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Home My WebLink About951338.tiffRESOLUTION RE: ACTION OF BOARD CONCERNING REQUEST OF JUNE FAUDOA, DBA LAGARRA BAR, FOR A TAVERN LIQUOR LICENSE 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, June Faudoa, dba LaGarra Bar, 435 Wall Street, Eaton, Colorado 80615, presented to the Board of County Commissioners of Weld County, Colorado, an application for a Tavern Liquor License for the sale of malt, vinous and spirituous liquors for consumption by the drink on the premises only, and WHEREAS, pursuant to Weld County Ordinance No. 6, Section II, C, said applicant has paid the proper fees to the County of Weld for the issuance of said license, and WHEREAS, on June 7, 1995, a hearing was held before the Board of County Commissioners, at which time said matter was continued to June 28, 1995, and WHEREAS, at said hearing on June 28, 1995, the Board of County Commissioners, having heard all of the testimony and statements of those present, studying the request of the applicant, the character of the applicant, and the needs and desires of the adult residents of the neighborhood, deemed it advisable to deny said request. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners that the request for a Tavern Liquor License submitted by June Faudoa, dba LaGarra Bar, be, and hereby is, denied for the following reasons: 1. The Board of County Commissioners believes the need for this establishment does not exist in the neighborhood due to the close proximity of other liquor licensed establishments serving liquor by the drink. 2. It is the opinion of the Board that the applicant did not adequately establish that the proposed tavern is desired by the inhabitants of the neighborhood. 3. It is the opinion of the Board the character references given for the applicant address her abilities in running a restaurant, not a tavern. 951338 LC0001 ea (NJSO J F u /oc ; fr/ /, tyre: s zd&l— ACTION OF BOARD RE: TAVERN LIQUOR LICENSE - JUNE FAUDOA, DBA LAGARRA BAR PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of June, A.D., 1995. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CO O ;�,+O Clerk to the Board Deputy CI to the Board AP at -Y ED AS TO FO CrrLy . Da j K. Hall, Chairman j ,/ / 1/J1c Li/t- ar J. Kirkmeyer,/Pry-Tem d eorge E. Baxter onstance L. Harber W. H. Webster 951338 LC0001 HEARING CERTIFICATION DOCKET NO. 95-39A RE: APPLICATION FOR TAVERN LIQUOR LICENSE - JUNE M. FAUDOA, DBA LAGARRA BAR A public hearing was conducted on June 26, 1995, at 9:00 a.m., with the following present: Commissioner Dale K. Hall, Chairman Commissioner Barbara J. Kirkmeyer, Pro -Tern Commissioner George E. Baxter Commissioner Constance L. Harbert Commissioner W. H. Webster 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 May 17, 1995, and duly published May 25, 1995, in the Windsor Beacon, a public hearing was conducted on June 7, 1995, to consider the request of June M. Faudoa, dba LaGarra Bar, for a Tavern Liquor License. At said hearing on June 7, 1995, the matter was continued to June 26, 1995; and pursuant to a notice dated June 7, 1995, and duly published June 15, 1995, a public hearing was conducted on June 26, 1995, to consider the request of June M. Faudoa, dba LaGarra Bar for a Tavern Liquor License, to consider the request of June M. Faudoa for a Dance Hall license, and to consider whether the LaGarra Bar is a Non -Conforming Use pursuant to Sections 73 and/or 75 of the Weld County Zoning Ordinance. At said hearing, Bruce Barker, County Attorney, made this a matter of record and clarified there are three matters to be considered: 1) Whether the LaGarra Bar is a Non -conforming Use pursuant to Sections 73 and/or 75 of the Weld County Zoning Ordinance; 2) Whether to grant a Tavern Liquor License for consumption by the drink on the premises only; and 3) Whether to grant a Dance Hall License to said applicant. Mr. Barker explained before the liquor license may be considered, the zoning issue must first be resolved, and stated a tavern had been in operation on said property as a Non -conforming Use until the tavern was involved in a drug raid in November 1993. At that time the premises were seized by the Weld County Drug Task Force. On December 1, 1993, the tavern liquor license issued to Francisco Gallegos for LaGarra Bar was revoked by the State of Colorado Liquor Licensing Authority. Mr. Barker stated the Weld County Drug Task Force then filed an action in 1994 against Ms. Faudoa to obtain a forfeiture of the premises; however, by order of the Court on March 21, 1995, the case was dismissed and the premises were returned to Ms. Faudoa. Keith McIntyre, attorney representing the applicant, reviewed several cases concerning abandonment of rights and discussed whether the use was abandoned while Ms. Faudoa was not allowed on the premises to conduct business. He presented documents (marked Exhibit A) including an Eaton city map, copy of the Motion for Summary Judgment, Order of Dismissal, personal recommendations, and a petition signed by individuals in subject neighborhood, as well as a copy of the definition as listed in Blacks Law Dictionary (marked Exhibit B). Mr. McIntyre reviewed the order in which events occurred and stated the applicant was not allowed to use the premises during the time the property was in custody of the courtandshe could not apply for a liquor license with the State at that time. He stated she did apply for the license as soon as it was possible for her to do so, when the Court dismissed the motion for forfeiture and returned the property to her. (Changed to Tape #95-22.) Mr. McIntyre stated there was no intent to abandon the property and the decision was not in Ms. Faudoa's control. Dave Sauter, Colorado Liquor Enforcement Supervisor, stated when Mr. Gallegos was arrested the State did not seize the property, and no locks were placed on the premises; therefore, Ms. Faudoa had possession. Mr. McIntyre stated there was a Temporary Injunction issued which did not allow Ms. Faudoa possession. Responding to Commissioner Kirkmeyer, Mr. Barker stated Section 30-28-120, CRS, allows the Board of County Commissioners the authority to define terms included in its Zoning Ordinance with discretion; therefore, the definition in Sections 73.3 and 75 of the Weld County Zoning Ordinance are appropriate. Mr. Barker discussed case law as it may apply to legal disability, in which an individual is either mentally incompetent or not able to possess the property in such a manner as to continue the use. He pointed out a Change of Ownership could not be processed one year ago because Ms. Faudoa was not in possession of said property. Responding to Commissioner Harbert, Mr. Barker explained this property was considered to be a 951338 LC0001 d C ; 67-,9 Sazitcr RE: HEARING CERTIFICATION - LIQUOR LICENSE APPLICATION, LAGARRA BAR PAGE 2 Non -Conforming Use during the 1970's and 1980's. David Mathis, representing the Drug Task Force, stated a search warrant was executed on the premises in November 1993; however, the premises were released to the owner on the same day. Approximately 60 days later a civil action was filed regarding civil forfeiture; however, the owner had possession during the 60 days. During that time other properties owned by the applicant were operated, rents were collected, etc., and no locks were placed on the premises. After discussion, Mr. McIntyre requested a ten-minute recess in order to check Court records to determine whether or not an injunction was issued. Mr. Barker advised the Board the injunction would be key in determining whether legal disability existed. Mr. McIntyre stated Ms. Faudoa was told by Mr. Sauter that she could not apply for a liquor licenses on the premises. Mr. Sauter clarified that during a summary suspension, which takes approximately two weeks to process, the establishment is under a license and the completion of that procedure must occur before she would be allowed to apply or lease to others to apply. Mr. Barker noted Mr. Gallegos' license was revoked December 1, 1993, and the forfeiture action occurred early in 1994. After further discussion and hearing no objections from the remainder of the Board, Chairman Hall recessed the hearing to allow Mr. McIntyre time to check Court records. Upon reconvening, Mr. McIntyre presented Court documents, marked Exhibit C through G, and stated the Motion for Temporary Restraining Order filed January 10, 1994, states the property is currently in the control of the Drug Task Force pending final disposition of this action; and the Temporary Restraining Order filed January 18, 1994, restrains Francisco Gallegos, dba LaGarra Bar, and June Faudoa from attempting to sell, transfer, encumber, damage, mortgage, dispose, devalue, destroy or otherwise affect the title, interest, or condition of the subject matter of said action. Mr. Barker stated the documents indicated Ms. Faudoa did not have the ability to get into the bar in order to operate the business; therefore, it fits into the definition of legal disability. In response to questions from the Board, Mr. Barker indicated the Board of County Commissioners has the authority to interpret its own definitions, such as the one in Section 73.3, and reminded the Board that Department of Planning Services staff considers it abandonment. Responding to Commissioner Baxter, Mr. Barker stated if this is found to be a Non -Conforming Use which has been abandoned, the procedure is to either apply for a Special Review Permit or a Change of Zone. In response to a question from Commissioner Kirkmeyer, Mr. Barker stated the tavern has not been operated since November 12, 1993. Commissioner Kirkmeyer stated that there is no provision for exceptions in the definition of abandonment, as given in Section 73.3 of the Weld County Zoning Ordinance, and moved to Find as follows: the property was seized on November 12, 1993; on January 18, 1994 a Temporary Restraining Order was processed in order for the Weld County Drug Task Force to "seize and maintain and preserve the aforementioned property"; on December 1, 1993, the Colorado Department of Revenue, Liquor Enforcement Division, did revoke the Tavern Liquor License issued to Francisco Gallegos, dba LaGarra Bar; and that use of the property as a Non -Conforming Use did cease at that time and continue for a period of at least six months and is, therefore, to be considered abandoned. Commissioner Harbert seconded the motion. After discussion the motion failed, two to three with Commissioners Harbert and Kirkmeyer voting in favor of said motion and Commissioners Baxter, Webster and Hall voting against it. Mr. Barker stated the next matter to be considered is the application for a Tavern Liquor License submitted by June Faudoa, dba LaGarra Bar. He noted the three areas to consider are the character of the applicant; the reasonable requirements or needs of the neighborhood; and the desires of the adult inhabitants of the neighborhood. Commissioner Baxter asked Mr. Barker to clarify the zoning of the property, since the previous motion failed. Mr. Barker stated the Non - Conforming Use continues, since it was found not to have been abandoned. Mr. McIntyre presented a map of Eaton and one of the surrounding neighborhood, Exhibits H and I, and discussed the "wall" that separates East Eaton from the remaining portion of the town. He stated this bar has been in operation for over 50 years, at one time being two neighboring establishments which were later incorporated into one, and that "Ragtown" has been in existence since the early teens to 1920's. He noted the petition signed by individuals in the neighborhood and stated licensing atihis establishment predates anything in Eaton. He reviewed the ownership of the bar and stated every time there has been a problem at the bar, Ms. Faudoa has worked with the Board of County Commissioners in order to alleviate the problems. He stated she has installed parking 951338 LC0001 RE: HEARING CERTIFICATION - LIQUOR LICENSE APPLICATION, LAGARRA BAR PAGE 3 lights, hired security guards, even reequired guards to search individuals for weapons before entering the bar, and her ability to run such an establishment is proven by her fourteen years of experience in doing so. He reviewed the references received from William Farr, President of the Eaton Bank, John Banes, former Vice President of the Eaton Bank, and Don Stroberg, President of Don's Super Foods, Inc. Mr. McIntyre detailed her ability to run a restaurant in the Town of Eaton, until her name in the newspapers made it impossible for her to maintain a reputation as an honest businesswoman. He also discussed the necessity for the bar, since it was opened before any other:license in the area was issued, and there is nothing located in "Ragtown" if this license is not approved. He again discussed the "wall" that separates East Eaton from the rest of the town. Commissioner Baxter questioned whether Don Stroberg knew he was signing a reference for a liquor license when he wrote his reference. -Ms. Faudoa indicated she did inform him of that fact. Ms. Faudoa answered questions from the Board concerning the neighborhood and her relationship with Mr. Gallegos. When asked where the patrons have been going since the bar was closed, Mr. McIntyre indicated they have gone to other bars; however, they are more remote and require transportation. Mr. Mathis stated he is presenting information obtained by Investigator Clinton of the Greeley Liquor Enforcement Investigation Team, and presented Exhibits J through M, which are logs of criminal events!information relating to this case and maps of the neighborhood and surrounding area. Mr. Mathis reviewed the numerous reports of intelligence and incident reports and discussed the fact that many of the property owners in the neighborhood are related to the applicant. He also discussed the problems of not having proper parking facilities, very poor lighting in the area, and low response time for law enforcement authorities. He indicated surveillance by law enforcement authorities must be carried out with extreme caution because of the surrounding property owners being family members. Mr. Mathis also discussed the informants that have talked to law enforcement officials who do not want to be identified because of fear of reprisals. Mr. Sauter stated he is a resident of Eaton and sits on the Eaton School Board. He discussed the complaints he receives, both as a Supervisor of the Liquor Enforcement Division and as a resident in the area. He reviewed the record of license holders and complaints received and noted there have been- three incidents which involved deaths, one in the bar, one outside the bar, and one in which two individuals leaving LaGarra were walking on U.S. Highway 85 andwereso intoxicated one stepped into on -coming traffic and was killed. He noted many of the complaints involve individuals who are not from the neighborhood, but are from places such as Commerce City and Erie and stated there are three 3.2 percent beer licenses which sell to go and two dance hall licenses -within four miles either north or south of this location. Mr. Sauter also noted Ms. Faudoa did not apply for a Change of Ownership until after he received three different complaints about no one being in control of the premises and having to initiate the action by calling her. As a resident of Eaton, Mr. Sauter indicated he received many complaints from people who would not come forward to testify because of fear of reprisal and said there have been many fights and incidents while Ms. Faudoa had the license, which is one of the reasons she sold the business in the first place, because she did not want the extra liability. Mr. Sauter responded to questions from Board members regarding various incidents. Mr. McIntyre indicated Ms. Faudoa was not the owner during the time of many complaints and stated many unenumerated complaints should not be a basis for the Board's decision. He indicated the other bars mentioned are out of the neighborhood and he feels his client is being targeted by government officials for harassment in this regard. He stated Ms. Faudoa's father had 15 children and she has many relatives that own property without her knowledge. Mr. McIntyre indicated he has been a resident of Eaton for 12 years, he is Municipal Court Judge, and he has served on the Eaton School Board in the past. He feels there is a huge void in the neighborhood and the residents in the Town of Eaton do not want people from "Ragtown" in their