on the beck if space does not permit. • Write "It Receipt Requested" on the mailpiece next to the article rbanber. 3. Article Addressed to: Colorado Dep't. of Revenue Liquor Enforcement Div. 1375 Sherman Street Denver, CO 80261 1. -Signature (Addressee) 8. Signature (Agent) PS Form 3811, October 1990 4a. Art P4b. Sen ❑ Reg stared hrnrW — 'Certified RE P 556 983 160 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) RONALD FAHRENHOLTZ C J LIQUOR 3907 HIGHWAY 119 LONGMONT, CO 80501-9543 U, cn c 8 M E 0 a Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered Return Receipt showing to whom, Date, and Address of Delivery TOTAL Postage and Fees S Postmark or Date 7. Date of Delivery E • rn 0 M -4 4• 8 0HH q H x 0 .aF Q O O a' w 0cn a eipt for se 8. Atjiel$ll#gylOnly if requaa*d and fee is paid) REVENUE � MAIL pRpOO M RTATDDNIE TCQQR�TU N RE < set u.s.GPO: ,wo-27aea+ S RN RECEIPT eelL, 0 N 0 0 0 310435 0 O Hello