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HomeMy WebLinkAbout982519.tiffRESOLUTION RE: APPROVAL OF RENEWAL REQUEST FOR 3.2% BEER RETAIL LICENSE ISSUED TO FLORINDA PESINA AND LUPE PESINA, DBA PESINA'S CAFE - EXPIRES JANUARY 11, 2000 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, Florinda Pesina and Lupe Pesina, dba Pesina's Cafe, presented to the Board of County Commissioners of Weld County, Colorado, an application for the renewal of a County Retail License for the sale of fermented malt beverages, containing not more than 3.2% of alcohol by weight, for consumption by the drink on the premises only and/or in sealed containers not for consumption at the place where sold, and WHEREAS, pursuant to Weld County Ordinance No. 6, Section II., C., said applicant has paid the sum of $57.50 to the County of Weld for the renewal of the existing license, and WHEREAS, said applicant has exhibited a State License for the sale of 3.2% fermented malt beverages for consumption by the drink on the premises only, and/or in sealed containers not for consumption at the place where sold, outside the corporate limits of any town or city in the County of Weld at the location described as follows: Lots 15, 16, and 17, Block 7, Gill, Colorado 80624 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 99-01, to said applicant to sell 3.2% fermented malt beverages for consumption by the drink on the premises only, and/or in sealed containers not for consumption at the place where sold, only at retail at said location; and the Board 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 providing that said place where the licensee is authorized to sell 3.2% fermented malt beverages for consumption by the drink on the premises only, and/or in sealed containers not for consumption at the 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. 982519 LC0002 RENEW 3.2% BEER LICENSE - PESINA'S CAFE PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of December, A.D., 1998. ATTEST: Weld County Clerk to the 1 BY: Deputy Clerk to the Boa ED A ra FORM: torney BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO c_// Constance L. Harbert, Chair /v/J Baxter a g W. H. ebster, Pro -Teri Afr George . EXCUSED Date K. Hall —Barbara J. Kirkmeyer 982519 LC0002 THIS LICENSE MUST BE POSTED IN PUBLIC VIEW DR 8402110/921 STATE OF COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division 1375 Sherman Street Denver, Colorado 80261 PESINA FLORINDA PESINA LUPE PESINAS CAFE LTS 15 16 17 HK '1 GILL CO 80624 ALCOHOLIC BEVERAGE LICENSE Account Number Liability Information AT MIDNIGHT LICENSE EXPIRES County City Indust. Type Liability Date 14-26992-0001 03 206 5813 P 011287 JAN 11, 2000 I Type Name and Description of License Fee 2123 2190 3.2 PERCENT BEER RETAIL LICENSE (ON/OFF PREMISES) COUNTY 85 PERCENT OAP FEE $ 50.00 $ 42.50 TOTALFeEiSI $ yL. DU This license is issued subject to the laws of the State of Colorado and especially under the provision of Title 12, Articles 46 or 47, CRS 1973. as amended. This license is nontransferable and shall be conspicuously posted in the place above described. This license is only valid through the expiration date shown above. Questions concerning this license should be addressed to the Department of Revenue, Liquor Enforcement Division. 1375 Sherman Street, Denver, CO 80261. testimony whereof, I have hereunto set my han(t JAN 0 6 1999 1"14 L'! Division Director 7 Executive Director 99)99 wrl. ft , w'l N co 21 DR 8404 (06/97) Page 1 CCLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1375 SHERMAN STREET DENVER CO 80261 COLORADO LIQUOR OR 3.2% FERMENTED MALT BEVERAGE RETAIL LICENSE APPLICATION ❑ NEW LICENSE O TRANSFER OF OWNERSHIP m 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 UQUOR AND BEER CODE(CaII 303-321.4164) 1. Applicant is applying as a ❑ Corporation ❑ Partnership (includes Limited Liability and Husband and Wife Partnerships) 2. name of Applicant(s) If pa ership, list partn s' names (at Imst two); if corporation, name of corporation 2a.Trade Na of Establishment (DBA) Na f ri.A `.s etfe., 3. Addre of Premises (specify exact location of premises) to.