bars. Mr. McIntyre stated Ms. Faudoa has never previously been denied a liquor :license and indicated that, although consumption of liquor does cause fights and problems of an aggressive nature, that is not reason enough to deny Ms. Faudoa's request for a license. Mr. McIntyre reviewed the factsofthe previous arrests at this facility and indicated there has been no other opposition. He also stated Ms. Faudoa is more than happy to use this property as a youth facility when it is not open for business. After further questions regarding the incidents which were answered by Mr. McIntyre, Commissioner Baxter indicated the difficulty in trying to make a decision based on Ms. Faudoa's character, when she lives right across the street but states she is unaware of any of the incidents or problems which occur at the bar. He indicated he hesitates to license this location which shows a preponderance of problems when the Board usually allows only one or two complaints per liquor license before scheduling a Show Cause Hearing to deal with these types of 951338 LC0001 RE: HEARING CERTIFICATION - LIQUOR LICENSE APPLICATION, LAGARRA BAR PAGE 4 incidents. After further discussion, Commissioner Webster stated there was a drug problem at this location and it must be addressed. Commissioner Baxter then moved to deny the request of June Faudoa, dba LaGarra Bar, for a Tavern Liquor License, based on the following: the requirements of the neighborhood were not adequately established; there does not appear to be a need for this establishment, due to the proximity to other bars, etc.; the desires of the inhabitants, not only the neighborhood, but the entire community; and the character references given for the applicant appear to address her abilities in running a restaurant, not a bar. Commissioner Kirkmeyer concurred with Commissioner Baxter's comments and seconded the motion. Chairman Hall stated, although he does not find the applicant's character of concern, the desires of the neighborhood show people on both sides of the fence; therefore it is undesirable, and the need has not been established since the business was closed for a period of 18 months during which other locations served the needs of the neighborhood. Commissioner Webster discussed the impact on the community which is growing to the east and indicated he feels the facilities are not adequate to support a Tavern Liquor License. On a roll call vote, the motion carried unanimously. Responding to a question from Mr. Barker, Mr. McIntyre indicated his client still wishes the Dance Hall License to be considered, since it will give the people in the neighborhood a gathering place. Ella Mae White, reporter for the North Weld Herald and resident of Eaton, indicated her opposition to the Dance Hall License, because of the high noise levels. She stated she has to sleep with windows closed, even in the summer, because of the noise; however, she indicated she has never filed a formal complaint or had levels tested. Mr. Suater stated a dance would be open to the public; therefore, individuals would be allowed to carry in 3.2 percent beer for consumption, since State law does allow for consumption of 3.2 percent beer in public places. He urged the Board to place stipulations on the license regarding consumption of liquor. Responding to Commissioner Harbert's question, Mr. Barker stated the Dance Hall License does not allow for the sale of beer or liquor; however, since it is a public place, 3.2 percent beer can be brought in and consumed on the premises. Commissioner Webster moved to approve the Dance Hall License; however, there being no second, the motion died. Commissioner Kirkmeyer moved to approve the Dance Hall License for June Faudoa, with the conditions that there be no consumption of alcohol on the premises, including 3.2 beer and liquor, and that signs be posted on the premises to that effect. The motion, which was seconded by Commissioner Harbert, carried four to one, with Commissioner Webster voting against the motion since he is not in favor of the conditions. This Certification was approved on the 28th day of June, 1995. APPROVED: 4� P BOARD OF COUNTY COMMISSIONERS WE COUNTY, COL eputy Cl?=to the Board TAPE #95-21 & #95-22 DOCKET #95-39A eore,E! Baxter Constance L. Harbert W. H.ebster 951338 LC0001 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 7TH DAY OF JUNE, 1995: DOCKET #95-39 - Application for Tavern Liquor License - June NI. Faudoa, dba La Garra Bar PLEASE legibly write or print your name and complete address. NAME AND ADDRESS (Please include City and Zip Code) (YmAitiuderAt-,c �}e r%l4 C/ti-2 &rig� /(0 CL r'J 2/77 i `t2L(76.7 NOTICE DOCKET NO. 95-39A PURSUANT TO THE LIQUOR LAWS OF THE STATE OF COLORADO, JUNE M. FAUDOA, DBA LA GARRA BAR, 435 WALL STREET, EATON, COLORADO 80615, HAS REQUESTED THE LICENSING OFFICIALS OF WELD COUNTY, COLORADO, TO GRANT A TAVERN LIQUOR LICENSE FOR CONSUMPTION BY THE DRINK ON THE PREMISES ONLY. DATE OF APPLICATION: MAY 5, 1995 THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, HAS DECLARED THAT THE NEIGHBORHOOD TO BE SERVED WILL BE AS FOLLOWS: All of Section 1, Township 6 North, Range 66 West; Section 36, Township 7 North, Range 66 West; Sections 5 and 6, Township 6 North, Range 65 West; and Sections 31 and 32, Township 7 North, Range 65 West of the 6th P.M., Weld County, Colorado THE HEARING ON SAID LICENSE, ORIGINALLY SCHEDULED FOR JUNE 7, 1995, WILL BE HELD IN THE FIRST FLOOR ASSEMBLY ROOM, WELD COUNTY CENTENNIAL CENTER, 915 10TH STREET, GREELEY, COLORADO, ON MONDAY, JUNE 26, 1995, AT 9:00 A.M. THE BOARD WILL ALSO CONSIDER APPLICATION FOR A DANCE HALL LICENSE AT SAID HEARING. THE BOARD WILL ALSO CONSIDER WHETHER THE LA GARRA BAR IS A NON- CONFORMING USE PURSUANT TO SECTIONS 73 AND/OR 75 OF THE WELD COUNTY ZONING ORDINANCE AT SAID HEARING. PETITIONS AND REMONSTRANCES MAY BE FILED 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. DATED AT GREELEY, COLORADO, THIS 7TH DAY OF JUNE, 1995. 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 PUBLISHED: June 15, 1995, in the Windsor Beacon 951338 MIME DOCKET NO. 95-39A PURSUANT TO THE LIQUOR LAWS OF THE STATE OF COLORADO. JUNE M. FAUDOA, DBA LA GARRA BAR, 435 WALL STREET, EATON, COL- ORADO 50515, HAS REOUESTED THE LICENS- ING OFFICIALS OF WELD COUNTY, COLORADO, TO GRANT A TAVERN LIQUOR LICENSE FOR CONSUMP- TION BY THE DRINK ON THE PREMISES ONLY. DATE OF APPLICATION: MAY 5, 1995 THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COL- ORADO, HAS DECLARED, THAT THE NEIGHBOR-' HOOD TO BE SERVED WILL BE AS FOLLOWS: All of Section 1, Township 6 North, Range 66 West; Section 36, Township 7 North, Range 66 West; Sections 5 and 6, Township 6 North, Range 65 West: and Sections 31 and 32, Township 7 North, Range 65 West -of the 6th P.M., Weld County. Colorado THE HEARING ON SAID LICENSE, ORIGINALLY SCHEDULED' FOR JUNE 7, 1995, WILL BE HELD IN THE FIRST FLOOR ASSEM- BLY ROOM, WELD COUN- TY CENTENNIAL CENTER, 915 10TH STREET, GREE- LEY, COLORADO, ON MONDAY, JUNE 29, 1995, AT 9:00 A.M. THE BOARD WILL ALSO CONSIDER APPLICATION FOR A DANCE HALL LICENSE AT SAID HEARING. THE BOARD WILL ALSO CONSIDER WHETHER THE LA GARRA BAR 1S A NON- CONFORMING USE PUR- SUANT TO SECTIONS 79 AND/OR 75 OF THE WELD COUNTY ZONING ORDI- NANCE AT SAID HEARING. PETITIONS AND REMON- STRANCES MAY BE FILED IN THE OFFICE OF THE CLERK TO THE BOARD OF COUNTY COMMISSION- ERS, LOCATED IN THE WELD COUNTY CENTEN- NIAL CENTER. 915 10TH STREET, THIRD FLOOR. GREELEY, COLORADO. DATED AT GREELEY, COL- ORADO. THIS IIH DAY OF JUNE, 1995. BOARD OF COUNTY COM- MISSIONERS WELD COUNTY. COL- ORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: SHELLY K MILLER DEPUTY CLERK TO THE BOARD Published N Bra Windsor BMoan en June 15, 1995. AFFIDAVIT OF PUBLICATION STATE OF COLORADO ss COUNTY OF WELD I, ROGER A. LIPKER, of said County of Weld, being duly sworn, say that I am publisher of WINDSOR BEACON a weekly newspaper having a general circulation in said County and State, published in the town of WINDSOR, in said County and State; and that the notice, of which the annexed iy a true copy, has been published in said weekly for successive weeks, that the notice was published in the regular and entire issue of every number of the paper during the period and time of publication, and in the newspaper proper and not in a supplement, and that the first publication of said notice was in said paper bearing the date of the _ /—.41aY of ,<ae_ A.D., 19 7 -S and the last publication blearing the date of the day of A.D., 19_ and that the said WINDSOR BEACON has been published continuously and uninterruptedly for the c:riod of 5 consecutive weeks, in said County and State, prix. to the date of first publication of said notice a.r..1 the same is a newspaper within the meaning of an Act io rL3ulate printing of legal notices and advertisements, approved May 18, 1931, and all prior acts so far as in force. ezn �1BCISHEA Subscribed and sworn •to before me this tday of Lo1G^ f/ ,:4 7 A lbw NOTARY PUBLIC My commission expires 951338 NOTICE DOCKET NO. 95-39 PURSUANT TO THE LIQUOR LAWS OF THE STATE OF COLORADO, JUNE M. FAUDOA, DBA LA GARRA BAR, 435 WALL STREET, EATON, COLORADO 80615, HAS REQUESTED THE LICENSING OFFICIALS OF WELD COUNTY, COLORADO, TO GRANT A TAVERN LIQUOR LICENSE FOR CONSUMPTION BY THE DRINK ON THE PREMISES ONLY. DATE OF APPLICATION: MAY 5, 1995 THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, HAS DECLARED THAT THE NEIGHBORHOOD TO BE SERVED WILL BE AS FOLLOWS: All of Section 1, Township 6 North, Range 66 West; Section 36, Township 7 North, Range 66 West; Sections 5 and 6, Township 6 North, Range 65 West; and Sections 31 and 32, Township 7 North, Range 65 West of the 6th P.M., Weld County, Colorado THE HEARING ON SAID LICENSE WILL BE HELD IN THE FIRST FLOOR ASSEMBLY ROOM, WELD COUNTY CENTENNIAL CENTER, 915 10TH STREET, GREELEY, COLORADO, ON WEDNESDAY, JUNE 7, 1995, AT 9:00 A.M. PETITIONS AND REMONSTRANCES MAY BE FILED 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. DATED AT GREELEY, COLORADO, THIS 17TH DAY OF MAY, 1995. 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 PUBLISHED: May 25, 1995, in the Windsor Beacon 951338 t DOCKET NO. 9F 9P PURSUANT TO THE LIQUOR LAWS OF THE STATE OF COLORADO, JUNE M. FAUDOA, DMA LA GARRA DAR, 435 WALL STREET, EATON, COL- ORADO 10615, HAS REQUESTED THE LICENS- ING OFFICIALS OF WELD COUNTY, COLORADO, TO GRANT A TAVERN UQUOR LICENSE FOR CONSUMP- TION BY THE DRINK ON THE PREMISES ONLY. DATE OF APPLICATION: MAY 5, 1995 THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COL- ORADO, HAS DECLARED THAT THE NEIGHBOR- HOOD TO BE SERVED WILL BE AS FOLLOWS: All of Section 1, Township 6 North, Range 66 West; Section 36, Township 7 North, Range 66 West; Sections 5 and 6, Township 6 Noah. Range 65 West; end Sections 31 and 32, Township 7 North, Range 65 West of the 6th P.M.. Weld County, Colorado THE HEARING ON SAID LICENSE WILL BE HELD IN THE FIRST FLOOR ASSEM- BLY ROOM, WELD COUN- TY CENTENNIAL CENTER, 915 10TH STREET, GREE- LEY. COLORADO, ON WEDNESDAY, JUNE 7, 1995, AT 9:00 A.M. PETITIONS AND REMON- STRANCES MAY BE FILED IN THE OFFICE OF THE CLERK TO THE BOARD OF COUNTY COMMISSION- ERS, LOCATED IN THE WELD COUNTY CENTEN- NIAL CENTER, 915 10TH STREET, THIRD FLOOR. GREELEY, COLORADO. DATED AT GREELEY, COL- ORADO. THIS 171.11 DAY OF MAY. 1995. BOARD OF COUNTY -COM- MISSIONERS WELD COUNTY, COL- ORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: SHELLY K. MILLER UN CLERK TO THE Published In the Windsor asco11 Oil May 25, Met AFFIDAVIT OF PUBLICATION STATE OF COLORADO 55 COUNTY OF WELD • I, ROGER A. LIPKER. of said County of Weld, being duly sworn, say that I am publisher of WINDSOR BEACON a weekly newspaper having a general circulation in said County and State, published in the town of WINDSOR, in said County and State; and that the notice, of which the annexed is a true copy, has been published in said weekly for fi successive weeks, that the notice was publis ed in the regular and entire issue of every number of the paper during the period and time of publication, and in the newspaper proper and not in a supplement, and that the first publication of said notice was in said paper bearing the date of tpe�, 0S4-4day of A.D., 19 9 and the last publication bearing the date of the day of A.D., 19_ and that the said WINDSOR BEACON has been published continuously and uninterruptedly for me c=riod of 5 consecutive weeks, in said County and State, prior to the date of first publication of said notice z,r'the same is a newspaper within the meaning of an Act to r€ gulate printing of legal notices and advertisements, approved May 18, 1931, and all prior acts so far as in force. /ei 4,JBLISHER Su scribed and sworn to before me this oW' ; day of ft,./ 19//�� ez-�e ,x(v,9 U/ L2--7;+nrOo NOTARY PUBLIC My commission expires 951338 i CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #95-39, was placed in the United States mail, first class mail, postage prepaid, addressed to the following property owners. DATED this 23rd day of May, 1995. JUNE M. FAUDOA DBA LA GARRA BAR 435 WALL STREET EATON, CO 80615 DAVID R. SAUTER, INVESTIGATOR DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT 800 8TH STREET, SUITE 231 GREELEY, CO 80631 Deputy Cler t the Board 351338 mEmoRAnDum COLORADO To From Board of County Commissioners Date Bruce T. Barker, Weld County Attorney June 6 1995 subject Liquor License Application, June Faudoa, d/b/a LaGarra Bar The tavern liquor license for the LaGarra Bar, located at 435 Wall Street in Eaton, Colorado was revoked by the State of Colorado Liquor Licensing Authority on December 1, 1993. At that time, the license was held by Francisco J. Gallegos. The premise was owned by June Faudoa and leased to Mr. Gallegos. In November, 1993, the Weld County Drug Task Force, with the assistance of the Division of Liquor Enforcement, seized the premises. The liquor license was then revoked through administrative action by the Liquor Enforcement Division. The Weld County Drug Task Force filed an action in 1994 against Ms. Faudoa to obtain a forfeiture of the premises. The forfeiture proceeding was in Case Number 94 -CV -1I in the Weld District Court. By order of the Court on March 21, 1995, the premises was returned to June Faudoa and the case was dismissed. A copy of the order is attached. Therefore, it is my opinion that the real property located at 435 Wall Street is currently owned by June Faudoa. l_ Bruce -T. Barker Weld County Attorney BTB/db:lagarra Attachment 951338 MEMORANDUM WIIIDC COLORADO TO: Juen Faudoa FROM: Weld County Clerk to the Board SUBJECT: State Liquor License Fees July 10, 1995 Enclosed please find your personal check #205 made out to the Colorado Dept. of Revenue for liquor license application fees. This check is being returned to you because the Board of County Commissioners denied your liquor license application. DOMINGO OR JUNE FAUDOA 430 WALL ST. 454-3146 EATON, CO 80615 19 c25- 2 0 5 82-461/1070 Pay to the order of �� IJpnu� I $774.a order O ee O 7 9 EATON BANK 100 OAK AVE., EATON, CO 90615 (303) 454-3456 �clno 951,338 PS Form 3800, June 1985 P 387 471 700 RECEIPT FOR CERTIFIED MAIL -NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to MRS. JUNE FAUDOA 430 WALL ST. EATON, CO 80615 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 N 0 co J C O 0 N. m 0 d• d N D Co DOMESTIC RETURN RECEIPT j. • O ;too no • y 9w Dm• • ^d F. on I-30co ommzr< corn 0 • m -a 2£ 4 D c • m m y c m A cat" z c�oo �°J'mm O tl m 7 mra3 oco 00 $o roCo -, co•• p> a m• go o ynmd C d ° �mmmado LL., ▪ 0 a 3.o am mN N O<OQO O a P' a �' z a O 0 N • do • = ry W N ^ 3 n m m co. O 3 a O a. CD 5'T m y o °° ❑❑� eo > a rn cT 9 a y JX z ry y tack s m o ,. r?. o my ac a0 m o ro m �' (rp C1 m 0 G P �S6 N NJ Q `. ❑ ❑ J' u I co co 9 a y 0 H \ O 0 ., d o 0 OCO � r'. c a 5 0co i m . co a 1 co m�. Zcl7 a a 0 m a a 6 N O co a 01j1 961338 Eaton Fire Protection District. Eaton, Colorado 80615 June 22, 1995 Weld County Commissioners P.O. Box 758 Greeley, CO. 80632 Dear Commissioners: The Eaton Fire Protection District Board wishes to express concern regarding the issuance of a liquor license for the bar in the area known as East Eaton. In recent years during the time of operation of the bar our Fire Department has responded to one murder, numerous injuries caused by fights and other attacks, two requests from the sheriff's department to close the bar due to code violations, and a number of alcohol related traffic accidents. Since the bar has been closed, we have had a significant reduction in medical and violence related