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Home My WebLink About940002.tiff RESOLUTION RE: APPROVE WAIVING TIME LIMIT CONCERNING RENEWAL OF 3.2% BEER LICENSE - FLORINDA PESINA AND LUPE PESINA, DBA PESINA'S CAFE, AND AUTHORIZE CHAIRMAN TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on the 6th day of December, 1993, the Board did receive an application from Florinda Pesina and Lupe Pesina, dba Pesina's Cafe, for renewal of a 3.2% Beer License, and WHEREAS, said application was submitted to the Board less than 45 days prior to the date of expiration, as required in Section 12-47-106(1) (b) , CRS, as amended, and WHEREAS, at a meeting on December 20, 1993, the Board deemed it advisable to set a hearing on January 5, 1995, to determine whether there was good cause to waive said time requirement, and WHEREAS, at said hearing on January 5, 1994, at 9:00 a.m. , the Board determined that the applicants sustained the burden of proof as to the late filing of their application, and the reasons given do fit the criteria as listed by the Board of County Commissioners, and WHEREAS, the Board deems it appropriate to authorize the Chairman to sign a letter authorizing the applicant to continue the sale of fermented malt beverages, containing not more than 3.2% of alcohol by weight, for consumption on and off the premises, until the State-approved license is received. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the time requirement as set forth in Section 12-47-106(1) (b) , CRS, as amended, be, and hereby is, waived concerning the renewal request of Florinda Pesina and Lupe Pesina, dba Pesina's Cafe, for a 3.2% Beer License. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign a letter authorizing Florinda Pesina and Lupe Pesina, dba Pesina's Cafe, to sell fermented malt beverages, containing not more than 3.2% of alcohol by weight, for consumption on and off the premises, until the required State-approved license is received. 940002 LCooa� RE: HEARING TO WAIVE TIME LIMIT - PESINA'S CAFE PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of January, A.D. , 1994. i A ( f / // i BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk to the Board /1 ,Ih/ b)2 ,3 W., H. Webster, C .irman i c BY:74 -C .d //ii' / /l:aG[r,//C. _ L�' Deputy Cler to the_Baafd Dale Hall, -Te / APPROVED AS TO FORM: /Geox'g E. Baxter • !/ ounty Attorney Constance L. Harbert 77 / .-L. 4-,:2`724"/"ABarbara J. Kirkmey O 940002 HEARING CERTIFICATION DOCKET NO. 94-10 RE: HEARING TO CONSIDER WAIVING THE 45-DAY TIME REQUIREMENT AND RENEWAL OF 3.2% BEER RETAIL LICENSE - FLORINDA PESINA AND LUPE PESINA, DBA PESINA'S CAFE A public hearing was conducted on January 5, 1994, at 9:00 A.M. , with the following present: Commissioner W. H. Webster, Chairman Commissioner Dale K. Hall, Pro-Tem Commissioner George E. Baxter Commissioner Constance L. Harbert Commissioner Barbara J. Kirkmeyer Also present: Acting Clerk to the Board, Carol Harding County Attorney, Bruce Barker The following business was transacted: I hereby certify that pursuant to a notice dated December 20, 1993, and duly published December 23, 1993, in the Windsor Beacon, a public hearing was conducted to consider waiving the 45-day time requirement and renewal of a 3.2% Beer License for Florinda Pesina and Lupe Pesina, dba Pesina's Cafe. Bruce Barker, County Attorney, made this a matter of record. The applicant, Lupe Pesina, was present and indicated there was a death in the family which caused them to forget the expiration date of the license. No public testimony was offered concerning this matter. After discussion, Commissioner Harbert moved to grant the 45-day waiver and renew the 3.2% Beer License for Pesina's Cafe, based on the testimony offered. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. This Certification was approved on the 10th day of January, 1994. APPROVED: / n i ATTEST: BOARD OF COUNTY COMMISSIONERS / t;Z%7A. U7 • „ J— ;.. i ✓ t':/y 'A.cwyl WELD COUNTY, COLORADO Weld County Clerk to; the Boardj By: / z,e t W.,211. Wester, Ch firma Deputy Cl-rk'to the Bear‘d Da e Ha , TAPE #94-01 eorpe Baxter DOCKET #94-10 Constance L. Harbert j LC0002 1.4 A-44 ! //. _dift/iezL/ii7 Barbara J. Kirkmeyer 940002 • ct OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE(303)356-4000, EXT. 4200 ' FAX(303)3520242 P.O. BOX 758 C. GREELEY, COLORADO 80632 COLORADO PLEASE POST NEAR EXISTING LICENSE January 5, 1994 TO WHOM IT MAY CONCERN: On the 5th day of January, 1994, the Board of County Commissioners of Weld County, Colorado, did approve the renewal request of Florinda Pesina and Lupe Pesina, dba Pesina' s Cafe, for a 3.2% Beer License. The previous license will expire on January 11, 1994; therefore, the Board did formally waive the 45-day time limit, said waiver being effective as of January 5, 1994. The required documents have been submitted to the State Department of Revenue for its approval. Until notification has been received from the State advising whether this renewal request has been approved or disapproved, the Board hereby authorizes the continued sale of 3.2% beer at this establishment which is located on property described as Lots 15, 16, and 17, Block 7, Gill, Colorado. If there are any questions concerning this matter, please feel free to contact the Clerk to the Board's Office at 356-4000, Extension 4225, between the hours of 8:00 a.m. and 5:00 p.m. , Monday through Friday. Sincerely, niffrIPAIN W. H. Webster, Chairman Board of County Commissioners Weld County, Colorado skm pc: Sheriff's Office Liquor Enforcement Officer DATE: DECEMBER 7, 1993 TO: GREELEY/WELD COMMUNICATIONS CENTER FROM: OFFICE OF WELD COUNTY CLERK TO THE BOARD SUBJECT: LIQUOR LICENSE CHECKS Please run a records check on the following establishment. This information will be used by the Board of County Commissioners in considering renewal of liquor license. Please respond no later than 12/10/93. Thank you. ESTABLISHMENT: Florinda Pesina and Lupe Pesina, dba Pesina's Cafe P.O. Box 23 Gill, Colorado 80624-0023 INCLUSIVE DATES: 01/12/93 through 01/11/94 BY: Shelly K. Miller, deputy Call 356-4000, ext. 4226 WHEN COMPLETED, OR IF QUESTIONS. * * * * No violations on record. _, BY: RCAYF/ — 3 VIOLATIONS: (PLEASE LIST ) BY: 940W'2 NOTICE Pursuant to the Beer Code of the State of Colorado and Weld County Ordinance No. 102, as amended, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the matter are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the relative documents may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DOCKET NO: 94-10 Florinda Pesina and Lupe Pesina dba Pesina's Cafe P.O. Box 23 Gill, Colorado 80624-0023 DATE: January 5, 1994 TIME: 9:00 a.m. LOCATION: Lots 15, 16, and 17, Block 7, Gill, Colorado REQUEST: Hearing to determine whether or not the 3.2% Beer Retail License shall be renewed. ISSUES: 1. Whether or not the applicants can show good cause for non-compliance with the 45-day time requirement for filing renewal applications. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Shelly K. Miller Deputy Clerk to the Board DATED: December 20, 1993 PUBLISHED: December 23, 1993, in the Windsor Beacon 9400''t2 AFFIDAVIT OF PUBLICATION Norte DOCKETNO:9alo . STATE OF COLORADO Pursuant to the Beer ss Code of the State of Florinda Pesina and COUNTY OF WELD Colorado:and Wild Lupe Pesina, -:dba County Ordinance Na. Peavw's Cafe,P.O.Box 102, as amended, a 23 Gill, Colorado I, IOrITH I-L4NSEti, of said County of Weld, being duly public!hearing will be 80834/023 sworn, say that I am publisher of held in the Chambers of the Board of County DATE.January 5,1994. WINDSOR BEACON Commissioners of Weld County.,Colarado.weld