-/- s /3-2 / 4 (7 ,'4C 7 City 6'('L( County tV Vd City or Town DO NOT WRITE IN THIS SPACE ndividual Limited Liability Company Association or Other ``Sta�r Sales Tax No. Business Telephone f IC 7`'� b 9e241 "V or / .3$' ' 7S// 4. Maili ddr ss (Number and Street) •rLo 23 5. if the premises currently have a liquor or beer license, you MUST answer the following questions: Present Trade Name of Establishment (DBA) 2360 2300 2300 2310 2121 2121 2122 2122 2123 2123 State Stae ZIP Code P-tc2 9 ZIP Code 104 2v Present State License No. Present Class of License Present Expiration Date I /q -c24 915;7.QdQ /f.3 /1 .91 - 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 ❑ Application Fee for Transfer of Ownership SECTION E 3.2% SEER LICENSE FEES 650.00 ❑ 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 ill/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 County State -750 (999) City LIAB 1940 1940 1950 1950 1960 1960 1970 1980 2010 2020 2030 2040 1905 1975 SECTION 0 L LICENSE FEES O Retail Liquor Store License (city) ❑ Retail Liquor Store License (county) El Liquor Licensed Drugstore (city) ❑ Liquor Licensed Drugstore (county) ❑ Beer & Wine License (city) ❑ Beer & Wine License (county) ❑ H & R License ❑ city ❑ county ❑ H & R License w/opt Prem ❑ city ❑ county ❑ Club License ❑ city ['county ❑ Tavern License ❑ city ❑ county ❑ Arts License ❑ city El county ❑ Racetrack License ['city ❑ county ❑ Optional Premises License ❑ city ❑ county ❑ Retail Gaming Tavern Lic ❑city ❑county ❑ Brew -Pub License ❑ Other DO NOT WRITE IN THIS SPACE - FOR DEPARTMENT OF REVENUE USE ONLY City 2180-100 (999) Industry Type LIABILITY INFORMATION License Issued Through (Expiration Date) County 2190-100 (999) Managers Reg 1970-750 (999) License Account Number Cash Fund New License 2300-100 (999) Cash Fund Transfer license 2310-100 (999) $202.50 287.50 202.50 287.50 326.25 411.25 475.00 475.00 283.75 475.00 283.75 475.00 475.00 475.00 725.00 Liability Date 9Y)157`) DR 8404 (06107) Page 2 APPLICATION DOCUMENTS CHECKLIST AND WORKSHEET 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 ❑ A. Applicant/Licensee identified. ❑ B. State sales tax license number listed or applied for at time of application. ❑ 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 ❑ A. No larger than 8 1/2" X 11". ❑ 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) ❑ B. Lease in the name of the Applicant ONLY. ❑ C. Lease Assignment in the name of the Applicant (ONLY) with proper consent from the Landlord and acceptance by the Applicant. ❑ D. Other Agreement if not deed or lease. IV. BACKGROUND INFORMATION AND FINANCIAL DOCUMENTS ❑ A. Individual History Record(s) (Form DR 8404-I). ❑ B. Fingerprints taken and submitted to local authority. (State authority for master file applicants.) ❑ C. Purchase agreement, stock transfer agreement, and or authorization to transfer license. ❑ D. 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. ❑ D. List of officers, directors and stockholders of parent corporation (designate 1 person as "principal 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) ❑ A. Copy of articles of organization (date stamped by Colorado Secretary of State's Office). ❑ 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). r‘2.3" -/c) DR 8404 (06/97) Page 3 6. is tite applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stock- Yes No holders or directors if a corporation) or manager under the age of twenty-one years? 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 it 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. 8a. Has a liquor license application (same license class), that was located within 500 feet of the proposed premises, been denied within the preceding two years? 