calls to that area. The Eaton Fire Protection District Board respectfully requests that you deny the liquor license for this establishment. Thank you for your consideration. BOARD OF DIRECTORS EATON FIRE PROTECTION DIST. P.O. Box 582 Eaton, CO. 80615 cc CC: 45- cc,' C/+ Av-zael 71 GERALD M. SMITH Secretary/Treasurer 95i.aas THE TOWN OF EON COLORADO June 19, 1995 Weld County Board of Commissioners 915 10th Street Greeley, CO 80631 223 1st STREET EATON, COLORADO 80615 PHONE -454-3338 Dear Commissioners, On behalf of the Eaton Board of Trustees, I wish to express our concern regarding the issuance of a liquor license for the bar in East Eaton. When this bar has been in operation in the past the inevitable problems always seem to spill over into our jurisdiction and our resources must then be used to address them. We feel there are enough establishments in existence to supply the demand for alcohol in this area. A map is enclosed with these locations highlighted in yellow. We join the Eaton Police Department and Eaton Fire Protection District in respectfully requesting your denial of this license application. Thank you for your consideration! GAC/cb Sincerely, Donald B. Cadwallader Mayor re ; eacc.) ML REGULAR MEETING SECOND MONDAY OF EACH MONTH .Pnca ysoxa/ent x cP92 951338 IrI.131•IaI _ f =/ 951338 June 18, 1995 Weld County Commissioners P.O. Box 758 Greeley, CO 80632 Dear Commissioners, Please deny the request to open the LaGarra Bar in East Eaton. I have been a resident of Weld County all of my life. I live outside of Eaton and have four children attending the Eaton Schools. The town of Eaton which is across the railroad tracks, to my knowledge has two liquor stores and three establishments that serve liquor. I do not see the need for another bar. June (Jean) Fadoa was the owner of the bar when the raid took place in November 1993. What kind of assurance do we have that the bar won't be another big drug operation in three months, six months, or a year. I can't believe she didn't know that drugs were being sold in her establishment when she was related to some of the biggest dealers. And if she did not know, why not 99999 It was her bar. I went to school with her, she is no dummy. Does she just let anyone and anything go on in that place? What about health and building codes?? Doesn't she have to meet them too. I wouldn't want to fight a fire in that building. Who is liable if we reissue this license and then the ceiling falls in on a patron or worse, a fire fighter? New buildings must meet codes. I can't believe that building could meet codes now. Health codes? Would you buy a drink in that rodent and insect infested building???? What about our drug task force? Are we going to fund them only to turn around and open up an operation that took years to shut down? Let's start backing our programs in spirit as well as financially. Let's send a message to those who choose Weld County to deal drugs in. Don't let the drug buyers and drug dealers laugh at the Drug Task Force. Let them know we mean no Don't let the Eaton School District down. We are paying for a program to fight drugs and to teach our children that there are alternatives to drugs and alcohol. Ask the State Patrol how much drunk driving in this area has gone down since the raid. Ple,;ise help by not reopening the LaGarra Bar. Thank You, A Weld County Concerned Citizen (Lt. tocc; do 951338 INDEX JUNE FAUDOA LIQUOR LICENSE HEARING June 26, 1995 1. CITY MAP 2. MOTION FOR SUMMARY JUDGMENT WITH AFFIDAVIT 3. ORDER OF DISMISSAL 4. PERSONAL RECOMMENDATIONS 5. PETITIONS i e EXHIBIT IcN� !Z7:nes.\95 951338 c? NA DISTRICT COURT, WELD COUNTY, STATE OF COLORADO CASE NO. 94 CV 11 DIVISION IV ORDER THE PEOPLE OF THE STATE OF COLORADO Plaintiff, v. FRANCISCO GALLEGOS d/b/a LA GARRA BAR, JUNE FAUDOA, Defendants. THIS MATTER having come before the Court on the Defendant's MOTION FOR SUMMARY JUDGMENT, and the Court being fully advised in the premises, does hereby find as follows: 1. A Motion for Summary Judgment was filed herein by Defendants on October a4, 1994. 2. Said Motion for Summary Judgment was accompanied by Affidavit. 3. No contrary Affidavits were filed herein at any time by the People. 4. At hearing .herein on March 8, 1995, Deputy District Attorney Brandon Marinoff, through the law clerk of this Court and through counsel for Defendant, Keith A. McIntyre, indicated his desire to have the action herein dismissed as to June Faudoa. IT IS THEREFORE ORDERED that: 1. This action is dismissed as to June Faudoa. 2. The following property is ordered returned to Defendant June Faudoa: a. one (1) antique Derringer pistol; b. the property known as La Garra Bar, 435 Wall Street, Eaton, Colorado, together with all personal property contained therein and owned by June Faudoa. IT IS FURTHER ORDERED that this Court retains such jurisdiction of this matter as required by law, and that this matter is dismissed with prejudice against the claims of thee Plaintiff hereii gainst June Faudoa. 951338 ORDER DISTRICT COURT, 94 CV 11 PAGE TWO Dated and signed this of 961338 FILE COPY DISTRICT COURT, WELD COUNTY, STATE OF COLORADO Civil. Action No. V1I MOTION FOR SUMMARY JUDGMENT THE PEOPLE OF THE STATE OF COLORADO, Plaintiff, vs. FRANCISCO GALLEGOS d/b/a LA GARRA BAR, JUNE FAUDOA, Defendants. COMES NOW the Defendant, June Faudoa, by and through her attorney, McIntyre & Rawlings, and Moves for summary judgment, pursuant to Rule 56 of the Colorado Rules of Civil Procedure. As Grounds therefor, the Defendant, June Faudoa, states as follows: 1. Defendant 2. forth, is There is no genuine issue as to any material fact and the is entitled to a judgment as a matter of law. Attached hereto, and incorporated herein as if fully set the Affidavit of the Defendant June Faudoa. WHEREFORE, the Defendant Moves for a summary judgment in this case, granting a dismissal of the action with prejudice and an immediate return of all property seized. Respectfully submitted this day of ; 1994. MCINTYRE & RAWLINGS for the firm: Ke AMcIntyre, Sherry L. Rawlings 1122 Ninth Street, Greeley, CO 80631 (303) 352-4776 #1 # •66 Suite 203 ATTORNEYS FOR DEFENDANT 951338 DISTRICT COURT, WELD COUNTY, STATE OF COLORADO Civil Action No. Division CERTIFICATE OF DELIVERY THE PEOPLE OF THE STATE OF COLORADO, Plaintiff, vs. FRANCISCO GALLEGOS d/b/a LA GARRA BAR, JUNE FAUDOA, Defendants. und- signed does hereby certify that on the day of 1994, the original of the attached MOTION FOR SUMMARY JUiME " and ORDER were hand delivered to the following: Clerk of the District Court Ninth Street and Ninth Avenue Greeley, CO 80632 The ...: •'•n-• does hereby certify that on the day of ,✓/% /',, 1994, a true and correct copy of the foregoing MOTION SUMMARY JUDGMENT and ORDER were hand delivered to the following: Weld County District Attorney's Office 915 Tenth Street Greeley, CO 80631 953.338 DISTRICT COURT, WELD COUNTY, COLORADO Civil Action No. Division AFFIDAVIT OF DEFENDANT JUNE FAUDOA THE PEOPLE OF THE STATE OF COLORADO, Plaintiff, vs. FRANCISCO GALLEGOS dba LA GARRA BAR, JUNE FAUDOA Defendants. COMES NOW, the Affiant, June Faudoa, herein and states as follows: 1. I am the owner of the real estate at 435 Wall Street, Eaton, CO, together with the structures thereon, and all trade fixtures, and equipment contained therein to the operation of the bar and/or restaurant. I do not claim ownership in any alcohol or supplies, or other possessions contained therein. 2. On or about a date in early July 1993, I leased the business, known as La Garra Bar, together with the option to purchase said property, to the Defendant Francisco Gallegos. The signed original of said lease with option to purchase is in the possession of the Plaintiff, having been taken from me, by virtue of a search warrant, although I allege that the removal of such document was improper. 3. I further allege that pursuant to the search warrant, a legal weapon (i.e. an antique Derringer pistol) was taken from my possession by the Plaintiffs. There has been no showing of an improper use or possession of the same. 4. I further allege that as of October 1, 1991, the property known as La Garra Bar 435 Wall Street, Eaton, CO was leased to one Juan Audon Vasquez, current address 427 Wall Street, Eaton, CO. Mr. Vasquez operated a business at that address from October 1, 1991 to October 1, 1992, when his lease expired. At that time, I leased the premises to one John Plotkin, who remained in possession of the premises from October 1992 to May 1993. In May of 1993, Mr. Plotkin abandoned the premises, and his current whereabouts are unknown to this Defendant. The premises known as La Garra Bar remained unoccupied from May 1993 until July 1993, at which time, I entered into the lease with option to purchase with one Francisco J. Gallegos. 951338 5. Mr. Gallegos, as a part of the lease with option to purchase, has paid $10,000.00 for the purchase option as required by the document, together with rent thereon, at the amount of $600.00 per month. Mr. Plotkin paid an additional $2,500.00 toward the purchase of the property in August 1993. During the periods involved, from October 1, 1991 to the present time, I, while owner of the property, have never operated a business thereon, and in fact was inside the premises on very rare occasions, usually no more than once every two (2) months. Rental for the premises was paid to me at my residence. 6. If any illegal activity was in process by any of these parties, I was unaware of it, and deny any knowledge thereof. I deny knowledge or involvement in any illegal activity in connection with these premises, and deny any right of abatement against me, and specifically request that the restraining order herein be lifted, so that I can proceed to dispose of the property, and further, that I be dismissed from this action. I deny any and all other allegations contained against me herein. 7. At the time of leasing to Francisco J. Gallegos, I had another party who had expressed an interest in renting and purchasing the bar from met specifically Beatrice Rodriguez. I offered the same lease with option to purchase to both Mr. Francisco J. Gallegos and Beatrice Rodriguez, and Mr. Francisco J. Gallegos was the first to pay the money and to sign the lease. S. I have other buyers ready to purchase the property, and am being deprived of my rightful property without due process of law, and by the action of the people herein. FURTHER AFFIANT SAYETH NOT. VERIFICATION STATE OF COLORADO ) ss.: COUNTY OF WELD I, JUNE FAUDOA, being first duly sworn upon oath, depose and state, that I have read the above and foregoing AFFIDAVIT and that all facts contained therein are true and correct to the best of my knowledge and belief. 4r(FA A SCRIBED and SWORN to before me this , 1994, by JUNE FAUDOA. My commission expires: WITNESS my hand and official seal. Dee' c_ My Cortr sbn Expires //JyJ�.tG/La re MARCH 29.1996 Notary Pu acck day of 351338 EATON BANK May 9, 1995 Mr. Bruce Barker County Attorney Weld County PO Box 19481 Greeley, CO 80632 Dear Mr. Barker, ' MAY 1 0 1995 =LD COUNTY AI FORNEY'S OFFICE This letter is to serve as a personal recommendation for Ms. June Faudoa of Eaton who has made application for a liquor license. I have known her for three years, primarily through her relationship with the Eaton Bank. She has had several various loans with us and always paid as agreed. While she operated her restaurant in Eaton, I was a frequent lunch customer. She was always friendly, neat, and accommodating. She is considered to be a leader among her peers in Eaton and respected by those that know her. If you have any additional questions, please call me at 454-3456. Sin erely, W ialetrig.. Fa P sident r WRF/lls PO. BOX 100 100 OAK STREET EATON, COLORADO 80615 (303) 454-3456 FAX (303r 451-2157 951338 DON'S SUPER FOODS, INC. 126 First Street Eaton, Colorado 80615 ,o7 -,q; (99 s - rte CLE ',: ��ze)-4 'emu - c5Lateca.ice,)Sazszet ttiste ee.2 . ota-f. , A7 -4- 6- a e,N S se, p EA7OAJ, e SACS 951338 JMortgage Services, Inc. 0 -L IN May 10, 1995 Re: June Faudoa To Whom It May Concern: I am writing this letter to recommend June Faudoa in her application for a liquor license. I have know June for almost 13 years. While I was at The Eaton Bank, June always kept excellent care of both her deposit and loan accounts. I considered her and her family excellent customers. Should you have any further questions, please don't hesitate to call. y, ('Joh E. Bowness, II Pr7ident JEB/jb 121 1/2 First Street Eaton CO 80615 (970) 454-3361 (Fax) 454-3942)5.338 AFFIDAVIT We who have signed this Petition below state that we are twenty-one (21) years old, that we live in the neighborhood designated for the La Garra Bar, and that we desire that a liquor license be issued to June Faudoa for the La Garra Bar because we feel that it is necessary and desirable for the neighborhood. PRINT NAME ADDRESS .z `Z WOW S'h!- Cse n>7Tmnija Lf 7( (l/al //51- /U? 121 illotitmcv ireavt~- CAI -7 lP )dirm.a-kevtA7044041 -rind e 2a YP SIGNATURE ore v I. *2-? d AP cry' Am/ icfo,t /(v 541 K (/ , �9d err cj&H& y �Fce- /dc (pest /rye (s -e LAn Capr? Fades{? "'cv,77 K (5 (x r -77 Pa c k st 3.O 951338 AFFIDAVIT We who have signed this Petition below state that we are twenty-one (21) years old, that we live in the neighborhood designated for the La Garra Bar, and that we desire that a liquor license be issued to June Faudoa for the La Garra Bar because we feel that it is necessary and desirable for the neighborhood. PRINT NAME nvi "k Ghavez ADDRESS SIGNATURE 951338 A husband and wife was insufficient. State v. Davis, Tex.Civ.App., 139 S.W.2d 638, 640. AAA. Agricultural Adjustment Act; American Accounting Association; American Arbitration Asso- ciation. A.A.C. Anne ante Christum, the year before Christ. A.A.C.N. Anne ante Christum natum, the year before the birth of Christ. AALS. Association of American Law Schools. A aver et tener Thy eyvar et tenor/. L. Fr. (L. Lat. habendum et tenendum.) To have and to hold. A aver et tener a luy et a ses heires, a touts jours,—to have and to hold to him and -his heirs forever. Ab. The eleventh month of the Jewish civil year, -and the fifth of the sacred year. It answers to the moon that begins in July, and consists of thirty days. On the 24th is observed a feast in memory of the abolish- ment of the Sadducean law, which requiredsons and daughters to be equal heirs and heiresses of their parents' estates. Ab, at the beginning of English -Saxon names of places, is generally a contraction of abbot or abbey; whence it is inferred that those places once had an abbey there, or belonged to one -elsewhere, as Abing- don in Berkshire. A.B. Able-bodied seaman. In English law a seaman -is entitled to be rated A. B. when he has served at sea three years before the mast. In the United States the term "Able Seaman" is used. For the requirements of able -seaman, -see 46 U.S.C.A. § 672. Also artium baccalaureus, bachelor of arts. In England, generally written B. A. A.B.A. American Bar Association. Ab; Abr. Abridgment. Ab abusu ad usum non valet consequentla /tab abyuwz(y)uw ad yuwzam non well kon- sakwensh(iy)a/. A conclusion as to the use of a thing from its abuse is invalid. Abacist or abacista /ibasista/. A caster of accounts, an arithmetician. Abaction /abaekshan/. A carrying away by violence. Ab actis /ib a ktas/. Lat. An officer having charge of acta, public records, registers, journals, or minutes. An officer who entered on record the acta or proceed- ings of a court; a clerk of court; a notary or actuary. See'Acta." This, and the similarly formed epithets -a cancellis, a secretis, a libellis, were alsoancientlythe titles of a chancellor (cancellarius) in the early history of that office. Abactor /ibiktar/. A stealer and driver away of cattle or beasts by herds or in great numbers at once, as distinguished from a person whostealsa single ani- mal or beast. Also called abigeus, q.v. Ab agenda /ib eyjendow/. Disabled from acting; un- able to act; incapacitated for business or transactions of any kind. 2 A.B.A.J. American Bar Association Journal. Aballenate /abeyliyaneyt/. To transfer interest or title. Abalienatio /abeyliyaneysh(iy)ow/. In Roman law, the perfect conveyance or transfer of property from one Roman citizen to another. This term gave place to the simple alienatie, which is used in the Digest and Institutes, as well as in the feudal law, and from which the English "alienation" has been formed. Aballenation /abeyliyaneyshan/. In the civil law, a making over of realty, or chattels to another by due course of law. Abamita /abaemada/. In thecivillaw, a great -great- -grandfather's -sister (abavi sorer). Called amita max- ima. Abandon. To desert, surrender, forsake, or cede. To relinquish or give up with intent of never again 're- suming one's right or interest. To give up or to cease to use. To give up absolutely; to forsake entirely; to renounce utterly; to relinquish all connection with or concern in; to desert. It includes the intention, and also the external act by which it is carried into effect. Abandonee. A party to whom a right or property is abandoned or relinquished by another. Applied to the insurers of vessels and cargoes. Abandonment, The surrender, relinquishment, dis-.a claimer, or cession of property or of rights. Volun-G tary relinquishment of all right, title, claim and pos- session, with the intention of not reclaiming it. State v. Bailey, 97 N.J.Super. 