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Home My WebLink About981140.tiffRESOLUTION RE: APPROVE TRANSFER OF OWNERSHIP REQUEST FOR LIQUOR LICENSE FROM DEEANN WILHELM, DBA FORT 21 - EXPIRES JULY 22, 1999 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, DeeAnn Wilhelm, dba Fort 21, presented to the Board of County Commissioners of Weld County, Colorado, an application for a Transfer of Ownership of a Tavern Liquor License for the sale of malt, vinous and spirituous liquors for consumption by the drink on the premises only, said license previously held by DeeAnn and Richard Wilhelm, dba Fort 21, and WHEREAS, pursuant to Weld County Ordinance No. 6, Section II., C., said applicant has paid the required fees to the County of Weld for a Transfer of Ownership 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: 985 East 18th Street, Greeley, Colorado 80631 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 98-11, to said applicant to sell malt, vinous and spirituous liquors for consumption by the drink on the premises only, only at retail at said location and does hereby authorize and direct the issuance of said license by the Chair 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 July 22, 1999, 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. 981140 cc: 50; ,4g LC0034 CHANGE OWNERSHIP OF LIQUOR LICENSE - FORT 21 PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of July, A.D., 1998. ATTEST: Weld County Clerk t BY a Deputy Clerk to t APPR• ED AS TO Cou ty Attorn arbara J. Kirkmeyer BOARD OF COUNTY COMMISSIONERS WEL� COUNTY, COLORADO -d aLle-e-e7 Const ce L. Harbert, Chair *1 /LIZA rae4 W. YVebster, Pro -Taro eorgete. Baxter 981140 LC0034 oh iigb ON c4 Ni 1 THIS LICENSE MUST BE POSTED IN PUBLIC VIEW DR 8402110/92) STATE DEPARTMENT ALCOHOLIC OF COLORADO OF REVENUE Liquor Enforcement Division 1375 Sherman Street Denver: Colorado 80261 WILHELM DEE A FORT 21 985 E 16TH ST GREELEY CO 80631-6135 BEVERAGE LICENSE Account Number Liability Information LICENSE EXPIRES AT MIDNIGHT County City Indust. Type Liability Date 12-43018-0000 03 206 5813 I 072398 JUL 22, 1999 Type Name and Description of License Fee 2010 2190 TAVERN LIQUOR LICENSE - MALT, VINOUS, AND SPIRITUOUS COUNTY 85 PERCENT OAP FEE $ 50.00 $ 425.00 This license is issued provision of Title nontransferable only valid through be addressed to Street; Denver, CO testimony whereof, TOTAL FEEIS) subject to the laws of the State of Colorado and especially 12, Articles 46 or 47, CRS 1973, as amended. and shall be conspicuously posted in the place above described. the expiration date shown above. Questions concerning the Department of Revenue, Liquor Enforcement Division, 80261. I have hereunto set my hand. Cele Mean UL 2 X99$ i1 Executive $ 475.00 under the This license is This license is this license should 1 375 Sherman Oe Dire tor Division Director onio DR 8404 (06/97) Page 1 COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1375 SHERMAN STREET DENVER CO 80261 COLORADO LIQUOR OR 3.2% FERMENTED MALT BEVERAGE RETAIL LICENSE APPLICATION 21 ❑ NEW LICENSE .g TRANSFER OF OWNERSHIP ❑ LICENSE RENEWAL • ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN • APPLICANT MUST CHECK THE APPROPRIATE BOX(ES) • LOCAL LICENSE FEE $ • APPLICANT SHOULD OBTAIN A COPY OF THE COLORADO LIQUOR AND BEER CODE (Call 303-321-4164) DO NOT WRITE IN THIS SPACE 1. Applicant is applying as a ❑ Corporation E Partnership (includes Limited Liability and Husband and Wife Partnerships) igt Individual ❑ Limited Liability Company ❑ Association or Other 2. Name of Applicant(s) If partnership, list partners' names (at least two); if corporation, name of corporation tm r, L I I , c• t 2a.Trade Name of Establishment (DBA) -t •�ti 3. Address of Premises (specify exact location of premises) • L2 State Sales Tax No. le Business Telephone City County State Co ZIP Code L- -�) ZIP Code C, 4. Mailing Address (Number and Street) City or Town State 0 LI 5. If the premises currently have a liquor or beer license, you MUST answer the following questions: Present Trade Name of Establishment (DBA) 7c;; -t tit Present State License No. Present Class of License Present Expiration Date _.JL:.1 ll� 2360 2300 2300 2310 2121 2121 2122 2122 2123 2123 SECTION A APPLICATION FEES ❑ Late Renewal Application Fee $500.00 ❑ Application Fee for New License 650.00 ❑ Application Fee -New License Concurrent Review 750.00 12 Application Fee for Transfer of Ownership 650.00 SECTION B 3.2% BEER LICENSE FEES ❑ Retail 3.2% Beer On Premises - (city) $71.25 ❑ Retail 3.2% Beer On Premises - (county) 92.50 ❑ Retail 3.2% Beer Off Premises - (city) 71.25 ❑ Retail 3.2% Beer Off Premises - (county) 92.50 ❑ Retail 3.2% Beer On/Off Premises - (city) 71.25 ❑ Retail 3.2% Beer On/Off Premises - (county) 92.50 SECTION C RELATED FEES AND PERMITS 2210-100 (999) ❑ Retail Warehouse Storage Permit $75.00 1980-100 (999) ❑ Addition of Optional Premises to existing hotel/restaurant $75.00 x Total Fee 1970-750 (999) ❑ Manager's Registration (hotel & restaurant only) ... $75.00 No Fee ❑ 3.2% Beer On/Off Premises Only Delivery Permit No Fee ❑ Retail Liquor Store Delivery Permit LIAR 1940 1940 1950 1950 1960 1960 1970 1980 2010 2020 2030 2040 1905 1975 SECTION D LINQUOR.:LICENSE FEES, ❑ Retail Liquor Store License (city) $202.50 El Retail Liquor Store License (county) 267.50 ❑ Liquor Licensed Drugstore (city) 202.50 ❑ Liquor Licensed Drugstore (county) 287.50 ❑ Beer & Wine License (city) 326.25 ❑ Beer & Wine License (county) 411.25 ❑ H & R License 0 city ['county475.00 ❑ H & R License w/opt Prem 0 city ❑county 475.00 ❑ Club License ❑ city ['county 283.75 ❑ Tavern License ❑ city Nrcounty 475.00 ❑ Arts License ❑ city ❑ county 283.75 ❑ Racetrack License ❑ city ❑ county 475.00 ❑ Optional Premises License ❑ city 0 county 475.00 ❑ Retail Gaming Tavern Lic ❑city ❑county 475.00 ❑ Brew -Pub License 725.00 ❑ Other DO NOT WRITE IN THIS SPACE - FOR DEPARTMENT OF REVENUE USE ONLY LIABILITY INFORMATION County City Industry Type License Issued Through (Expiration Date) License Account Number Liability Date State -750 (999) City 2180-100 (999) County 2190-100 (999) Managers Reg 1970-750 (999) Cash Fund New License 2300-100 (999) Cash Fund Transfer Wens* 2310.100 (999) TOTAL A I DR 8404 (06/97) Page 2 APPLICATION DOCUMENTS CHECKLIST AND WORKSHEET I Instructions: This check list should be utilized to assist applicants with filing all required documents for licensure. All documents must be properly signed and correspond with the name of the applicant exactly. All documents must be typed or legibly printed. Upon final State approval the license will be mailed to the local licensing authority. ITEMS SUBMITTED, PLEASE CHECK ALL APPROPRIATE BOXES COMPLETED OR DOCUMENTS SUBMITTED I. APPLICANT INFORMATION g A. Applicant/Licensee identified. E B. State sales tax license number listed or applied for at time of application. 3 C. License type or other transaction identified. ® D. Return original & 2 copies to local authority. ❑ E. Additional information may be required by the local licensing authority. II. DIAGRAM OF THE PREMISES ig, A. No larger than 8 1/2" X 11". 2 B. Dimensions included (doesn't have to be to scale). Exterior areas should show control (fences, walls, etc.). • C. Separate diagram for each floor (if multiple levels). ❑ D. Kitchen - identified if Hotel and Restaurant. III. PROOF OF PROPERTY POSSESSION ■ A. Deed in name of the Applicant ONLY (or) E. B. Lease in the name of the Applicant ONLY. Landlord by the Applicant. ■ C. Lease Assignment in the name of the Applicant (ONLY) with proper consent from the and acceptance ❑ D. Other Agreement if not deed or lease. IV. BACKGROUND INFORMATION AND FINANCIAL DOCUMENTS tEl A. Individual History Record(s) (Form DR 8404-I). file r+ B. Fingerprints taken and submitted to local authority. (State authority for master applicants.) Ga C. Purchase agreement, stock transfer agreement, and or authorization to transfer license. III 0. List of all notes and loans. V. CORPORATE APPLICANT INFORMATION (If Applicable) ❑ A. Certificate of Incorporation (and/or) ❑ B. Certificate of Good Standing if incorporated more than 2 years ago. ❑ C. Certificate of Authorization if foreign corporation. "principal ■ 0. List of officers, directors and stockholders of parent corporation (designate 1 person as officer"). VI. PARTNERSHIP APPLICANT INFORMATION (If Applicable) ❑ A. Partnership Agreement (general or limited). Not needed if husband and wife. VII. LIMITED LIABILITY COMPANY APPLICANT INFORMATION (If Applicable) State's Office). • A. Copy of articles of organization (date stamped by Colorado Secretary of ■ B. Copy of operating agreement. • C. Certificate of Authority (if foreign company). VIII. MANAGER REGISTRATION FOR HOTEL AND RESTAURANT LICENSES WHEN INCLUDED WITH THIS APPLICATION ■ A. $75.00 fee. • B. Individual History Record (DR 8404-I). DR 8404 (06/97) Page 3 6. Is the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stock- holders or directors if a corporation) or manager under the age of twenty-one years? Yes No • 54 7. Has the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stockholders or directors if a corporation) or manager ever (in Colorado or any other state); (a) been denied an alcoholic beverage license? (b) had an alcoholic beverage license suspended or revoked? (c) had interest in another entity that had an alcoholic beverage license suspended or revoked? If you answered yes to 7a, b or c, explain in detail on a separate sheet. • 0 • j • Ei 8a. Has a liquor license application (same license class), that was located within 500 feet of the proposed premises, been denied within preceding two years? If "yes," explain in detail. 8b. Has a 3.2 beer license for the premises to be licensed been denied within the preceding one year? If "yes," explain in detail. the D EZI • Q 9. Are the premises to be licensed within 500 feet of any public or private school that meets compulsory education requirements of ❑ DI Colorado law, or the principal campus of any college, university or seminary? 