TIME:0.00 a.m. County Centennial a weekly newspaper having a general circulation in said Canter,915 loth Street, LOCATION:Lots 15 16 County and State, published in the town of WLNDSOR, First Floor, Greeley, an 17, Block 7, Gilt, Colorado, at the time Colorado in said County and State; and that the notice, of which. specified. Atf persons in the annexed is a true copy, has been published in said any manner interested REQUEST: Hearing to weekly for / successive weeks, that the notice in the matter are determine whether or requested to attend and not the 3.2%Beer Retail was published in the regular and entire issue of every may be heard. License shall be number of the paper during the period and time of rer� publication, and in the newspaper proper and not in a Should the applicant:or supplement, and that the first publication of said notice any interested party ISSUES: 1. Whether or desire the presence of a not the applicants can was in said paper bearing the date of the murt.reporter to make a show good cause for record of the: n°n'°anPliance with the `� 0 �r 45-day "`J ay of 22c-�in,,e�2 , AD., 19 �J3 and proceedings, in addition ' regrenewal the last ublication bearing the date of the to the taped record °r filing renewal. P which will be kept during applications. the hewing,the Clerk b BOARD OF COUNTY day of , A.D., 19 and the Bowd's Office shall COMMISSIONERS that the said WINDSOR BEACON has been published be advised in writing of WELD COUNTY, continuously and uninterruptedly for the period of 5 such action at least five COWBADO days prior to the consecutive weeks, in said County and State, prior to the hearing. The cost of date of first publication of said notice, and the same is a engaging a. BY: Doer D.Wren, reporter shall be coma Weld County.Clerk.to newspaper within the meaning of an Act to regulate by the requesting party. the Bond printing of legal notices aril/advertisements, approved BE IT ALSO KNOWN BY: Shang K. Miller, May 18, 1931, and all prior acts ar as in force. that the relative-. Deputy Clerk to the f%, / ocumentsmay be s //DATED: December 20, HER County Commissioners, located in the Weld t993 c County Centennial. publi In the Subscriibbed'and' sworn to before me this ) 7 day Center,975 10th Street;. Windsor Beaten on. of .1�-CAi.n-rf en 19n Third Floor, Grasley,.. December a`1993 Colorado. �� / 4 is . .7/Ztirn-wt d NOT 'PUBLIC My commission expires 7 2 ) ,//l7 1,-,� 9/1' On22 tOss° VI • CLERK TO THE BOARD \ P.O. BOX 758 GREELEY,COLORADO 80632 (303)356-4000 EXT.4225 C. COLORADO December 6, 1993 Florinda Pesina Lupe Pesina dba Pesina' s Cafe P.O. Box 23 Gill, Colorado 80624-0023 RE: 45-day time requirement waiver for beer license renewal Dear License Holders: This is to advise you that the Board of Weld County Commissioners will hear your request to renew your 3.27 Beer License for Pesina' s Cafe on Monday, December 20, 1993, at 9:00 a.m. Pursuant to Sections 12-46-106(13) and 12-47-106(1) (b) , C.R.S. , you must apply for the renewal of your existing beer license not less than 45 days prior to the date of expiration. The expiration date of your license is January 11, 1994. Since your license renewal was submitted on December 6, 1993, said requirement was not met. On December 20, 1993, the Board will consider good cause for waiver of the 45-day renewal requirement. It is advisable that you attend this meeting to answer any questions the Board may have. The meeting will be held in the Chambers of the Board, Weld County Centennial Center, First Floor, 915 10th Street, Greeley, Colorado, at the above specified time. If you have any questions concerning this matter, please do not hesitate to contact this office. Sincerely, Donald D. Warden, Weld County Clerk to the Board o Yid ,ktive:t Deputy erk to the Board 94OOO2 S: 12E9 I o An1711'- Watu4 -0t Hello