396, 235 A.2d 214, 216. The giving up of a thing -absolutely, without reference to any particular person or purpose, as vacating proper- ty with the intention of not returning, so that -it -may be appropriated by the next comer or finder. Inten- tion to forsake or relinquish the thing is an essential element, to be proved by visible acts. Thevoluntary relinquishment of possession of thing by owner with intention of terminating his ownership, but without vesting it in any other person. Dober v. Ukase Inv. Co., 139 Or. 626, 10 P -2d356, 357. The relinquishing of all title, possession, or claim, or a virtual, inten- tional throwing away of property. "Abandonment" includes both the -intention to, abandon and the external act by which the -intention is carried into effect. In determining whether one has abandoned his property or rights, the intention is the first and paramount object of inquiry, for there can be no abandonment without the intention to abandon. Roebuck v. Mecosta County Road Com- mission, 59 Mich.App. 128, 229 N.W.2d 343, 345. Generally, "abandonment" can arise from a single act or from a series of -acts. Holly Hill Lumber Co. v. Grooms, 198 S.C. 118, 16 S.E.2d 816, 821. Time -is not an essential element of "abandonment", although the -lapse of time may be evidence of an intention to abandon, and where it is accompanied by acts manifesting such an intention, it may be con- sidered -in determining whether there has -been an abandonment. Ullman ex rel. Eramo v. Payne, 127 Conn. 239, 16 A.2d 286, 287. "Abandonment" differs fromsurrenderin that -sur- render requires an agreement, and from forfeiture, in that forfeiture may be against the intention of the party alleged to have forfeited. See also Desertion; Discharge; Release; Waiver. 951.339 3 ABANDONMENT Actions, in general. Failure to prosecute or bring action within statutorily prescribed period (see Stat- ute of limitations); failure to object to or submit jury instructions (Fed.R. Civil P. 51); failure to demand jury trial (Fed.R. Civil P. 38). Adverse possession. To destroy continuity of ad- verse claimant's possession, there must be an intent to relinquish claim of ownership as well as an act of relinquishment of possession and mere temporary absence is not sufficient. Bruch v. Benedict, 62 Wyo. 213, 165 P.2d 561. Assignment of error. Failure to object at trial. Mey- er v. Hendrix, 311 Ill.App. 605, 37 N.E.2d 445, 446. Error not presented in brief. Roubay v. United States, C.C.A.Cal., 115 F.2d 49, 50. Error not sup- ported by -point, argument or authority. Cone v. Ariss, 13 Wash.2d 650, 126 P.2d 591, 593. Children. Desertion or willful forsaking. Foregoing parental duties. Wright v. Fitzgibbons, 198 Miss. 471, 21 So.2d 709, 710. See also Desertion. Contracts. To constitute "abandonment" by -con- duct, action relied on must be positive, unequivocal, and inconsistent with the existence of the contract. Abandonment is a matter of intent, Lohn v. Fletcher Oil Co., 38 Cal.App.2d 26, 100 P.2d 505, 507, and implies not only nonperformance, but an intent not to perform which may be inferred from acts which nec- essarily point to actual abandonment. Copyright. "Abandonment" of a copyright turns on state of mind of copyright proprietor and occurs whenever he engages in some overt action which manifests his purpose to surrender his rights in the work and to allow the public to enjoy it. Rexnord, Inc. v. Modem Handling Systems, Inc., D.C.Del., 379 F.Supp. 1190, 1199. Easements. To establish "abandonment" of an ease- ment created by deed, there must be some conduct on part of owner of servient estate adverse to and incon- sistent with existence of easement and continuing for statutory period, or nonuser must be accompanied by unequivocal and decisive acts clearly indicating an intent on part of owner of easement to abandon use of it. Permanent cessation of use or enjoyment with no intention to resume or reclaim. Intention and completed act are both essential. A mere temporary or occasional obstruction or use of an easement by the servient owner is not an "abandonment". Gerber v. Appel, Mo.App., 164 S.W.2d 225, 228. Ground for divorce. Abandonment as cause for di- vorce must be willful and intentional without inten- tion of returning, and without consent of spouse abandoned. This ground is commonly termed "deser- tion" in state divorce statutes. See also Desertion. Inventions. The giving up of rights by inventor, as where he surrenders his idea or discovery or relin- quishes the intention of perfecting his invention, and 'so throws it open to the public, or where he negli- gently postpones the assertion of his claims or fails to apply for a patent, and allows the public to use his invention. Electric Storage Battery Co. v. Shimadzu, Pa., 307 U.S. 5, 613, 616, 59 S.Ct. 675, 681, 83 L.Ed. 1071. Leases in general. To constitute an "abandonment" -of leased premises, there must be an absolute relin- quishment of premises by tenant consisting of act and intention. Mineral leases. "Abandonment" consists of an actu- al act of relinquishment, accompanied with the intent and purpose permanently to give up a claim and right of property. A distinction exists between "abandon- ment" and "surrender" which is the relinquishment of a thing or a property right thereto to another, which is -not an essential element of abandonment. Distinction also exists between elements of "aban- donment" and those of estoppel. Neither formal sur- render of oil and gas lease nor release is necessary to effectuate "abandonment; for example, failing to start work under the lease for more than 40 years, Chapman v. Continental Oil Co., 149 Kan. 822, 89 P.2d 833, 834; breach of implied obligation to pro- ceed -with search and development of land with rea- sonable diligence, Wood v. Arkansas Fuel Oil Co., D.C.Ark., 40 F.Supp. 42, 45; no drilling on leased land for more than two years, and failure to pay rentals, Rehart v. Klossner, 48 Cal.App.2d 40, 119 P.2d 145, 147; drawing of casing from well with no intention of replacing it, haveallbeen held to consti- tute -"abandonment". But there must be intention by lessee to relinquish leased premises, Carter Oil Co. v. Mitchell, C.C.A.OkI., 100 F.2d 945, 950,.951; or an intention not to drill, Carter Oil Co. v. Mitchell, C.C. A.Ok1., 100 F.2d 945, 950, 951. And ceasing of opera- tions is not alone sufficient. Fisher v. Dixon, 188 Okl. 7, 105 P.2d 776, 777. Office. Abandonment of a public office is a species of resignation, but differs from resignation in that resignation is a formal relinquishment, while aban- donment is a voluntary relinquishment through non- user. It is not wholly a matter of intention, but may result from the complete abandonment of duties of such a continuance that the law will infer a relin- quishment. It must be total, andundersuch circum- stances as clearly to indicate an absolute relinquish- ment; and whether an officer has abandoned an of- fice depends on his overt acts rather than his de- clared intention. It implies nonuser, but nonuser does not, of itself constitute abandonment. The fail- ure to perform the duties pertaining to the office must be with actual or imputed intention on the part of the officer to abandon and relinquish the office. The intention may be inferred from the acts and conduct of the party, and is a question of fact. Aban- donment may result from an acquiescence by the officer in his wrongful removal or discharge, but, as in other cases of abandonment, the question of inten- tion is.involved. McCall v. Cull, 51 Ariz. 237, 75 P.2d 696, 698. Patents. There may be an abandonment of a patent, where the inventor dedicates it to the public use; and this may be shown by his failure to sue infringers, sell licenses, or otherwise make efforts to realize a per- sonal advantage from his patent. Sandlin v. Johnson, C.C.A.Mo., 141 F.2d 660. Property. "Abandoned property" in a legal sense is that to which owner has relinquished all right, title, claim, and possession, with intention of not reclaim- ing it or resuming its ownership, possession or enjoy- ment. Jackson v. Steinberg, 186 Or. 129, 200 P.2d 376, 377, 378. There must be concurrence of act and intent, that is, the act of leaving the premises or 9513.38 ABANDONMENT property vacant, so that it may be appropriated by the next corner, and _the intention of not returning. -Relinquishment of all title, possession, or claim; a virtual intentional throwing away of property. Ex parte Szczygiel, Sup., 51 N.Y.S.2d 699, 702. Rights in general. The relinquishment of a right. It fimplies some act of relinquishment done by the own- er without regard to any future possession by him- self, or by any other person, but with an intention to abandon. See Waiver. Trade -marks and trade names. There must be not only nonuser, but also an intent to abandon and to give up use of trade -marks permanently. Neva -Wet Corporation of America v. Never Wet Processing Corporation, 277 N.Y. 163, 13 N.E.2d 755, 761. Water rights. "Abandonment," as applied to water rights may be defined to be an intentional relinquish- ment of a known right. It is not based on a time element, and mere nonuser will not establish "aban- donment" for any less time, at least, than statutory period, controlling element in "abandonment" being matter of intent. Hammond v. Johnson, 94 Utah 20, 66 P.2d 894, 899. To desert or forsake right. The intent and an actual relinquishment must concur. Concurrence of relinquishment of possession, and in- tentnot to resume it for beneficial use. Neither alone is sufficient. Osnes Livestock Co. v. Warren, 103 Mont. 284, 62 P.2d 206, 211. Abandun, abandum, or abandonum /abandan(am)/. Anything sequestered, proscribed, or abandoned. Abandon, i. e., in bannum res missa, a thing banned or denounced as forfeited or lost, whence to abandon, desert, or forsake, as lost and gone. Ab ante /ab ntiy/. Lat. Before; in advance. Thus, a legislature cannot agree ab ante to any modification or amendment to a law which a third person may make. Ab antecedente /ab antasiydentiy/. Lat. Beforehand; in advance. Ab antiquo thb antaykwow/. From old _times; from ancient time; of old; of an ancient date. 3 BI.Comm. 95. Abarnare /abarneriy/. Lat. To discover and disclose to a magistrate any secret crime. 4 Abate. 1'o throw down, to beat down, destroy, quash. To do away with or nullify or lessen or diminish. In re Stevens' Estate, Cal.App., 150 P.2d 530, 534. To bring entirely down or demolish, to put an end to, to do away with, to nullify, to make void, Sparks Milling Co. v. Powell, 283 Ky. 669, 143 S.W.2d 75, 77. See also Abatement; Abatement of action. Abatement. A reduction, a decrease, or a diminution. The suspension or cessation, in whole or in part, of a continuing charge, such -as rent. Ab assuetis non fit injuria /ab aswiydas non lid injuriya/. From things to which one is accustomed (or in which there has been long acquiescence) no legal injury or wrong arises. If a person neglects to insist on his right, he is deemed to have abandoned it. Abatable nuisance. A nuisance which is practically susceptible of being suppressed, or extinguished, or rendered harmless, and whose continued existence is not authorized under the law. Fort Worth & Denver City Ry. Co. v. Muncy, Tex.Civ.App., 31 S.W.2d 491, 494. Abatamentum /abeydamentam/. L. Lat. In old English law, an abatement of freehold; an entry upon lands by way of interposition between the death of the ancestor and the entry of the heir. Abatare /abateriy/. To abate. Legacies. A proportional diminution or reduction of the pecuniary legacies, when the funds or assets out of which such legacies are payable are not sufficient to pay them in full. Model Probate Code, § 184. See Ademption, infra, as to specific legacies and devises. Nuisance. See Nuisance. Plea in abatement. See Plea. Taxes. Diminution or decrease in the amount of tax imposed. Abatement of taxes relieves property of its share of the burdens of taxation after the assessment has been made and the tax levied. Sheppard v. Hidalgo County, 126 Tex. 550, 83 S.W.2d 649, 657. Abatement of action. Abatement is an entire over- throw or destruction of the suit so that it is quashed and ended. Carver v. State, 217 Tenn. 482, 398 S.W.2d 719. By local court rule in certain U -S. dis- trict courts a civil action may be abated (dismissed) if service of process is not made within a specified period after filing of the complaint. Pleas in abatement have been abolished by Fed.R. Civil P. 7(c); such being replaced by a motion to dismiss under Rule 41. In certain states however this plea still exists to attack jurisdiction, or service of process, or to allege that a prior action between the same parties concerning the same subject matter is pending. Abator /abeydar/. In real property law, a stranger who, having no right of entry, contrives to get posses- sion of an estate of freehold, to the prejudice of the heir or devisee, before the latter can enter, after the ancestor's death. In the law of torts, one who abates, prostrates, or destroys a nuisance. Abatuda /abatyuwda/. Anything diminished. Moneta abatuda is money clipped or diminished in value. Abavia /abaviya/. Lat. In the civil law, a great -great- grandmother. Abavita /abamada/. A great -great-grandfather's sister. This is a misspelling for abamita (q.v.). Abavunculus /abavagkyalas/. Lat. In the civil law, a great -great-grandmother's brother (avavioe frater). Called avunculus maximus. Abavus /abavas/. Lat. In the civil law, a great -great- grandfather. Abbacinare /abasaneriy/. To blind by placing a burn- ing basin or red-hot irons beforethe eyes. A form of punishment in the Middle Ages. Also spelled "abaci- nare." The modern Italian is spelled with two b's, and means to blind. Abbacination. Blinding by plac- ing burning basin or red-hot irons before the eyes. f331338 A' Al Al Al DISTRICT COURT, WELD COUNTY, COLORADO Civil Action No. (ic/eV it ANSWER i Division / f-' - c i r THE PEOPLE OF THE STATE OF COLORADO, Plaintiff, vs. FRANCISCO GALLEGOS dba LA GARRA BAR, JUNE FAUDOA Defendants. COMES NOW the Defendant June Faudoa, and for her answer to the complaint filed herein, admits, denies, states and alleges as follows: 1. This Defendant admits that she is the owner of the real estate at 435 Wall Street, Eaton, CO, together with the structures thereon, and all trade fixtures, and equipment contained therein to the operation of the bar and/or restaurant. The Defendant Ms. Faudoa does not claim ownership in any alcohol or supplies, or other possessions contained therein. 2. This Defendant denies the allegations contained in paragraphs 1,2,3,4 and 5 of Plaintiff's complaint together with the incorporated allegations contained in the affidavit attached to said complaint; as the same apply to her, except in so far as admissions are made specifically herein. 3. This Defendant alleges that on or about a date in early July 1993, she leased the business, known as La Garra Bar, together with the option to purchase said property, to the Defendant Francisco Gallegos. An unsigned copy of the lease with option to purchase is attached to this answer. The signed original of said lease with option to purchase is in the possession of the Plaintiff, having been taken from this Defendant, by virtue of a search warrant, although this Defendant alleges that the removal of such document was improper, and hereby demands the return of the same. 4. This Defendant further alleges that pursuant to the search warrant, a legal weapon (i.e. an antique Derringer pistol) was taken from her possession by the Plaintiffs. There has been no showing of an improper use or possession of the same, and the Defendant demands the return of the same to her. 95133 Answer Civil Action No. Page 2 5. This Defendant further alleges that as of October 1, 1991, the property known as La Garra Bar 435 Wall Street, Eaton, CO was leased to one Juan Audon Vasquez, current address 427 Wall Street, Eaton, CO. Mr. Vasquez operated a business at that address from October 1, 1991 to October 1, 1992, when his lease expired. At that time, this Defendant leased the premises to one John Plotkin, who remained in possession of the premises from October 1992 to May 1993. In May of 1993, Mr. Plotkin abandoned the premises, and his current whereabouts are unknown to this Defendant. The premises known as La Garra Bar remained unoccupied from May 1993 until July 1993, at which time, the Defendant entered into the lease with option to purchase with one Francisco J. Gallegos. 