10. Has a liquor or beer license ever been issued to the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stockholders or directors if a corporation)? If yes, identify the name of the business and list any current financial interest in said business including any loans to or from a licensee. F" L, ..,_ I D I 2 ■ 11. a. Attach and Does the Applicant, as listed on line 2 of this application, this license will be issued by virtue of ownership, lease in of have legal possession of the premises for at least 1 year from the date that or other arrangement? Detail) SI ■ ■ Ownership X Lease ■ Other (Explain If leased, list name of landlord and tenant, and date expiration, EXACTLY as they appear on the lease: Landlord it CLtiara t� ' ) r, e l t ti Tenant b 4c A K, Y-. Lion 0 i-, t"'l >vNs_ Expires W ,- J - 9 9 a diagram and outline the area to be licensed (including dimensions) which shows the bars, brewery, walls, partitions, entrances, exits what each room shall be utilized for in this business. This diagram should be no larger than 8 1/2" X 11". (Doesn't have to be to scale) 12. Who, besides the owners listed in this application (including persons, firms, partnerships, corporations, limited liability companies), will loan or give money, inventory, furniture or equipment to or for use in this business; or who will receive money from this business. Attach a separate sheet if necessary. NAME DATE OF BIRTH FEIN OR SSN INTEREST IV0/1,7F_ Attach copies of all notes and security instruments, and any written agreement, or details of any oral agreement, by which any person (including partnerships, corporations, limited liability companies, etc.) will share in the profit or gross proceeds of this establishment, and any agreement relating to the business which is contingent or conditional in any way by volume, profit, sales, giving of advice or consultation. 13. Optional Premises or Hotel and Restaurant Licenses A local ordinance or resolution authorizing optional Number of separate Optional Premises areas requested with Optional Premises premises has been adopted. Yes No O ■ 14. Liquor Licensed Drug Store applicants, answer the following: (a) Does the applicant for a Liquor Licensed Drug Store have a license issued by the Colorado Board of Pharmacy? COPY MUST BE ATTACHED. Yes No • li 15. Club Liquor License applicants answer the following (a) Is the applicant organization operated solely not for pecuniary gain? (b) Is the applicant organization a regularly operated solely for the object of a patriotic (c) How long has the club been incorporated? (Three years required) and attach: for a national, social, fraternal, patriotic, political or athletic purpose chartered branch, lodge or chapter of a national organization which or fraternal organization or society, but not for pecuniary gain? (d) How long has applicant occupied the premises to be licensed as a club? (Three years required) and is ■ ❑ • ■ 16. Brew -Pub License Applicants answer the following: (a) Has the applicant received or applied for a Federal Brewers Notice? (Copy of notice or application must be attached) ■ • 17a. 17b. �. Name of Manager c r\ Y, U\:-..) I. h. r \ rr'. (If this is an application for a Hotel number. Date of Birth ,5 . & Restr. Lic. Yes No and Restaurant License, the manager must also submit an Individual History Record (DR 8404-I). Does this manager act as the manager of, or have a financial interest in, any other liquor licensed establishment in the State of Colorado? If yes, provide name, type of license and account ■ El Yes No ■ F1 18. Tax Distraint Information. Does the applicant or any other person listed on this application and including its partners, officers, directors, stockholders, members (LLC) or managing members (LLC) and any other persons with a 10% or greater financial interest in the applicant currently have an outstanding tax distraint issued to them by the Colorado Department of Revenue? If yes, provide an explanation and include copies of any payment agreements. Yes No DR 8404 (06/97) Page 4 19. If applicant is a corporation, partnership, association or a limited liability company, it is required to list by position all officers and directors, general partners, managing members, all stockholders, partners (including limited partners) and members who have a 10% or greater financial interest in the applicant. All persons listed here or by attachment must submit and attach a DR 8404-1 (Individual History Record) and provide fingerprint cards to their local licensing authority. NAME HOME ADDRESS, CITY & STATE DATE OF BIRTH POSITION % OWNED Additional ❑ ❑ ❑ a Documents to CORPORATION PARTNERSHIP LIMITED LIABILITY COMPANY ASSOCIATION OR OTHER be I ❑ submitted by type of entity Cert. of lncorp. ❑ Cert. of Good Standing Partnership Agreement (General or Limited) ❑ Articles of Organization Attach copy of agreements creating association ■ (if more than 2 yrs. old) ❑ Cert. of Auth. (if a foreign corp.) ❑ Husband and Wife partnership (no written agreement) Cert. of Authority (if foreign company) ❑ Operating Agrmt. or relationship between the parties Registered Agent (if applicable) Address for Service • OATH OF APPLICANT 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. I also acknowledge that if is my responsibility and the responsibility of my agents and employees to comply with the provisions of the Colorado Liquor or Beer Code which affect my license. . Authorized Si nature tidy._ .1 .,r` t_, LOkilly. Title G u -v -is r1 Date 1- 5 .� REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (CITY/COUNTY) 1 Date application filed with local authority 06/01/98 Date of local authority hearing (for new license applicants; cannot be less than 30 days from date of application 12-47-311 (1)) C.R.S. 07/01/98 Each person required to file DR 8404-I: Yes a. Has been fingerprinted b. Background investigation and NCIC and CCIC check for outstanding warrants conducted c. The liquor licensed premises is ready for occupancy and has been inspected by the Local Licensing Authority. If "no", the building will be completed and ready for inspection by r E DI No • ■ ■ (date) The foregoing application has been examined; and the premises, business to be conducted, and character of the applicant are satisfactory. We do report that such license, if granted, will meet the reasonable requirements of the neighborhood and the desires of the adult inhabitants, and will comply with the provisions of Title 12, Article 46 or 47, C.R.S. THEREFORE, THIS APPLICATiON IS APPROVED. Local Licensing Authority for IT Weld o �ti. ! at, - �; �. Telephone Number (970) 356-4000 M la TOWN, CITY COUNTY Signaturl / 1 ;�^ '� e ir Protein, Weld County Board Date !l„� Ii. ', .�._'t. ar ommissioners 07/01/98 .k� Signatu ( ttest) /�1 i , �'� =;'c'r'"� 7 Deputy Clerk r ��,�� lqi>` to the Board07 Date 01 8 If premises are located within a of the board of county commission then such approval should be given b royal should be signed by the mayor and clerk, if in a county, then by the chairman board. If, by ordinance or otherwise, the local licensing authority is some other official, g*liy1 DR 8404-i (02/94) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DNISION 1375 SHERMAN STREET DENVER CO 80261 INDIVIDUAL HISTORY RECORD To be completed by each individual applicant, all general partners of a partnership, all limited partners owning 10% (or more) of a partnership; all officers and directors of a corporation, all stockholders of a corporation owning 10% (or more) of the stock of such corporation; all limited liability company MANAGING members, or other limited liability company members with a 10% (or more) ownership interest in such company and all managers of a Hotel and Restaurant license. NOTICE: This individual history record provides basic information which is necessary for the licensing authorities investigation. ALL questions must be answered in their entirety. EVERY answer you give will be checked for its truthfulness. A deliberate falsehood will jeopardize the application as such falsehood within Itself constitutes evidence regarding the character of the applicant. 1. Name of Business fCoRT , \ Date i G-1- % Social Security Number(s) ) 2. Your Full Name (last, first, middle) VO )1 e 1,Y\ , 1.)cc A rvn 3. Also Known As (maiden name/nickname, etc.) > e e*cm 0. CO ©e ) 1 4- 4. Mailing Address (if different from residence) Home Telephone et10— Cl-t140q 5. Residence Address (street and number, city, state, ZIP) y )-. ( i e 1 e ,01) %O (c:-. ) (=, S e) ) r_ +-.I-1.-t-(.-1,, 6. Date of Birth _ - Place of Birth ( Ccl ( I (.0 7. U.S. Citizen? 'ri. Yes ❑ No If Naturalized, state where When Name of U.S. District Court Naturalization Certificate Number Date of Certificate II an Alien, Give Alien's Registration Card Number Permanent Residence Card Number 8. Height 5 1 ri Weight / 30 Hair Color 3 ,H IV Eye Color Cl., i .fQ Sex Race 9. Do You Have a current Driver's License? If yes, give number, & state Yes n No 10. Name of Present Employer FOR i c.)1 11. Type of Business or Employment (G.Verrt 12. Address of Business Where Employed (street number, city, state, ZIP) 9S'.7.)— 1&+k rtre-e'ArGrcc:1(7`),0.0 S 0(4,3) Business Telephone cf9o-;-3s cg. -`1GiO 13. Present Position O L ) t'F 14. Marital Status O t C:Yc r )' reitn S__r ez)R i cr _t, . Name of Spouse (include maiden name if applicable) 10-, a 3" Le .1,,C t ti h l w'._ 16. Spouse's Date of Birth Spouse's Place of Birth 't C..�:Q i- t o< Y\cJ , U-' ' C'l�r, t r1 C. -„S 17. Spouse's residence address, if different than yours (street and number, city, state. ZI13) 3)'t LJ Q 2 c t s.c O e .e. .i 0, t1". tD '-11-e. , 18. Spouse's Present Employer C`-)L.lr1C' fY1 L“.-•X.rC.