1f "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. 9. Are the premises to be licensed within 500 feet of any public or private school that meets compulsory education requirements of 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. 11. Does the Applicant, as listed on line 2 of this application, have legal possession of the premises for at least 1 year from the date that thip license will be issued by virtue of ownerShip, lease or other arrangement? Ownership ❑ Lease ❑ Other (Explain in Detail) a. If leased, list name of landlord and tenant, and date of expiration, EXACTLY as they appear on the lease: Expires Tenant o o� zvb Landlord Attach a diagram and outline the area to be licensed (including dimensions) which shows the bars, brewery, walls, partitions, entrances, exits and 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 will loan or give money owners 'furniture s, partnerships, inventory, (including persons, or equipmentto or for use f in this business; or who will Iliability receive moneyf rom this business. Attach a separate sheet if necessary. NAME DATE OF BIRTH FEIN OR SSN INTEREST 1 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 with Optional Premises A local ordinance or resolution authorizing optional premises has been adopted. Number of separate Optional Premises areas requested Yes No 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 15. Club Liquor License applicants answer the following and attach: (a) 1s the applicant organization operated solely for a national, social, fraternal, patriotic, political or athletic purpose and not for pecuniary gain? (b) Is the applicant organization a regularly chartered branch, lodge or chapter of a national organization which is operated solely for the object of a patriotic or fraternal organization or society, but not for pecuniary gain? (c) How long has the club been incorporated? (d) How long has applicant occupied the premises (Three years required) to be licensed as a club? (Three years required) _ 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. Name of Manager (If this is an application for a Hotel and Restaurant License, the manager must also submit an Individual History Record (DR 8404-I). 17b. 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 number. 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. Date of Birth ❑ Imo' ❑ ❑ ❑ O/ Hotel & Restr. Lic. Yes No Yes No Ell El 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 In ❑ ❑ ❑ Documents to be submitted by type CORPORATION ❑ Cert. of Incorp. PARTNERSHIP ❑ Partnership Agreement LIMITED LIABILITY COMPANY ❑ Articles ASSOCIATION OR OTHER Attach copy of U agreements of entity Cert. of Good Standing (General or Limited) of Organization creating association El (if more than 2 yrs. old) ❑ Cert. of Auth. ❑ Husband and Wife partnership (no Cert. of Authority (if foreign company) or relationship between the parties written Ill (if a foreign corp.) agreement) Operating Agrmt. 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. 1 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. Authorize ignature IN �� L �.-�--te . Title ( «1 i'j Pr- Date 47P- I r- �� REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (CITY/COUNTY) ) Date application filed with local authority 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. 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 ❑ ❑ I No ■ • I (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 - _` C Weld County. §r04 �� Telephone Number (970)356-4000 ❑ TOWN, CITY ra COUNTY Signature,- ,% f (� 1 _,L). -r,, y{ pj} 'm, Weld County Board :,. o Gd ` n,�.s Date 12[30/98 Signatur ( tfest i -' , / ( / Jj9Ai, / ,z/Zri o_a4 y ` Title • v' � '' � ,. `=1-Pevuty Jerk to the Board Date 12/30/98 If premises are located within a town or city✓ the-above_a0-0,eva.1,0041 be signed by the mayor and clerk, if in a county, then by the chairman of the board of county commissioners and