6. Mr. Gallegos, as a part of the lease with option to purchase, has paid $10,000.00 for the purchase option as required by the document, together with rent thereon, at the amount of $600.00 per month. Mr. Plotkin paid an additional $2,500.00 toward the purchase of the property in August 1993. During the periods involved, from October 1, 1991 to the present time, this Defendant, while owner of the property, has never operated a business thereon, and in fact was inside the premises on very rare occasions, usually no more than once every two (2) months. Rental for the premises was paid to the Defendant at her residence. 7. If any illegal activity was in process by any of these parties, this Defendant was unaware of it, and denies any knowledge thereof. This Defendant denies knowledge or involvement in any illegal activity in connection with these premises, and denies any right of abatement against her, and specifically requests that the restraining order herein be lifted, so that she can proceed to dispose of the -property, and further, that she be dismissed from this action. This Defendant denies any and all other allegations contained against her herein. 8. At the time of leasing to Francisco J. Gallegos, this Defendant had another party who had expressed an interest in renting and purchasing the bar from her, specifically Beatrice Rodriguez. The Defendant June Faudoa offered the same lease with option to purchase to both Mr. Francisco J. Gallegos and Beatrice Rodriguez, and Mr. Francisco J. Gallegos was the first to pay the money and to sign the lease. 9. The Defendant has other buyers ready to purchase the property, and is being deprived of her rightful property without due process of law, and by the action of the people herein. 951338 Answer Civil Action No. Page 3 WHEREFORE, the Defendant MOVES the Court for an Order removing the restraining order herein, as it applies to the property known as La Garra Bar, 435 Wall Street, Eaton, CO, and all personal property contained therein, and permitting Ms. Faudoa to dispose of her assets in the regular course of business, dismissing Ms. Faudoa from this action, for her costs, damages, interest, and attorney's fees herein, and for such other and further relief as this Court deems just in the premises. o IA � n Respectfully submitted this l day of itiUt'I, 1994. MCINTYRE & RAWLINGS for the firm: Keit McIntyre, #3$63 Sheyffy L. Rawlings #22666 1122 Ninth Street, Suite 203 Greeley, CO 80631 (303) 352-4776 ATTORNEYS FOR DEFENDANT 951338 DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO Civil Action No. yicU/b Division MOTION FOR TEMPORARY RESTRAINING ORDER THE PEOPLE OF THE STATE OF COLORADO, Plaintiff, vs. FRANCISCO GALLEGOS dba LA GARRA BAR, JUNE FAUDOA Defendants, DISTRIC D!N WELD CO., cO`ORT JAN 1 0 1994 COMES NOW, Brandon Marinoff, Deputy District Attorney, in and for the Nineteenth Judicial District, pursuant to C.R.S. 16-13-308(1), and respectfully requests this County make and enter a Temporary Restraining Order restraining the Defendant, FRANCISCO GALLEGOS dba LA GARRA BAR AND JUNE FAUDOA, (hereinafter referred to as "Defendants"), and any other unknown person, business, partnership, or corporation having any interest in the subject matter of this action, from selling, encumbering, damaging, mortgaging, foreclosing upon or in any vas disposing, devaluing or destroying the subject matter of this action, to wit: THE LA GARRA BAR, 435 WALL STREET, EATON COLORADO,AND $3,287.33 IN DEPOSITS AT THE EATON BANK, ACCOUNT 1020-3007-0 (hereinafter referred to as the "aforementioned property"), and moves for an order directing K.S. HULSEY of the Weld County Task Force to seize and hold the aforementioned property until further order of the Court. As grounds therefore, the Plaintiff states as follows: 1) That it clearly appears from the specific facts shown by the attached Affidavit and Complaint, incorporated herein by reference, that immediate and irreparable loss, injury and damage will result to the Plaintiff unless a Temporary Restraining Order is issued. 2) That, as shown by the Affidavit of K.S. HULSEY of the Weld County Task Force, the Defendant did use the aforementioned property to facilitate the unlawful and felonious acts alleged in the Complaint. EXHIBIT 95 338 3) That there is a strong possibility that if the aforementioned property is released to the Defendant, the Defendant will attempt to sell, transfer, encumber, damage, mortgage, dispose, devalue or destroy it in order to avoid its forfeiture. 4) The aforementioned_property forming the subiert matter of this -- d actlonL is currently in the control of Weld County Taste Force and shall remain in the control of the Weld County Task Force pending final disposition of this action. 5) That the Defendant's use of the aforementioned property constitutes a class of public nuisance pursuant to C.R.S. 16-13-303 (1)(c)(I&II), (1)(d), and 18-18-108. Further, that upon a showing of the existence of a class one public nuisance, supported by Affidavit, this Court is required to issue a Temporary Restraining Order to abate and prevent a reoccurrence of the public nuisance and to adequately secure affected property. SEE C.R.S. 16-13-308(1)(a). 6) That the Court order any party or person adversely affected by this action who seeks relief pursuant to C.R.S. 16-13-308, or any other remedy, comply with the notice and setting provisions of Rule 121 of the Colorado Rules of Civil Procedure (District Court Practice Standard 1.6). THEREFORE, the Plaintiff respectfully moves this Court grant the motion for Temporary Restraining Order. A.M. DOMINGUEZ, JR. DISTRICT ATTORNEY Nineteeflth Judicial Distric randon Marinoff, #20900 Deputy District Attorney P.O. Box 1167 915 10th Street Greeley, CO 80631 303-356-4010 951338 DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO Civil Action No. MIC/ // Division No. TEMPORARY RESTRAINING ORDER THE PEOPLE OF THE STATE OF COLORADO, Plaintiff, vs. FRANCISCO GALLEGOS dba LA GARRA BAR, JUNE FAUDOA Defendants, This case coming on for hearing upon the ex parte motion of the Plaintiff, by and through Brandon Marinoff, Deputy District Attorney, in and for the Nineteenth Judicial District, to issue a Temporary Restraining Order in the City of Greeley, County of Weld, State of Colorado, the same being the place and one of the regular days prescribed by the general rules of the Court at which motions may be heard, this Court having read Plaintiff's motion finds and order: 1) That the existence of a class one public nuisance has been satisfactorily shown by the Plaintiff's Complaint and attached Affidavit. 2) That this court is empowered to enter an exparte Temporary Restraining Order, pursuant to C.R.S. 16-13-308 (1), upon such showing of a class one public nuisance. 3) That the Defendant, FRANCISCO GALLEGOS dba LA GARRA BAR AND JUNE FAUDOA (hereinafter referred to as "Defendants") and any other unknown person, business and/or corporation having an_y interest in the subject matter of this actions is ordered to refrain from attempting to sell, transfer, encumber, damage, mortgage, dispose, devalue, destroy or otherwise affect the title, interest, or condition of the subject matter of this ion. To wit (hereinafter referred to as "aforementioned property"): a) THE LA GARRA BAR, 435 WALL ST., EATON COLORADO b) $3287.33 IN DEPOSITS CURRENTLY HELD AT THE EATON BANK ACCOUNT *020-3007-0 951338 EXHIBIT r-rrC3CAv C.C. 4) That K.S. HULSEY of the Weld County Task Force, or HIS/HER designate, is hereby ordered to take the following actions forthwith: a) To seize and maintain and preserve the aforementioned property. 1) Store the aforementioned property at any impound lot or evidence storage facility in Weld County, Colorado. b) Post a copy of this order upon the aforementioned property in some obvious manner. c) Within 10 days of receiving this Order, complete an impound statement and submit it to the Court. 5) The Defendant is hereby ordered to deposit all documents of title with the Court. 6) Any party or person seeking relief from this Order pursuant to C.R.S. 16-13-308, or any other remedy, shall comply with the notice and setting provision of Rule 121 of the Colorado Rules of Civil Procedure (District Court Practice Standard 16). 7) This Temporary Restraining Order shall continue in full force and effect until further order of this Court or until dismissal of this action. Any person adversely affected by this Order may apply for a hearing, which shall be held within ten (10) days of such application. , 19 So /� at ordered is /day of �— • � — 3; o'clock L.M. in Weld Coun , •olorado. This .der is entered ex parte. BY TH DISTRICT COsRT JUDGE 951338 DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO Civil Action No. Division No. SUMMONS THE PEOPLE OF THE STATE OF COLORADO, Plaintiff, vs. FRANCISCO GALLEGOS dba LA GARRA BAR, JUNE FAUDOA Defendants, THE PEOPLE OF THE STATE OF COLORADO TO THE ABOVE -NAMED RESPONDENT: You are hereby summoned and required to file with the Clerk of this Court an answer or other response to the attached Complaint. If service of the Summons and Complaint was made upon you within the State of Colorado, you are required to file our answer or other response within 20 days after such service of this upon you. If service of the Summons and Complaint was made upon you outside the State of Colorado, you are required to file your answer or other response within 30 days after such service upon you. If you fail to file your answer or other response to the Complaint in writing within the applicable time period, judgment by default may be entered against you for the relief demanded in the Complaint without further notice. The following documents are also served herewithin: 1. Complaint to Abate a Public Nuisance (pursuant to C.R.S. 16-13-303, as amended) 2. Affidavit in Support of Complaint 3. Motion for Temporary Restraining Order 951338 4. Temporary Restraining Order 5. Rights of Continuance DATE: 191 ReRespectfully submitted, A.M. DOMINGUEZ, JR. DISTRICT YTORNEY Brandon Marinoff, 120900 DEPUTY DISTRICT ATTORNEY 915 Tenth Street, P.O. Box 1167 Greeley, Colorado 80632 (303) 356-4010 This summons is issued pursuant to Rule 4, C.R.C.P., as amended. A copy of the Complaint must be served with this summons. This form should not be used where service by publication is desired. TO THE CLERK: If the summons is issued by the Clerk of the Court, the signature block for the Clerk, deputy and the seal of the Court should be provided by stamp, or typewriter, in the space to the left of the attorney's name. 951338 DISTRICT COURT, WELD COUNTY, STATE OF COLORADO Civil Action No. q 4 C -U 11 Division 1 RETURN OF SERVICE co P-9 -a THE PEOPLE OF THE STATE OF COLORADO, Plaintiff, vs. FRANCISCO GALLEGOS dba LA GARRA BAR JUNE FAUDOA"' Defendants, is iv ioianr C; n a C J I, µ{rove , the affiant, being duly sworn states: 1. That the affiant is over the age of eighteen years and is not a party to this action. �( 2. That on �rUJ?N 2(,c I414 , at the location of Et. PPW-04 $6 TAr.aN'f If4 fer ST ERTbtl, Co. Weld County, Colorado, the affiant personally served upon the person of the Defendant, FRANCISCO GALLEGOS dba LA GARRA BAR AND JUNE FAUDOA, a copy of the attached Summons, together with a copy of the Complaint to Abate a Public Nuisance, Motion for Temporary Restraining Order, Temporary Restraining Order, Affidavit, Rights of continuance and Entry of Appearance in the above entitled action. Subscribed and sworn to beforemethis NOTARY .624 day of S J7 , 19Lf! pq commirslorc expires Oct 22, 1994. 9513• = EXHIBIT G - /1s ---34-4 H y El W z pEl y 4 H M p`y� p4 W > a CO Al zy y y W 14 O O o ,1 o c.) CO CO r4 41 y a• .-I O O ,y� H 1 O W H , M a a0 a a z O ff $ z a El a H a ~ a E z z w H fa z n a� E w w H O Z 4 H M El a° O A 4 1 1 1 1 1 1 1 1 k7 H N M eN In to 1, CO _- O N H 6 N a a It 00 0'1 WELD COUNTY EATON 35 2 3 73 26 76 a . .WAY TES 714 2 72 01 0 as iii 0 ■o II O 70 a g 0 0f /Togo \. No 1 o Lei a 39 41 . ■ a■c ■ 32 !! , a. QSa 1 ■ ■a 80 78 . 76 coca. 74 ■ a a 72 ca ` g 951338 T2 70 = g EXHIBIT O LOCATION "F" - LOG OF CRIMINAL EVENTS INFORMATION 06-25-92 Greeley Police Officer Edward Zamarripa contacted two men in Ragtown who were alleged to have bought stolen property from a Greeley resident described by his wife as a Cocaine addict. One of those men contacted was "Cherro", who identified himself as Marcos Orlando Torres-Monroy and resided at that time in a small white house just North of Tony Rosalez' house ( same property ) on E. 5th st. in East Eaton, Colorado. 11-20-92 Arrested person described Marcos "Cherro" Torres as a Ragtown Cocaine and Heroin dealer. 01-29-93 Unidentified female caller described Marcos "Cherro" Torres and his girlfriend Patricia Rocha-Gallegos as being involved in Cocaine dealing in Ragtown. 03-09-93 Unidentified caller reported "Cherro", Patty Rocha and her brother Jesus "Enrique" Rocha-Gallegos being involved in Cocaine dealing at the La Garra bar in Ragtown. 07-30-93 Patty Rocha's relative Jose "Miguel" Rosas-Morales sold Cocaine to Weld County Task Force undercover officers from the residence trailer in East Eaton, Colorado. 0-8-16-93 and 08-25-93 Fort Collins Police Department undercover Narcotics Officers followed a suspect in their illicit drugs investigations to Patty Rocha's residence trailer in Ragtown. When they contacted their suspect back in Fort Collins ( in possession of 1/2 lbs. Marijuana, one oz. Hashish and 1/2 oz. Cocaine ), the suspect admitted making two trips per week and that all dealers were relatives of Patty and Enrique. The suspect also stated that all of the dealers were carrying firearms on their persons in an open manner. 11-12-93 Juan "Pablo" Rocha-Gallegos wounded by Greeley Police SWAT personnel during Weld County Task Force illicit drugs Search Warrant execution at residence trailer ( pointed cocked revolver at officer and refused to drop the loaded weapon.) 951338 [14. EXHIBIT I -T LOCATION "A" - LOG OF CRIMINAL EVENTS INFORMATION 04-28-92 Unknown caller stated that a man named Julio Soto was assisting "Chino" ( previously identified through Greeley Police Department illicit drug arrests in 1990 and 1991 as Maurilio Casas- Calistro ) in bringing Heroin from California to an unknown residence address in Eaton, Colorado ( Ragtown. ) Chino had moved from his last known residence in the Spanish Colony to a unknown location in Ragtown. Julio Soto was not known nor positively identified at that time. 05-19-92 Crimestopper Tipster reported three identifiable Greeley residents visiting the address 455 Wall Street ( Ragtown ) to purchase drugs from a short, heavy, bleached -blonde Hispanic female. 06-25-92 Greeley Police Officer Edward Zamarripa contacted two men in Ragtown who were alleged to have bought stolen property from a Greeley resident described as a Cocaine addict by his wife. One of the men contacted was "Chino", who identified himself as Maurilio Casas-Calistro and resided at 455 Wall Street. Stolen property was recovered during the investigation ( refer GPD DR # 92-8357. ) 08-11-92 Weld County Task Force surveillance of 455 Wall Street found vehicles registered to / used by Maurilio Casas-Calistro, Miriam Juarezdevac ( aka Lidia Ovalle ) and Gonzalo Arce present. 11-20-92 Arrested person described residents of 455 Wall Street Chino and Miriam ) as quantity dealers of Heroin and Cocaine. 01-29-93 Unidentified female caller reported Maurilio "Chino" Casas-Calistro as involved in Cocaine dealing in Ragtown. 02-03-93 Arrested person reported Chino and Miriam selling Cocaine from their trailer in Ragtown. 02-09-93 Unidentified female caller reported an identifiable eighteen year old Hispanic female resident of Ragtown selling Cocaine for Chino. 