-PrCdu.Ci TOccupation 'r'YYle Y' 19. Address of Spouse Present Employer L. Lk eY it__ i(-`i� 20. List the name(s) of all relatives working in or having a financial interest in the liquor industry. NAME OF RELATIVE RELATIONSHIP TO YOU POSITION HELD NAME OF EMPLOYER LOCATION OF EMPLOYER 21. Do you now, or have you Licensee? If yes, answer Yes I I ever held a State of Colorado Liquor or Beer License, or loaned money, furniture, fixtures, equipment or inventory, to any Colorado Liquor or Beer in detail No gSi'iO CONTINUED ON REVERSE SIDE DR 8404-i (2/94) Page 2 22. Have you ever been convicted of a crime, or received a suspended sentence, deferred sentence, or forfeited bail for any offense in criminal or military court? (Do not include traffic violations, unless they resulted in suspension or revocation of your driver's license, or you were convicted of driving under the influence of drugs or alcoholic beverages.) If yes, explain in detail. Yes ❑ No 4-1- `3' 1 0-s" `SAS U L�� cZc,� e-1 d ,;,r- c-• 23. Have you ever received a violation notice, suspension or revocation for a liquor law violation, or been denied a liquor or beer license anywhere in the U.S.? If yes, explain in detail. ❑Yes lillNo 24. Military Service (branch) From To Serial Number Type of Discharge 25. List all addresses where you have lived for the past five years. (Attach separate sheet if necessary) STREET AND NUMBER CITY, STATE, ZIP FROM TO 31 3 % (..K3QR SCI e rcc�° 0.0 ?:"-:)C0-.� I 1qc‘C, + `\Ctk Q T 0 ; ! lA- 1-, .1.- (`)trClr 0C.) 'C)( v I 0112 } t:“ 26. List all former employers or businesses engaged in within the last five years. (Attach separate sheet if necessary.) NAME OF EMPLOYER ADDRESS (STREET, NUMBER, CITY, STATE, ZIP) POSITION HELD FROM TO cG ,,-.t Q 1 - .)(3► f.:..\< j? , c e s? U 1,,..3 f q `. E, , 1 St- 1, S n -Q ly }p,:.,t--le r,6ey. mo,:r\ e r 199c ! oi Cj- C ,- i r* 1 ' G \.,V r\ f Y i00 CI '.J-- C ,. 1 �_ + >\ J -1-4_ . r 1..) C' i) l Ck i..'�; t\ e-' Nc— 9/9C- ?f r t we r 27. What is your relationship to the applicant? (sole owner, partner, corporate officer, director, stockholder, member or manager) Cfr Lam- r♦ C R 28. If stockholder, number of shares owned beneficially or of record Percent of outstanding stock owned 29. If partner, state whether i.J General MI Limited Percent of Partnership Owned If Limited Liability Company (percent owned) 30. Total amount you will invest in this business, including notes, loans, cash, services or equipment, and operating capital. (Reg. 46-106.1 and Reg. 47.107.1) Amount $ 31 Identify the sources of all funds you will invest in this business as listed in 30 above. List all bank account numbers and the amount derived from such source. Also identify all persons authorized to or who are part owners of said account. (Attach copies of all your notes or loans used in or for this names, sign on, business.) Amounts Sources - Account Numbers Names on accounts or person sign on this account who can $ $ Oath of Applicant I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete of my knowledge. to the best Authorized Signature Title Date + /, ~Mil 0 WILLIAM L. CROSIER ATTORNEY AT LAW 1010 9TH AVENUE GREELEY, COLORADO 80631 (970) 356-1115 FAX (970) 356-2202 June 24, 1998 Mr. Bruce Barker Weld County Attorney's Office P.O. Box 1948 Greeley, CO 80632 Re: Fort 21 Liquor License-DeeAnn Wilhelm Dear Bruce, Fit JUN 2 4 1998 LTLL) COUNTY J_,) ORNEY'S ORRICE For reference and summary, this matter is an application for transfer of ownership via the full application route that Ms. Wilhelm (and consequently me) thought was scheduled for hearing at 9:00 A. M. Wednesday, June 24, 1998. It was not on the agenda and has been scheduled for July 1, 1998 at 9:00 A.M. Ms. Wilhelm is in process of a divorce from Richard L. Wilhelm and has been the manager of Fort 21 for some time. The initial license was issued to DeeAnn and Richard (as a husband -wife partnership). The Fort 21 business is a marital asset as is the property and improvements which are jointly owned by them. As a part of the divorce process, an Ex Parte Temporary Restraining Order was issued on October 8, 1997 by Judge John J. Althoff requiring Richard L. Wilhelm to "... vacate and stay away from the parties' residence located at 33738 Weld County Road 39, Lucerne, CO, and excluded him from ... the parties' business known as Fort 21... (etc.)." On January 8, 1998, nunc pro tunc, November 17, 1997, Magistrate David Melusky issued Temporary Orders ordering that "The Petitioner (DeeAnn Wilhelm) shall continue to operate the parties' business known as Fort 21 as she has in the past." Pursuant to another Court Order granting Ms. Wilhelm's Verified Motion Regarding Lease Of Fort 21 (filed by her divorce attorney, Mr. Stan Peek), Richard L. Wilhelm was ordered to and did sign a lease on June 1, 1998 which grants Ms. Wilhelm the use and occupancy of the premises from May 15, 1998 to May 15, 1999. Collaterally, I am informed that Richard L. Wilhelm now has three alcohol - related convictions which might jeopardize a liquor license renewal if he were to still be a co -applicant. If you have already been informed of all of the above, I apologize for the repetition. In conclusion, due to the delay caused by the divorce animosities, the license "transfer -renewal" timeliness has been impeded and Ms. Wilhelm requests a Temporary Permit to remain legally open for business as this is her only source of income. On behalf of Ms. Wilhelm, I am requesting the issuance of a Temporary Permit pursuant to C.R.S. 12- 47-303 and respectfully request consideration to waive the temporary permit fee. Very tr ly yours, William L. Attorney at Law WLC/jmb cc: DeeAnn Wilhelm Stan Peek lURe. COLORADO Stanley C. Peek Attorney at Law 822 7th Street, Suite 