the.Gte(IS,ta';rdinance or otherwise, the local licensing authority is some other official, then such approval should be given by such offic't t'•,,,": 9g,27.575 i LIQUOR/BEER RENEWAL REVIEW FORM Date: December 22, 1998 TO: Deputy Carleton FROM: Kim Fliethman SUBJECT: Liquor License Check In accordance with the new procedure for Liquor and/or beer license checks, please review all records on the following establishment for any associated reports during the last year and return your report to the Weld County Clerk to the Board's Office within two weeks. Your report will be used by the Board of County Commissioners in considering renewal of the liquor and/or beer license. PLEASE RESPOND NO LATER THAN: The State sent out the renewal; however, Mr. and Mrs. Pesina never received itar dhave filed a new application form. We need a repbrtirom.your office by, the earliest possible date so the renewal application can be sent to ttiekstate=before it expires. Thanks! ESTABLISHMENT: Lupe and Florinda Pesina, dba Pesina's Cafe Lots 15, 16, 17, Block 7 P.O. Box 23 Gill, CO 80624 Current license expires: January 11, 1999 **************************************************************************************************** No concerns Deputy's Initials The Sheriffs Office had a concern and the deputy has mutually worked with the licensee to correct the concern. (Complete Attached Worksheet) Unresolved concerns exist requiring a Probable Cause Hearing scheduled by the Board of County Commissioners. (Complete Attached Worksheet) **************************************************************************************************** Please notify at Extension Board of Commissioner's renewal hearing. of the date and time of the 9 579 • t'v COLORADO MEMORANDUM To: Esther Gesick, Deputy Clerk to the Board December 21, 1998 From: Sharyn Frazer, ACEO, Code Compliance Officer, Dept. of Planning S Subject: Liquor License Renewal, LC0002 Review of the following liquor license renewals by the Department of Planning Services shows the following: Florinda and Lupe Pesina , LC0002 dba Pesina's Cafe Lots 15, 16, 17, Block 7 P.O. Box 23 Gill, CO 80624 Zone District: Agricultural BOA -326, For extension of NCU allows for use of restaurant No violations are occurring at this time SERVICE, TEAMWORK, INTUGRIIY, QUALITY 95E)67`7. •solAwg ldpw%y wasy Bunn Jo; noA 11wµ). U. S.G.P.O. 1989-234-555 S Form 3800, June 1985 P 387 472 128 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to Street and No. P 0 State and Postage Certified Fee =0sEO =_ z c -C>mz0 O>0m -N�mv - Special Delivery - W my mm� Z 0-I • 0 corn O A z m z C m Restricted DelivE Return Receipt to whom and Da Return Receipt Date. and Addrs TOTAL Postage Postmark or Dal I9s wflr ¢:! Zia C^ tt L tic - z 13c 3. Article Addressed to: moms suuuJ ap UO pa I Ert. $ E colin 4 ❑ ❑ ❑ w z w uj >z w 0 0 W In ill O > F- 0 W z w LL: • W W rC •i ▪ 2 w co S wF-Nl. w m z ODC�- • 94o O zO= W • = W O ▪ " Dz O OM_w moA• O ,p=AHifI�9 I 0 0 m 0 r Domestic Return Receipt 5. Received By: (Print Name 102595-97-B-0179 PS Form 3811, December 1994 61 LUPE OR MARGARET'PESINA P O-. BOX. 23 GILL, CO 80624 82-191/1010 100545066 DATE /c.,)_ ! & 9s 1107 PAYTORDEO0F iiI!'ss ala ev / Lw,'-cs I.. $ L'eLy l4Va C DOLLARS Community lust Tutiotai BM Gr isle, r. a+m Pww41110WTOth 51 „PO em emu R+""77 a nPr cwrin 80 (021010 MEMO. 1: 95) 376 4 a P 387 472 132 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) FLORINDA AND LUPE PESINA dba PESINA'S CAFE PO BOX 23 GILL CO 80624 _ 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 Dale �r �, ji 6t/59 Is your RETURN ADDRESS completed on the reverse side? y• a xro 6t 1.0-0-16-96 Domestic Return Receipt ti m co N Juud) :A9 P8 F O g r cc O r O n XQ,z ONZO WDD co �Z N D a mr m•-0 m v m Tn Z D ya a 0 m m 4 D m a ' 73 73 U-) Iat R3 E$ opt 2gi a 0 Sg m am a m a m j N r n=a c7) po °°gm's. O m m mm m m e J m Z Thank you for using Return Receipt Service. Hello