03-17-93 Male Greeley resident reported four men in trailer on North side of La Garra Bar in Ragtown selling drugs. 04-06-93 Two Weld County Task Force Confidential Informants stated that Miriam Juarezdevac used young persons with no police records and who were only interested in making money to sell drugs for her. 04-07-93 Cocaine purchased from Chino by Weld County Task Force undercover personnel at North Greeley bar ( refer GPD DR # 93-5318 and 93-5358. ) 07-05-93 Crimestopper Tipster reported Chino from East Eaton 951338 selling drugs in North Greeley. 11-13-93 Chino located / charged with sales of Cocaine after residence trailer burned down shortly before Weld County Task Force Raid on 11-12-93 while he was incarcerated in Federal correctional facility for drug -related parole violations. 11-10-94 Miriam arrested / charged with multiple sales of Heroin after being located at a new residence near Fort Lupton, Colorado ( she was out of State during the Weld County Task Force Raid of November 1993 .) She sold 22 ozs. of Heroin to undercover officers in a one month period of time. 951.338 LOCATION # 1 - LOG OF CRIMINAL EVENTS INFORMATION 6-15-92 Greeley resident arrested for multiple sales of Cocaine / Heroin to Weld County Task Force undercover personnel. During one transaction, a female accomplice had driven to an unknown location in East Eaton, Colorado to obtain the drugs. When the male arrestee was contacted, he was driving the personal vehicle of John Plotkin, the alleged owner of the Bien Venidos de la Garra bar in Ragtown. 12-28-92 Unidentified female caller reported illicit drugs ( Cocaine ) being sold in the La Garra bar in East Eaton, Colorado by Marcos "Cherro" Torres and Francisco "Kiko" Gallegos. 01-29-93 Unidentified female caller reported the white male owner of the La Garra bar ( first name John ); Marcos "Cherro" Torres; Patricia Rocha; Maurilio "Chino" Casas; Jaime Gallegos -Munoz; Juvenal Soto -Gallegos and Francisco "Kiko" Gallegos being involved in the sale of Cocaine in Ragtown. 02-03-93 Arrested person described "Cherro" as the boyfriend of Patricia Rocha; a quantity dealer of Heroin and Cocaine; and a part owner of the La Garra bar in East Eaton, Colorado. 02-05-93 A Greeley woman reported a possible restraining order violation by her estranged husband John Plotkin, owner of the La Garra bar in East Eaton, Colorado ( refer GPD DR # 93-1917. ) 02-09-93 Unidentified female caller reported John and Cherro arguing about the management of the La Garra bar and an eighteen year old female Ragtown resident selling Cocaine for Cherro. 03-09-93 Unidentified caller reported Cherro, Patricia and Enrique Rocha involved in dealing drugs in the kitchen of the La Garra Bar. 03-17-93 Male Greeley resident reported the owner of the La Garra bar selling Cocaine. 04-17-93 John Plotkin's estranged wife reported a burglary to her home, listing as a possible suspect a man from Denver who had been involved in illicit drugs with her husband. She stated her husband had been a user of Heroin ( refer GPD DR # 93-5842.) 04-28-93 Bridal Shower for Patricia and Cherro scheduled to be held at the La Garra bar. 09-17-93 Federal arrestee in Wyoming reported buying Methamphetamine ( in 1 - 2 pound quantities ) at least five times from Cherro in East Eaton, Colorado and later at the Spanish Colony. All persons making the sales to him were relatives of Cherro's and were carrying firearms openly. The drug sales also included Marijuana and Cocaine. 951.336 EXHIBIT �l 563 11-12-93 Weld County Task Force Search Warrant executed at the La Garra bar and alleged stolen beer recovered ( had been traded by undercover officer to Francisco "Kiko" Gallegos for ounces of Cocaine.) 951338 Legend for East Eaton, Co. ( Ragtown ) locations indicated on the diagram during the approximate time period April 1992 through November 1993. ( read clockwise from bottom left ) as - residence of Esther Mares -Perez ( daughter of Matilda Perez de Mares. ) bb - residence of Audon Garcia Vasquez and Matilda Perez de Mares. C and 1. - Bien Venidos de la Garra bar. Site of sales of cocaine to Weld County Drug Task Force undercover officers by Francisco "Kiko" Gallegos ( Liquor License holder and Brother-in-law of June Faudoa.) June Faudoa is the owner of the building and her sister Mary Ann Rodriquiz resides in an apartment in the Northern section of the building. D. - residence of Erma "Linda" and Eloy Soto -Gallegos during initial investigation, later used by another brother Juan Francisco Soto -Gallegos and his wife Melissa Manzanares. Site of Search Warrant execution where illicit drugs were recovered and arrests made ( case still pending. ) Lot is owned by June Faudoa's sister Betty Gallegos. A. - residence of Maurilio "Chino" Casas-Calistro and wife Miriam Juarez de Vac. First site of illicit drug sales reported by anonymous tipster during April 1992. Residence burned to the ground several days before the Task Force Raid of November 12, 1993. Chino and Miriam arrested and charged at separate locations in Colorado at later dates for sales of Cocaine and Heroin to undercover personnel. Lot is owned by June Faudoa's sister Betty Gallegos. cc - unoccupied residence owned by Angel Lynn Hickey. 6. - residence trailer owned by Abraham "Chato"-Morales-Loya June Faudoa's cousin by marriage.) F. - residence of: Patricia Rocha-Gallegos, Rosalio "Chalio" Rocha-Gallegos, Jesus "Enrique" Rocha-Gallegos, Juan "Pablo" Rocha-Gallegos and Jose "Miguel" Rosas-Morales. Site of numerous sales of Cocaine to undercover personnel, Search Warrant execution during Task Force Raid, illicit drugs/stolen property recovered and arrests made. Owner is June Faudoa's sister Betty Gallegos. E. - residence of Juvenal "Juve" Soto -Gallegos andwifeNorma Linda Sifuentez. Site of SearchWarrantexecution during Task Force Raid, illicit drugs/stolen property/cash seized and arrests were made. Owner is June Faudoa's sister Betty Gallegos. 5. residence of June Faudoa's sister Betty Gallegos and her estranged husband Francisco "Kiko" Gallegos. "Kiko" arrested at this location during Task Force Raid of November 1993. Owned by Betty Gallegos. B. - residence initially of Marcos "'Cherro" Torres-Monroy ( June 1992 ) where stolen property was recovered. "Cherro" later moved in with his girlfriend Patty Rocha-Gallegos ( location F ), went to Mexico to marry her and both were arrested at new residence in the Spanish Colony during Task Force Raid of November 1993 ( illicit drugs/stolen property/cash seized. ) Owner is June Faudoa's father Tony Rozales. 3. - residence of/owned by June Faudoa's father Tony Rozales. dd - residence of George Morado family. ee - Church ff - residence trailer of Gail Gomez ( previous owner is Gail's father Paul Gomez.) gg - residence of unidentified Hispanic male. Owner is Guadalupe "Lupe" Gutierrez. hh - residence of Jenny Martinez. Previous owner is Christina Delatorre. ii - residence of Guadalupe "Lupe" Gutierrez and sister Alice Rodriquez. Owned by "Lupe" Gutierrez. 2. - residence of/owned by June and Domingo Faudoa. 7. residence of June Faudoa's nephew Simon Raymond Reyes ( converted Community Center building now being used as apartments.) Owned by June Faudoa's father Tony Rozales. 4. - residence of June Faudoa's sister Evelyn Reyes and husband Simon Gonzales Reyes. It should be noted that all residences/businesses ( solid orange ) and properties believed to be owned ( striped orange ) by June Faudoa's family members ( by blood or by marriage ) are indicated to the best of this officer's knowledge. Sites of proven criminal activity ( solid green / green outline ) are also indicated. Prepared by Criss Clinton 0034 / Weld County Task Force / 061595. 951338 MEmORAIMU Wi`DCt COLORADO To Board of County Commissioners Date June 6, 1995 From Bruce T. Barker, Weld County Attorney Liquor License Application, June Faudoa, d/b/a LaGarra Bar Subject The tavern liquor license for the LaGarra Bar, located at 435 Wall Street in Eaton, Colorado was revoked by the State of Colorado Liquor Licensing Authority on December 1, 1993. At that time, the license was held by Francisco J. Gallegos. The premise was owned by June Faudoa and leased to Mr. Gallegos. In November, 1993, the Weld County Drug Task Force, with the assistance of the Division of Liquor Enforcement, seized the premises. The liquor license was then revoked through administrative action by the Liquor Enforcement Division. The Weld County Drug Task Force filed an action in 1994 against Ms. Faudoa to obtain a forfeiture of the premises. The forfeiture proceeding was in Case Number 94 -CV -11 in the Weld District Court. By order of the Court on March 21, 1995, the premises was returned to June Faudoa and the case was dismissed. A copy of the order is attached. Therefore, it is my opinion that the real property located at 435 Wall Street is currently owned by June Faudoa. BTB/db:lagarra Attachment Weld County Attorney 951338 7-41 DISTRICT COURT, WELD COUNTY, STATE OF COLORADO CASE NO. 94 CV 11 DIVISION IV ORDER THE PEOPLE OF THE STATE OF COLORADO Plaintiff, v. FRANCISCO GALLEGOS d/b/a LA GARRA BAR, JUNE FAUDOA, Defendants. THIS MATTER having come before the Court on the Defendant's MOTION FOR SUMMARY JUDGMENT, and the Court being fully advised in the premises, does hereby find as follows: 1. A Motion for Summary Judgment was filed herein by Defendants on October 14, 1994. 2. Said Motion for Summary Judgment was accompanied by Affidavit. 3. No contrary Affidavits were filed herein at any time by the People. 4. At hearing '.herein on March 8, 1995, Deputy District Attorney Brandon Marinoff, through the law clerk of this Court and through counsel for Defendant, Keith A. McIntyre, indicated his desire to have the action herein dismissed as to June Faudoa. IT IS THEREFORE ORDERED that: 1. This action is dismissed as to June Faudoa. 2. The following property is ordered returned to Defendant June Faudoa: a. one (1) antique Derringer pistol; b. the property known as La Garra Bar, 435 Wall Street, Eaton, Colorado, together with all personal property contained therein and owned by June Faudoa. IT IS FURTHER ORDERED that this Court retains such jurisdiction of this matter as required by law, and that this matter is dismissed with prejudice against the claims of the Plaintiff hereit gainst June Faudoa. 951338 ORDER DISTRICT COURT, 94 CV 11 PAGE TWO Dated and signed this yki ]�6 951338 CRSA Sec. 12-18-101, License required Page 1 C.R.S.A. Sec. 12-18-101 WEST'S COLORADO REVISED STATUTES ANNOTATED TITLE 12. PROFESSIONS AND OCCUPATIONS GENERAL ARTICLE 18. DANCE HALLS Current through all 1994 Second Regular Session laws Sec. 12-18-101. License required No person, partnership, or corporation shall operate, conduct, carry on, or maintain a public dance hall, booth, pavilion, or other place where public dances are held without first obtaining a license therefor. Any person, firm, or corporation desiring such license shall make -application therefor in writing to the board of county commissioners of the -county in which such public dance hall, booth, pavilion, or other place is proposed to be located. Such application shall state the name and address of the -applicant, if a person, the names and addresses of all the persons composing the partnership, if a partnership, -and the names and addresses of the officers and directors of the corporation, if a corporation, a full description of the place and premises at which it is proposed to conduct and carry on such public dances, and the term for which such license is desired. The board of county commissioners has the authority, within its discretion, to grant such license to such applicant for the current calendar year or part thereof unexpired upon the payment by said -applicant of a fee of twenty-five dollars to the county treasurer. Such license shall authorize the person, firm, or corporation receiving it to operate, conduct, and carry on a public dance hall, booth, or pavilion at such place for the term from the date of its issue to the end of the current calendar year for which it is issued. This article shall not apply to incorporated cities and towns. CREDIT(S) 1990 Main Volume (Laws 1927, S.B.99, Sec. 1.) PRIOR COMPILATIONS 1990 Main Volume Prior Compilations: C.S.A.1935, c. 51, Sec. 1; C.R.S.1953,Sec. 36-17-1; CR.S.1963, Sec. 36-17-1. REFERENCES CROSS REFERENCES 1990 Main Volume Operating business or occupation without a license, penalty,.see Sec. 12-51-106. ANNOTATIONS NOTES OF DECISIONS Application 2 Validity / 1. Validity *13951 Statute penalizing operation of dance hall without license from county commissioners, save in incorporated towns and cities, held based on valid classification (Laws 1927, p. 577). Dwyer v. People, 1927, 261 P. 858, 82 Colo. 574. The tendency of public dance halls, uncontrolled, is to weaken morals and breed disorder and indolence; they may be regulated or entirely prohibited under the police power, and statutes providing for licensing them arc not vulnerable to the objection that they -are unconstitutional. Dwyer v. People, 1927, 261 P. 858, 82 Colo. 574. 2. Application If a person is injured by unlawful action, or failure of county commissioners to act on his application for a license for a public dance hall, the writs of certiorari and mandamus are available remedies. Dwyer v. People, 1927, 261 P. 858, 82 Colo. 574. Copyright © West Publishing Co. 1995 No claim to original U.S. Govt. works. 951338 WEST LAW CRSA Sec. 12-18-102, License not transferable Page 1 C.R.S.A. Sec. 12-18-102 WEST'S COLORADO REVISED STATUTES ANNOTATED TITLE 12. PROFESSIONS AND OCCUPATIONS GENERAL ARTICLE 18. DANCE MALLS Current through all 1994 Second Regular Session laws Sec. 12-18-102. License not transferable No -license issued under the provisions of this article shall be assigned or transferred by the person, firm, or corporation to whom it is issued, and no license shall be available or used for more than one particular place, building, or premises described in the application and in such license. CREDIT(S) 1990 Main Volume (Laws 1927, S.B.99, Sec. 2.) PRIOR COMPILATIONS 1990 Main Volume Prior Compilations: C.S.A.1935, c. 51, Sec. 2; C.R.S.1953, Sec. 36-17-2; C.R.S.1963, Sec. 36-17-2. Copyright © West Publishing Co. 1995 No claim to original U.S. Govt. works. 951338 WESTLAW CRSA Sec. 12-18-103, Revocation of licenses C.R.S.A. Sec. 12-18-103 WEST'S COLORADO REVISED STATUTES ANNOTATED TITLE 12. PROFESSIONS AND OCCUPATIONS GENERAL ARTICLE 18. DANCE HALLS Current through all 1994 Second Regular Session laws Sec. 12-18-103. Revocation of licenses The board of county commissioners issuing such licenses has full power and authority, at its discretion, to revoke and cancel any license issued by such board under this article whenever such board, by proper resolution, determines that the public morals or public safety or public health of the community requires such revocation or cancellation. CREDIT(S) 1990 Main Volume (Laws 1927, S.B.99, Sec. 3.) PRIOR COMPILATIONS 1990 Main Volume Prior Compilations: C.S.A.1935, c. 51, Sec. 3; Page 1 C.R.S.I953, Sec. 36-17-3; C.R.S.1963, Sec. 36-17-3. ANNOTATIONS NOTES OF DECISIONS Morals 3 Power of board 2 Validity / I. Validity Statute authorizing county board, in its discretion, to revoke dance hall license held not violation of due process clause (Laws 1927, pp. 577, 578, Secs. 1, 3). Dwyer v. People, 1927, 261 P. 858, 82 Colo. 574. 2. Power of board The board of county commissioners has full power to grant, refuse, revoke or cancel licenses for public dance halls. Walker v. Hunter, 1929, 283 P. 48, 86 Colo. 483. 3. Morals Petition to deny license to and close dance hall because of immoral conditions rendering it a public nuisance held conditionally privileged (Laws 1927, p. 577). Walker v. Hunter, 1929, 283 P. 48, 86 Colo. 483. Copyright (C) West Publishing Co. 1995 No claim to original U.S. Govt. works. 951338 WESTLAW CRSA Sec. 12-18-104, Penalty Page 1 C.R.S.A. Sec. 12-18-104 WEST'S COLORADO REVISED STATUTES ANNOTATED TITLE 12. PROFESSIONS AND OCCUPATIONS GENERAL ARTICLE 18. DANCE HALLS Current through all 1994 Second Regular Session laws Sec. 12-18-104. Penalty Any person violating any of the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than twenty-five dollars nor more than three hundred dollars for each offense, or by imprisonment in the county jail for not less than ten days nor more than thirty days for each offense, or by both such fine and imprisonment. CREDIT(S) 1990 Main Volume (Laws 1927, 5.13.99, Sec. 4.) PRIOR COMPILATIONS 1990 Main Volume Prior Compilations: C.S.A.1935, c. 51, Sec. 4; C.R.S.1953, Sec. 36-17-4; C.R.S.1963, Sec. 36-17-4. ANNOTATIONS NOTES OF DECISIONS Validity / 1. Validity Statue penalizing operation of dance hall without license from county commissioners held valid police regulation (Laws 1927, pp. 577, 578, Sees. 1, 3). Dwyer v. People, 1927, 261 P. 858, 82 Colo. 574. Copyright © West Publishing Co. 1995 No claim to original U.S. Govt. works. 