330 Greeley, CO 80631 Dear Stan: OFFICE OF COUNTY ATTORNEY PHONE (970) 356-4000 EXT.4391 FAX (970) 352-0242 915 TENTH STREET P.O. BOX 1948 GREELEY, CO 80632 May 21, 1998 RE: Fort 21 Tavern Liquor License This letter is in response to our telephone conversation this morning regarding the renewal of the Fort 21 Tavern Liquor License. I have received a copy of a Minute Order from the Weld County Court, dated September 25, 1997, where Mr. Richard Wilhelm pled guilty to a driving while alcohol impaired violation, pursuant to C.R.S., § 42- 4-1301(1)(b). Mr. Wilhelm is part owner of the Fort 21 Tavern. A renewal of that Tavern Liquor License will require application of renewal to be signed by Mr. Wilhelm. Enclosed is a copy of Weld County Ordinance No. I02 -A. As you can see, that Ordinance deals with the establishment of guidelines for the refusal to renew a liquor license. Factor 4 of Ordinance 102-A allows the Board to conduct a public hearing on the renewal of the application if it finds probable cause to believe that the licensee is no longer of good character. Given Mr. Wilhelm's guilty plea as stated above, I plan to recommend that the Board of County Commissioners set the matter for hearing upon any renewal application received for the Fort 21 Tavern Liquor License in order to determine if a guilty plea is of sufficient evidence to refuse the renewal on the basis that Mr. Wilhelm is no longer of good character. If you should have any questions regarding this letter or the enclosed, please feel free to call me at (970) 356-4000, Extension 4390. Biv'ce T. Barker 'rY Weld/County Attorney BTB/db:Let/Fort21 pc: Clerk to the Board .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. 2. Evidence showing excessive noise, rowdiness, or disturbances on a continuous basis in the immediate area of the licensed premise which has been substantially a result of the 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. 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. 93114/0 . 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: Weld County lerk and Recorder and Clerk to the Board Deputy County Clerk BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ene R. rantgo-Tem son, Chairman J C. W. o�.'ca �. y `.� // Frank Ya a%uchi,/ 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 98//4/0 INTER OFFICE MEMO To: Bruce Barker From: ' Stanley C. Peek Subject: Fort 21 liquor application Date: June 3, 1998 Attached is a copy of the minute order you requested. Bill Crosier will be taking care of your remaining concerns. DISTRICT COURT, COUNTY OF WELD, � .,.TE OF COLORADO Case No(s). 9 -D,C /1t 5 Date (7 —A 9p Time Division 5 ❑ Temporary child support shall be paid by 0 Petitioner D Respondent in the amount of $ by wage assignment to be activated immediately if the Obligor fails to pay any payment when it is due. ❑ Child support may be paid in equal monthly installments due on or before the days of each month. 0 Child supporumaintenance shall be paid through the Registry of the Court, with the $30 set up fee to be paid with the first payment, and to be charged an administrative fee of $2 per payment. Payments shall be forwarded to: ❑ Health insurance coverage to be provided for the child(ren) by 0 Petitioner 0 Respondent 0 both parties. • ❑ Out of pocket medical expenses, including deductibles, to be divided % to Petitioner and % to Respondent. ❑ Extraordinary medical expenses not covered by insurance shall be divided % to Petitioner and % to Respondent. ❑ Temporary maintenance shall be paid by the 0 Petitioner 0 Respondent in the amount of 0 $ per month 0 $ in gross, commencing/payable by and continuing for 0 months 0 years 0 ❑ The Court finds arrearages in 0 child support 0 maintenance in the amount of 3 for the period from to . Said arrears are 0 hereby reduced to judgment 0 payable as follows: In Re the Marnage of: � OC/ eG C L �/%J n nom' ac�Cs ../ Petitioner and ,�j/��, litj U/ _�ziy7L_ 1 Respondent 0 Co -Petitioner. DOMESTIC RELATIONS MINUTE ORDER: TEMPORARY ORDERS Magistrate Melusky 0 Judge Cleric 0 DeMello 0 Iverson Interpreter 0 ! / Tape 1438R 73 ( J b • )( ) 'Ptitioner Respondent/Co-Petitioner 0 by phone 0 by phone 0 Asst. Cty. Atty. Cant to Tape *98R ( ) 0 In Chambers Cause comes on for: 0 Temporary Orders Hearing 0 Modification of Temporary 0 Further Temporary Orders Orders 0 y Contempt �ear�7ppq' ,,�{�J )L OtherLGULG/L n�R T/�J loner's attorney -' —'4 /rG ❑ Res ndent's attorney 1/S Kin-- ❑ GAL 0 Hausa 0 Lindquist 0 Olson 0 Sexton 0 ❑ Special Respondent(s) ❑ Other appearances c. Cdst_, 6X xYzoleG PROCEEDINGS AND ORDER OF THE COURT: ❑ Petitioner's Financial Affidavit offered and received. 0 Respondent's Financial Affidavit offered and received. D Petitioner's Exhibits D 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5 ❑ 6 ❑ 7 ❑ 8 ❑ 9 ❑ 10 D 11 ❑ 12 0 are offered and received. ❑Respondent's Exhibits ❑ A D B D C ODE E❑ F❑ G OH 01 D J OK D L❑ are offered and received. D Petitioner's support worksheet OA ❑ B filed. 0 Respondent's support worksheet 0 A 0 B filed. 0 Court's support worksheet D A 0 B filed. 