951338 WESTLAW CRSA Sec. 12-18-105, Jurisdiction Page 1 C.R.S.A. Sec. 12-18-105 WEST'S COLORADO REVISED STATUTES ANNOTATED TITLE 12. PROFESSIONS AND OCCUPATIONS GENERAL ARTICLE 18. DANCE HALLS Current through all 1994 Second Regular Session laws Sec. 12-18-105. Jurisdiction The county court of the county wherein such licenses are issued has full jurisdiction to by and punish all cases for violation of the provisions of this article, subject to the right of appeal in such cases as provided by law. CREDIT(S) 1990 Main Volume (Laws 1927, S.B.99, Sec. 5; Laws 1964, S.B.27, Sec. 55.) PRIOR COMPILATIONS 1990 Main Volume Prior Compilations: C.S.A.1935, c. 51, Sec. 5; C.R.S.1953, Sec. 36-17-5; CR.S.1963, Sec. 36-17-5. Copyright © West Publishing Co. 1995 No claim to original U.S. Govt. works. 951338 gayj® I I I ■ I ■ ■ ■ a ■ ■ ■ WELD COUNTY oct'Air COLORADO ZONING ORDINANCE JUNE 28, 1994 951338 I I I r I r I I I I r I r r I I r SECTION 70 71 72 73 74 TABLE OF CONTENTS Non -Conforming Lots, Uses and Structures Intent Non -Conforming Lots Non -Conforming Uses of Land Non -Conforming Structures 75 Non -Conforming Uses of Structures PAGE 70-1 70-1 70-1 70-1 70-2 70-3 76 Uses Allowed by Special Review Permit are not Non -Conforming Uses 70-5 951338 r I I I r I I I i l I I 70 Non -Conforming Lots, Uses, and Structures 71 Intent. Within the zoning districts established by this Ordinance or amendments thereto, there exist LOTS, STRUCTURES. USES of land or STRUCTURES, and characteristics of USE which were lawful before zoning regulations were passed or amended, but which would be prohibited, regulated, or restricted under the terms of this Ordinance or future amendment. It is the intent of this Ordinance to permit these non -conformities to continue until they are removed or abandoned, but not to encourage their survival. It is further the intent of this Ordinance that non -conformities shall not be enlarged upon, expanded or extended, nor be used as justification for adding other STRUCTURES or USES prohibited elsewhere in the same zoning district. Non- conforming USES are declared by this Ordinance to be incompatible with permitted USES in the zoning districts involved. 72 73 Non -Conforming Lots. In any district in which SINGLE FAMILY DWELLINGS are permitted, a SINGLE FAMILY DWELLING and customary accessory STRUCTURES may be erected on any single LEGAL LOT, notwithstanding limitations imposed by other provisions of this Ordinance. This provision shall apply even though such LOT fails to meet the requirements for LOT area that are applicable in the zoning district, provided that Bulk Requirements other than those which apply to LOT area shall be met. Variance of Bulk Requirements shall be obtained only through action of the Board of Adjustment. Non -Conforming Uses of Land. Where at the time of passage of this Ordinance, or of passage of future amendments of this Ordinance, a lawful USE of land exists which would not be permitted by the regulations imposed by this Ordinance or future amendment, the USE may be continued so long as it remains otherwise lawful provided the following conditions are met: 73.1 Extension or expansion. 73.1.1 No such non -conforming USE shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Ordinance without first having received a Special Review Permit pursuant to the procedure established in Section 24. 70-1 953.338 73.2 73.1.2 73.1.3 A non -conforming USE shall not be extended or enlarged after adoption or amendment of this Ordinance by erection of additional SIGNS intended to be seen from off the premises, or by the addition of other USES which would be prohibited in the zoning district involved. No such non -conforming USE shal or in part to any portion of other than that occupied by effective date of adoption or Ordinance. Substitution of USES 73.2.1 73.2.2 I be moved in whole the LOT or parcel such USE at the amendment of this A non -conforming USE may as a Use by Special Review be changed to another USE which does not conform to the USES allowed in the zoning district provided that the Board of County Commissioners shall find that the proposed USE is equally appropriate or more appropriate to the zoning district and NEIGHBORHOOD than the existing non- conforming USE. In permitting such change, the Board of County Commissioners may require appropriate conditions and safeguards in accord with the provisions of this Ordinance. Whenever a non -conforming USE is replaced by a permitted USE the non -conforming USE may not be re-established. The permitted USE shall thereafter conform to the provisions of this Ordinance. 73.3 Abandonment. If any such non -conforming USE of land ceases for any reason for a period of more than six (6) months, any subsequent USE of such LOT or parcel shall conform to the regulations specified by this Ordinance for the zoning district in which such LOT or parcel is located. 74 Non -Conforming Structures. Where a lawful STRUCTURE exists at the effective date of adoption or amendment of this Ordinance that could not be be built under the terms of this Ordinance by reason of restrictions on area, LOT coverage, height, its location on the LOT, or other requirements concerning the STRUCTURE, such STRUCTURE may continue toexistso long as it remains otherwise lawful, subject to the following provisions: 70-2 951338 74.1 Repair and Restoration. Should such nonconforming STRUCTURE or non -conforming portion of a STRUCTURE be destroyed by any means to an extent more than fifty percent (50:) of its replacement cost at time of destruction, it shall not be restored except in conformance with the provisions of this Ordinance. Ordinary repairs the value of which do not exceed fifty percent (50%) of replacement cost of the STRUCTURE may be permitted. 74.2 Expansion or enlargement. No such non -conforming STRUCTURE or non -conforming portion of a STRUCTURE may be expanded, enlarged or altered in a way which increases its non -conformity, except that those STRUCTURE(S) that are non -conforming by reason of non- compliance with existing SETBACK requirements may be expanded or enlarged so long as such expansion or enlargement does not further diminish the non -conforming SETBACK. No expansion or enlargement of STRUCTURE(S) shall be allowed within an existing right-of-way. 74.3 Substitution of STRUCTURES. Should such non- conforming STRUCTURE be moved for any reason, for any distance whatever, it shall thereafter conform to the regulations for the zoning district in which it is located after it is moved. 74.4 Existing Building Permits. To avoid undue hardship, nothing in this Ordinance shall be deemed to require a change in the plans or construction of any STRUCTURE on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Ordinance and upon which actual construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing STRUCTURE has begun preparatory to construction, such excavation, demolition or removal shall be deemed to be actual construction provided a building permit for the new STRUCTURE has been issued and the preparatory work is carried on diligently. 75 Non -Conforming Uses of Structures. If a lawful USE of a STRUCTURE or STRUCTURE and premises in combination exists on the effective date of adoption or amendment of this Ordinance that would not be allowed in the zoning district under the terms of this Ordinance, the USE of such STRUCTURE or STRUCTURE and premises may be continued so long as it remains otherwise lawful, subject to the following provisions: 75.1 Repair and Restoration. An existing STRUCTURE devoted to a USE not permitted by this Ordinance in the zoning district in which it is located which is destroyed by any means to an extent greater than fifty percent (50S) of its replacement cost at time of 70-3 951338 destruction shall not be restored except to gain conformance with all provisions of this Ordinance. The non -conforming USE may not be re-established after restoration. Ordinary repairs, the value of which do not exceed fifty percent (50%) of replacement cost of the STRUCTURE may be permitted. 75.2 Expansion or Enlargement 75.2.1 A non -conforming USE may be extended throughout any parts of a STRUCTURE which were manifestly arranged or designed for such USE at thetime of adoption or amendment of this Ordinance, but no such USE shall be extended to occupy any land outside such STRUCTURE without first having received a Special Review Permit pursuant to the procedures established in Section 24. 75.2.2 A non -conforming USE shall not be extended or enlarged after adoption or amendment of this Ordinance by erection or attachment of additional SIGNS intended to be seen off the premises, or by the addition of other USES which would be prohibited in the zoning district involved. 75.2.3 No such non -conforming USE shall be moved in whole or in part to any portion of the LOT or parcel other than that occupied by such USE on the effective date of adoption or amendment of this Ordinance. 75.3 Substitution of USES 75.3.1 A non -conforming USE may, as a Use by Special Review, be changed to another USE which does not conform to the USES allowed in the zoning district. Provided. however, that the Board of County Commissioners shall find that the proposed USE is equally appropriate or more appropriate to the zoning district and NEIGHBORHOOD than the existing non -conforming USE. In permitting such change, the Board of County Commissioners -may require appropriate conditions and safeguards in accord with the provisions of this Ordinance. 7O-4 951338 75.3.2 Whenever a non -conforming USE is replaced by a permitted USE the non -conforming USE may not be re-established. The permitted USE shall thereafter conform to the provisions of this Ordinance. 75.4 Abandonment. When a non -conforming USE of a STRUCTURE or STRUCTURE and premises is discontinued or abandoned for any reason for a period of more than one (1) year. any subsequent USE of such STRUCTURE or STRUCTURE and premises shall conform to the regulations specified by this Ordinance for the zoning district in which such STRUCTURE or STRUCTURE and premises is located. 76 Uses Allowed by Special Review Permit are not Non -Conforming Uses. 76.1 Any USE which lawfully exists at the time of adoption of this Zoning Ordinance and, as a result of an amendment to the map of the Zoning Ordinance (pursuant to Section 21). which would require a Special Review Permit in the zone district in which it is located under the provisions of this Zoning Ordinance shall not be deemed a non -conforming use, but shall, without further action, be considered as having received a Special Review Permit and may be continued with all rights and privileges under the provisions of this Zoning Ordinance. The Planning Commission may authorize development standards for any such Special Review Permit to insure continuity of the operation and continuity of any prior conditions to which the operation may have been subject. However, no such USE may be expanded, or enlarged without first obtaining a Special Review Permit in accordance with the requirements of this Zoning Ordinance. 70-5 95 13.'3R The best and most general overview of liquor practice is in the Liquor and Beer Licensing Law Practice published by the Colorado Municipal League. This costs $40.00 for non-CML members and $20.00 for associate members. An order form for this publication is also attached to the materials. GENERAL The statutory authority for liquor licenses contained in Articles 46, 47 and 48 of Title 12 of the Colorado Revised Statutes. These Articles cover beer (3.2%), liquor, and special events, respectively. The provisions of each article generally parallel each other, but there are some significant differences between the articles. I am not going to attempt to do an exhaustive review of the Liquor Articles of Title 12 in this paper, but I will attempt to point out some significant points. Additionally, there are Department of Revenue Regulations which supplement each of these Articles. DEFINITIONS There are several definitions that have specific and significant meaning in Colorado Liquor Law. These include: "fermented malt beverage": This is the term of art used to describe 3.2% beer (512-46-103(1.5), C.R.S.) "malt liquor": This is beer that contains more than 3.2% of alcohol by weight. It is sometimes referred to as "statutory beer" (512-47-103(11), C.R.S.). "premises": These are a specific and definite location which may be a building, part of a building, or "any other definite contiguous area" (512-47-103(15), C.R.S.). See also "licensed premises", (512-47-103(7), C.R.S.). "sell or sale": to convey in any manner except as a gift (512-47- 103(24), C.R.S.). INITIAL LICENSING There are a large number of different liquor and beer licenses, but the commonest licenses are retail liquor store license (512-47-116, C.R.S.), tavern license (512-47-119.5, C.R.S.), hotel and restaurant license (512-47-119, C.R.S.), special events license (512-48-101, C.R.S.), and 3.2% licenses (512-46-117, C.R.S.). The application for a liquor license is "received" at a meeting of the local liquor license authority, either the Board of County Commissioners or a County Liquor Board. This "receipt" of the application triggers several time limits. 2 951338 It is usual that at the same meeting that the application is "received", the local liquor license authority sets the boundaries of the "neighborhood" of the application. In a built up area, this may be as little as a half mile, or in a rural area it may be as much as the entire county. The purpose of setting boundaries to the "neighborhood" is that only residents of the neighborhood or individuals who own or manage business in the neighborhood are parties in interest who may testify or comment on the issuance of the license. Therefore, failure to set neighborhood boundaries may result in individuals expressing opinions to the local liquor licensing authority who do not really have a valid interest in whether the license is issued or not. Under several conditions, an application may not be received by the local liquor licensing authority. First, if the same location has been turned down for a previous license application based on the needs and desires of the neighborhood within the preceding two years, the application may not be received. (S12 -47-138(a), C.R.S.). Second, that the applicant cannot establish that he or she has possession of the premises. (S12 -47-138(b), C.R.S.) Third, that the location is not permitted under local zoning laws. (S1the 5002feetlof(a)schools.) or college. fourth, that on C.R.S within In evaluating a new license application, it should be noted that generally multiple licenses of the same type are prohibited. That is, a person cannot have a financial interest in another license. Exceptions to this are hotel and restaurant licenses and 3.2% beer licenses. A common violation of this prohibition is a private sale of a tavern or liquor store where the previous owner carries the note on the sale and then later requests a license for a new operation at a different location. See: 512-47-129, C.R.S. and Nobel. Inc. v. Colorado Department of Revenue, 652 P.2d 1085 (Colo. 1982). Once the application has been received by the local liquor licensing authority, a public hearing on the application must be held not less than 30 days from the date of the reception. (512- 47-136(1), C.R.S.). Public notice of the hearing must be published and the proposed premises posted by the local authority not less than 10 days prior to the date of the hearing. When the public hearing is held, it is the burden of the applicant to make a prima facie case that the granting of the license will meet the reasonable needs and desires of the residents of the neighborhood for the particular type of license. National Convenience Stores, Inc. v. City of Englewood, 556 P.2d 476 (Colo. 1976), Board of County Commissioners v. National Tea Company, 367 P.2d 909 (Colo. 1962). This prima facie showing usually consists of the applicant presenting petitions or testimony from the residents of the neighborhood in favor of the issuance of the 3 951338 license. However, there