0 Petitioner's Motion is ❑ GRANTED 0 DENIED. ❑ Respondent's/Co-Petitioner's Motion is 0 GRANTED 0 DENIED. ❑ Sworn and testify(ies): ❑ Parties' temporary ❑ separation agreement 0 stipulation is approved by the Court. ❑ Temporary custody of the minor child(ren) is awarded as follows: ❑ Petitioner and Respondent shall have temporary joint custody, and 0 Petitioner 0 Respondent is designated the primary residential custodian of the child(ren). ❑ Petitioner 0 Respondent is awarded temporary sole custody of the child(ren). 0 Petitioner is awarded temporary physical custody of the child(ren) 0 Respondent is awarded temporary physical custody of the child(ren) ❑ Reasonable parenting time is granted to the 0 Petitioner 0 Respondent, to include: 0 As agreed by the parties. ❑ Every other weekend, commencing from at .m. to at ❑ evening(s) each week, on from .m. to ❑ During the summer 0 Holiday visitation 0 Other ❑ Neither party shall make disparaging remarks or act in a disparaging way toward the other party in the presence of the child(ren), nor shall either party knowingly allow anyone else to engage in such conduct in the presence of the minor child(ren). ❑ Neither party shall be under the influence of alcohol or drugs in the presence of the child(ren), nor allow any others to do so. per month, commencing 0 Temporary attorney's fees in the amount of $ are hereby awarded to the 0 Petitioner 0 Respondent, to be paid as follows: • Next date entry byC?" ICON data entry `j,�see reverse side of Minute Order OFFICE OF COUNTY ATTORNEY PHONE (970) 356-4000 EXT.4391 FAX (970) 352-0242 915 TENTH STREET P.O. BOX 1948 GREELEY, CO 80632 COLORADO Stanley C. Peek, Esq. 822 7th Street, #330 Greeley, Colorado 80631 FAX: (970) 353-9597 Dear Stan: June 3, 1998 Re: Dee Ann Wilhelm -- Fort 21 Enclosed are copies of the following documents submitted by Dee Ann Wilhelm for the Fort 21 Tavern: 1. Change of Ownership Retail License Application. 2. Plat of the Tavern, including dimensions. 3. Fees for her Application. 4. Commercial Lease signed by Mr. Wilhelm. 5. Ms. Wilhelm's Individual History Record. Item 12. of the Application requires the Applicant to state the names, DOB's, SSN's, and interests of those persons who will loan or give money to the Applicant for the licensed premises. Items 27., 30., and 31. of the Individual History Record also require ownership and investment information. All of these Items need to be completed by Ms. Wilhelm. The concern I have is that Ms. Wilhelm is applying for a Change of Ownership, but the change apparently will not take place until a property settlement is worked out in their divorce action. Until that time Mr. Wilhelm still has an ownership interest in the business and that must be disclosed. I think that in addition to the completion of these Items by Ms. Wilhelm, a letter from you explaining the current ownership arrangement will be necessary. Please include with the letter a copy of the Minute Order in which the Court ordered Mr. Wilhelm to sign the Commercial Lease. If you should have any questions regarding this letter, please feel free to call me at (970) 356-4000, ext. 4390. Since $fuce T. Weld County [{ttomey ,lpc. Clerk to the Board 06/02/98 16:16 FAX 970 353 5722 RUSS ANSON COMMERCIAL LEASE IO2 Exhibit B This lease is made between Richard Lee Wilhelm, herein called Lessor, and Dee Ann Wilhelm, herein called Lessee. Lessee hereby offers to lease from Lessor the premises situated in the City of Greeley, of Weld, State of Colorado. described as 975 BC 985 East 18th Street, The Fort 21, upon the following TERMS and CONDITIONS: 1. Term and Rent. Lessor demises the above premises for a term of not less than one year, commencing May 15, 1998 and terminating on May 15,1999 or sooner as provided herein at the annual rent of 512 00 payable in advance. 2, Use. Lessee shall use and occupy the premises for continuity of the business Fort 21. The premises shall be used for no other purpose Lector represents that the ;itemises may — lcr.4iuiIy be u•-' for tueh outpost. 3. Care and Maintenance of Premises. Lessee acknowledges that the premises arc in good order and repair, unless otherwise indicated herein. Lessee shall maintain the premises in good and safe condition, normal wear and tear excepted. Lessee shall be responsible for normal repairs required. 4. Ordinances and Statutes. Lessee shall comply with all statutes, ordinances and requirements of all municipal, state and federal authorities now in force, or which may hereafter be in force, pertaining to the premises, occasioned by or affecting the use thereof bylrcw 5. Assignment and Subletting. Lessee shall not assign this lease or sublet any portion of the premises without prior written consent of the Lessor, which shall not be unreasonably withheld. Any such assignment or subletting without consent shall be void and, at the option of the Lessor. may terminate this lease. 6. Utilities, All applications and or connections for necessary utility services on the demised premises shall be made in the name of Lessee only. and Lessee shall be solely liable for normal utility charges as they become due, including those for sewer, water, gas, electricity. and telephone services. 7. Entry and Inspection. Lessee shall permit Kenneth Wilhelm to enter upon the premises at reasonable times and upon reasponable notice, for the purpose of inspecting the same. B. Indemnification of Lessor. Lessor shall not be liable for any damage or injury to Lessee, or any other person, or to any property, occuring on the demised premises or any part thereof, and Lessee agrees to hold Lessor harmless from any claim for damages. 9. Insurance Lessee, at the business expense, shall maintain all current insurance policies necessary for the purpose of maintaining and running the business insuring Lessee and Lessor with minimum coverage as follows: Lessee shall provide Lessor with a Certificate of Insurance showing Lessor as additional insured.To the maximum extent permitted by business related.insurance -- . •— • policies which may be owned by Lessor or Lessee, Lessee and Lessor, for the benefit of each other, waive any and all rights of subrogation which might otherwise exist. 10 Eminent Domain. If the premises or any part thereof or any estate therein, or any part of the building materially affecting Lessee's use of the premise, shall be taken by 9//4!0 06/02/98 16:16 FAX 970 353 5722 RUSS ANSON ll 03 eminent domain, this lease shall terminate on the date when title vests pursuant to such taking. 11. Tax Increase. In the event there is any increase during any year of the term of this lease in the City, County or State real estate taxes over and above the amount of such taxes assessed for the tax year during which the term of this lease commences, whether henwce of increased rate or valuation, Lessee shall pay real estate tax bills. In the event that such taxes are asessed for a tax year extending beyond the term of the lease, the obligation of Lessee shall be proportionate to the portion of the lease term included in such year. 12. Notices. Any notice which either party may, or is required to give, shall be given by mailing the same, postage prepaid. to Lessee at the premises, or Lessor at the address first written, or at such other places as may be designated by the parties from time to time, 13. Heirs, Assigns, Successors. This lease is binding upon and inures to the benefit of the heirs, assigns and successors in interest to the parties. le. Option to Renew. Provided that Lessee is not in default in the performance of this lease, Lessee shall have the option to renew the lease for an additional term of not less than one year commencing on the expiration of the initial lease term. All of the terms and conditions of the lease shall apply during the renewal term. The option shall be exercised by written notice given to Lessor not less than 45 days prior to the expiration of the initial lease term. If notice is not given in the manner provided herein within the time specified, this option shall expire. 15, Subordination. This lease is and shall be subordinated to all existing and future liens and encumbrances against the property. 16. Lessee assumes responsibility for and shall continue to operate the business known as The Fort 21 as she has in the past. The Lessee shall be responsible for payment of the first mortgage for the business and shall pay same in timely manner. The second mortgage shall be paid as it has been in the past whereby the monthly payments are credited by Kenneth Wilhelm for wages due to the Lessor 17. Entire Agreement. The foregoing constitutes the entire agreement between the parties and may be modified only be a writing signed by both parties. (!gyp yZ-t 2A - 0 -Le nu ,, " .�.,,ZGr. nArt..,_ i er Date Date Ja4IK' ,44121 -14a5 DEE ANN WILHELM OBA FORT 21 985 E. 18TH ST. 352-9910 GREELEY, CO 80631 82-627/1070 0121582 PAYTOTHE 0_06 -rack) ,� is Q l ` OO ORDER OF UJ ll,J ' C. ck) I� ��iL�l v. J W / / a V L_.11 a - OLLARS e. ST CH • 2164 36TH AVE., • GREELEY; CO 80631 MEMO 618 U.S.G.P.O. 1989-230-555 S Form 3800, June 1985 w; heart, P 387 472 105 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to Street and N P.O.. State e Postage Certified Fee Special Delo Restricted D Return Rece to whom ant Return Rea Date, and A TOTAL Pose Postmark or =v-rc� =_Za,pr _ A D m m v 0>00 Z m v V'3-y-Irrn- 'mz3z v —I rA m Om ZC m z C m Is 466E 3egweoea `L Leg uuOJ Sd 3 :01 pesswppy epgiy "e Thank you for using Return Receipt Sarvics. swampy s,eesselppy ❑ ' L B O a� J. mCa g am m 9yi y'c C I 4J 0 M V —J 0 0 v E C- d t1 J oi 2 u - n_ 1 0 0 (^O 0 0 J 0 C if , Cc) 961135 P 387 472 107 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) U. S. G. V.O. 1989-234-555 PS Form 3800, June 1985 DEEANN WILHELM dba FORT 21 985 EAST 18TH STREET GREELEY CO 80631 IIIIIIIIIIEIIIIItIIIIIIIIIIIII I Gelded 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 TDTAI Postage and Fees S Postmark or Date 0 I ° Is your RETURN ADDRESS completed on the reverse aids? N Or N co• I 04 6 ldleoe8 wmey Oi En I 2 5. ❑❑❑# ; liRiTt W JjUij qOs - if 8 i plump r7 ! S rR a2. ₹ g s�. s •1 R ;≥t to alb it d Thank you for using Return Receipt Sarvl. S'ir go Hello