is no requirement that a particular method be used to make the prima facie case. Once the applicant has made his or her prima facie case, persons in interest may testify against the issuance of the license. Also, letters and petitions either in favor of or opposing the license may be received by the local liquor licensing authority. It should be emphasized that opposing petitions are not a vote of the neighborhood. The number of persons signing a petition either for or against the issuance of a license is not determinative or diapositive as to the desires of the residents of the neighborhood. Vigil v. Burress, 404 P.2d 147 (Colo. 1965). Also, opposition based on speculation and testimony based solely on an abhorrence to alcoholic beverages and opposition to the granting of any liquor license has been considered by the courts to be irrelevant and should not be considered. National Convenience Stores v. Englewood. supra, Ladd v. Board of County Commissioners, 361 P.2d 627 (Colo. 1961), Self Land Corporation v. City of Westminster City Council, 746 P.2d 1353 (Colo.App. 1987). In addition to the reasonable needs and desires of the neighborhood, the liquor authority may and should consider whether the applicant is of "good moral character". This also includes stock holders (10% or more) and officers of a corporation or persons holding financial interest in the license. "Good moral character" is a concept which is particularly resistant to strict definition. It would appear that under §24-5-101 and §12-47- 137(2)(a), C.R.S. that any blots on a person's record, such as a criminal conviction, must have a rational connection with the person's ability to conduct business under the proposed liquor license. See also Wadlow v. Hartman, 551 P.2d 201 (Colo. 1976). It should be remembered that a new license hearing, as well as any other hearings before a local liquor licensing authority, is a quasi judicial proceeding which may be challenged under Rule 106, C.R.C.P. Therefore, the proper role of a legal advisor to a liquor licensing authority is to insure that a good record is made. The proceedings should be, at a minimum, recorded. However, if it appears that the application is controversial and an appeal may be taken by either the applicant if the license is denied or by opponents if the license is granted, a court reporter should record the proceedings. Also, particularly in the event of a denial, the liquor licensing authority should make findings of fact supporting its decision. These should also be made if there has been significant opposition to the granting of the license and the license is granted and may be appealed by the opponents. It should be emphasized that the effect on existing liquor outlets through increased competition is not a criteria which may be considered except in the case of a second or subsequent hotel restaurant license issued to the same license holder. Also, the economic wisdom of granting the license should not be a criteria 4 951338 upon which the decision to issue the license is based. That is, the authority should not consider whether the licensee will be economically successful or not. Finally, if there is a member of the county commission when it is sitting as a local liquor licensing authority who has a basic abhorrence of alcohol or an opposition to all liquor licenses, that person should recuse themselves from the decision or, at worst, state that they are making the decision in their official capacity and are not being influenced by their own personal beliefs. SHOW CAUSE HEARINGS A hearing for the license holder to show cause why his or her license should not be suspended or revoked may be held if the local liquor licensing authority has probable cause to believe that a statutory or regulatory requirement has been violated. Violations are often based on the Colorado Department of Revenue Liquor Licensing Regulations rather than a specific statutory section. For example, §12-47-128(5)(c)(i), C.R.S. prohibits sales, service or distribution of liquors after licensed hours, while mere consumption of alcoholic beverages after licensed hours is prohibited by Regulation 47-128.2. The commonest violations of the liquor code and regulations are sales or service to minors or visibly intoxicated persons, service or consumption after hours, and gambling violations. When a possible violation has been brought to the attention of the local liquor licensing authority, either through law enforcement agencies or the report of citizens, or otherwise, and the authority finds that there is probable cause that a violation was committed, a date is set for a show cause hearing. Prior to the hearing, due process requires that the licensee be given notice of the hearing and the alleged charges against the license and be notified 'Chroma dthat he has an opportunity to be heard. (§12-47-110(1)(2), Corporation v. County of Adams, 543 P.2d 83 (Colo.App• 1975). A sample show cause notice is included in the materials. Liquor Regulations 47-110.1.C sets out the procedure to be used in a show cause hearing. Although the proceeding is denominated, a show cause hearing, which would imply that the licensee has the burden and would therefore present his evidence first, the proceeding is conducted similarly to a regular criminal or civil proceeding. The evidence supporting the exam nationsto the licensee, right must be given first, with the followed by evidence cross- examination defense If the authority finds, by a preponderance of the evidence, that a violation has occurred, it may suspend the license for up to six months or revoke the license. If a violation is found to have 5 951338 POLICE Aisk THE TOWN OF EATON COLORADO C: r. u CLEFic TO THE r2,11: EATON POLICE DEPARTMENT P.O. Box 776 - 223 1st EATON, COLORADO 80615 (303) 454-2212 (Fax) (303) 454-3339 Rod R. Hawkins CHIEF OF POLICE 27TH MAY, 1995 BOARD OF COMMISSIONERS, WELD COUNTY COLORADO. THE PURPOSE OF THIS LETTER IS TO EXPRESS OUR CONCERNS AND OBJECTIONS RE: THE CONSIDERATION OF APPROVAL FOR A LICENSE TO SERVE AND SELL LIQUOR FROM A LOCATION WHICH VIRTUALLY BORDERS OUR COMMUNITY. THIS ESTABLISHMENT IS LOCATED AT 435 WALL ST. IN "EAST EATON", COLORADO 80615. IT HAS BEEN KNOWN AS "EL PARAISO", "LA PALOMA", "LA GARRA" AND "BIEN VENIDOS BAR"... OVER THE YEARS, THE OPEN OPERATION OF THIS ESTABLISHMENT HAS BEEN THE SIGHT OF MANY DISTURBANCES, ASSAULTS, D.U.I. RELATED TRAFFIC INCIDENTS, DRUG TRANSACTIONS, FIGHTS AND GENERAL MISCONDUCT. THE CLOSE PROXIMITY OF THIS ESTABLISHMENT TO THE TOWN OF EATON HAS RESULTED IN THE UNDESIRABLE MOVEMENT OF THESE TYPES OF PROBLEMS INTO THE EATON COMMUNITY AS A DIRECT RESULT OF THE ESTABLISHMENTS OPEN OPERATION. THE EATON POLICE DEPARTMENT STRONGLY OBJECTS TO THE REQUEST FOR LICENSE TO OPERATE THIS BUSINESS. ROD R. HAWKINS CHIEF OF POLICE EATON POLICE DEPT. 223 1ST. STREET EATON, CO. 80615 (970) 454-2212 SINCERELY, D.J. EMMONS PATROL SERGEANT EATON POLICE DEPT. 223 1ST. STREET EATON, CO. 80615 (970) 454-2212 ea. &ccj`Ci , .oz.; so Sautva- iCaca axateel IcVfl 951338 EATON WELD COUNTY EATON 73 76 74 72 a 35 • • 26 • as S. o • . WA Y TES as 2 II 0 al 70 N° °° a ■a• a O S- nug ■O iaDl al • 37 W 39 41 a•( 80 78 ° 76 •000• v a 74 lD yoT a 1aa � a•2 70 t R/ • I 1 79 41 951338 ( � MEMORAN MM hiDeTO: Board of County Commissioners ,.v S iCl COLORADO From: Keith A. Schuett, Current Planner II j 4 SUBJECT: Liquor license renewal LC 1-6 June M. Faudoa, DBA La Garra Bar Located on Lots 12 - 13 Block 3 East side addition to the town of Eaton. This area is zoned A(Agricultural) and the use of the property for a bar is not a use allowed by right or accessory use. The bar has not been in operation since December of 1993 any non -conformity would have been lost. Section 73.3 and Section 75.4 of the Weld County Zoning Ordinance states: 73.3 Abandonment. If any such non -conforming USE of land ceases for any reason for a period of more then six (6) months, any subsequent USE of such LOT or parcel shall conform to the regulations specified by this Ordinance for the zoning district in which such LOT or parcel is located. 75.4 Abandonment. When a non -conforming USE of a STRUCTURE or STRUCTURE and premises is discontinued or abandoned for any reason for a period of more than one (1) year, any subsequent USE of such STRUCTURE or STRUCTURE and premises shall conform to the regulations specified by this Ordinance for the zoning district in which such STRUCTURE or STRUCTURE and premises is located. To establish the use as a bar a change of zone and a site plan review permit would need to be submitted , reviewed, and approved. The site plan review would need to address issues of the performance standards of the appropriate zone district such as parking and landscaping. The use of the structure could be those uses allowed by right in the A (Agricultural) zone district such as a single family residence. 951338 DATE: MAY 22, 1995 TO: ROSEMARY LOPER, RECORDS FROM: OFFICE OF WELD COUNTY CLERK TO THE BOARD SUBJECT: LIQUOR LICENSE CHECKS Please run a records check on the following establishment for any any incident reports associated with its address. This information will be used by the Board of County Commissioners in considering approval of a liquor license. PLEASE RESPOND NO LATER THAN MAY 26, 1995. Thank you. ESTABLISHMENT: JUNE M. FAUDOA, dba LA GARRA BAR 435 WALL STREET EATON, COLORADO 80615 INCLUSIVE DATES: 1993 through 1995 BY: Shelly K. Miller, Deputy Call 356-4000, ext. 4226 WHEN COMPLETED, OR IF QUESTIONS. No violations/incidents on record. BY: //L 0 INCIDENT REPORTS (PLEASE LIST OR ATTACH) JAL, P �i k:\shells\ligcheck 951338 *** ADR:435 WALL ST 13RM90 729/51/42 131012 LOCAL iN INQUIRY RESPONSE *** MLI: 130608 CITY:EATO MAP: RD:462800 FD:46280 *** INCIDENT SUMMARIES *** 11-05-1993 *NARCOTIC DRUG VIOLATION GP9318101 LOC 05-08-1994 *RUNAWAY JUVENILE WC9401577 LOC 11-02-1993 *NARCOTIC DRUG VIOLATION GP9317961 LOC 11-11-1993 *NARCOTIC DRUG VIOLATION GP9318455 LOC 11-09-1993 *NARCOTIC DRUG VIOLATION GP9318305 LOC 11-08-1993 *NARCOTIC DRUG VIOLATION GP9318257 LOC *** 05-08-1994 OKNO GREELEY PD INVOLVED PERSONS *** WC9401577 CAN NO MORE DATA FOR LOCATION 00.63 951.338 DR 8411 (03/94) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1375 SHERMAN STREET DENVER CO 80261 L' 'OR LICENSING PROCESSING DOCUM 'T RETAIL LIQUOR & 3.2% BEER LICENSE FEES 1 Name of Applicant(s) (exactly as it appears on state application) 2. Trade Name of Establi hment (DBA) ,— etr, 3. Address of Premises (as it appears on the application) y.%s (J2\1 srt State Sales Tax No as- 37.i5 - City State Business Phone County • LiJt/d ZIP Code %-O(o /S 2320-750 (999) SECTION A :. If applicant has a Beer and Wine, or Malt, Vinous and Spirituous Liquor License, indicate your state Liquor • License Account No. Cl Retail Warehouse Storage Permit $50.00 Li Request to Change, Alter or Modify Premises ....75.00 El Addition of Optional Premises to Existing Hotel/Restaurant $50.00 x Total Fee Li Request to Change Corporate or Trade Name ...25.00 ❑ Request to Change Location 100.00 El Duplicate License 25.00 ❑ Subpoena Testimony Fees 100.00 (use license no. 21-94214) 2330-750(999) SECTION B FEE'. If applicant has a 3.2% Beer Retail license, indicate your • state 3.2% License Account No. ❑ Request to Change, Alter or Modify Premises 75.00 ❑ Request to Change Corporate or Trade Name 25.00 ❑ Request to Change Location 100.00 ❑ Duplicate License 25.00 1970-750 (999) SECTION C FEES If applicant has a Hotel/Restaurant liquor license and is registering a new manager, indicate your state Liquor • License Account No. ❑ Manager's Registration $75.00 DO NOT WRITE IN THIS SPACE • ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPE- WRITTEN • APPLICANT MUST CHECK THE APPROPRIATE BOX(ES) • LOCAL LICENSE FEE $ LIAB ECTION O LIQUOR LICENSE: FEES. 2300 2310 1940 1940 1950' 1950 1960 1960 1970? 1980> 1990' 2010 2020 2030 2040 1905; 2110 2300 2310 2121! 2121 2122 2122 2123 2123 2170 ❑ Application Fee for New License $450.00 ❑ Application Fee for Transfer of Ownership 450.00 ❑ Retail Liquor Store License (city) 202.50 ❑ Retail Liquor Store License (county) 287.50 El Liquor Licensed Drugstore (city) 202.50 ❑ Liquor Licensed Drugstore (county) 287.50 ❑ Beer & Wine License (city) 177.50 ❑ Beer & Wine License (county) 262.50 ❑ H & R License El city ❑ county 326.25 ❑ H & R License w/opt Prem ❑ city ❑ county 326.25 ❑ Club License El city ❑ county 135.00 ®'Tavern License ❑ city X county 326.25 ❑ Arts License ❑ city ❑ county 135.00 ❑ Racetrack License ❑ city ❑ county 326.25 ❑ Optional Premises License ❑ city ❑ county 326.25 El Retail Gaming Tavern Lic ❑ city ❑county 326.25 ❑ BWS Special Event Permit each 25.00 ❑ Manager's Registration (hotel & restaurant only) .... 75.00 El Extended Hours 170.00 SECTION E 8.2°/, BEER LICENSE FEES ❑ Application Fee for New License $450.00 ❑ Application Fee for Transfer of Ownership 450.00 El 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 C13.2% Beer Special Event Permit each 10.00 DO NOT WRITE IN THIS SPACE - FOR DEPARTMENT OF REVENUE USE ONLY LIABILITY INFORMATION County Industry': Type Liability Date License Issued Through (Expiration Date) ;ens. Account Number Fee paid for 3.2% Beer State -750 (999) City 2180.100:(999) County 2190-100 (999) State -750 (999) Fee paid for Beer, Wine, Cty 2180-100(999) ld Spirituous Liquo County 2190-100 (999) Managers Reg 1970-755 (999) Lath Fund New Liana 2300-100 (999) Ca hruna Trans Lien 2310-100 (999) GM Fundaaiv L1cnu• 2300-100 (999) Cab Fund Tans* 2310-100 (999) White Copy - Department of Revenue Canary Copy Liquor Enforcement Division Ext Hours City 2180-100 (999) Ext Hours County 2190-100 (999) Pink Copy - Local Authority Goldenrod Jt fljir.- DR 8404 (02/94) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1375 SHERMAN STREET DENVER CO 80261 COLORADO LIQUOR OR 3.2 % FERMENTED MALT BEVERAGE LICENSE APPLICATION 1. Applicant ❑ ill is a Corporation (Attach DR 8177) g Individual (Attach DR 8404-I) Partnership (Attach DR 8441) Limited Liability Company (Attach DR 8405) Date filed with Local Authority St V,5- -1-5-- N F.E.I.. 1 a. Name of Applicant(s) If partnership, list partners' names (at least two); if corporation, name of corporation m cOC.._ Social Security No. Business Telephone 3. Address of Premises (specify exact location of premises) LI3.C 'tin City SS County State ZIP Code is 4. Mailing Address (Number and Street) 143 wa\1 City or Town £e, toy-- State 4-, ZIP Code 106 1S` 5. If the premises currently have a liquor or beer license, you MUST answer the following question: Present Trade Name of That Establishment (DBA) Present State License No. Present Type of License Present Expiration Date 6. Is the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stockhold- Yes No ers or directors if a corporation) or manager under the age of twenty-one years? ❑ P 7. Has the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stockhold- ers or directors if a corporation) or -manager ever; (a) been denied an alcoholic beverage license? • 1' (b) had an alcoholic beverage license suspended or revoked? II (c) had interest in another entity that had an alcoholic beverage license suspended or revoked? III B' If you answered yes to 7a, b or c, explain in detail on a separate sheet. 8. Has a liquor license for the premises to be licensed been refused within the preceding two years? If "yes," explain in detail. ❑ St 8a. Has a 3.2 beer license for the premises to be licensed been refused within the preceding one year? If "yes," explain in detail. ❑ 9. Are the premises to be licensed within 500 feet of any public or parochial school, or the principal campus of any college, university or I ❑ 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 K • current financial interest in said business including any loans to or from a licensee.a, ,pp) s tl J, r lc ph ..n r... I 2 ca, 11. Does the Applicant, as listed on line 1 a of this application, have legal possession of the premises for at least 1 year from the date that this license will be issued by virtue of ownership or under a lease? (If yes, attach a signed copy of deed or lease.) ®' ❑ X1 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: Landlord Tenant Expires Attach a diagram of the area to be licensed (including dimensions) which shows the bars, 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 sca e) 12. Who has (including persons, firms, partnerships, corporations, limited liability companies) or 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 ADDRESS INTEREST tune - oa_ 3S LJ il C&37Jevg lS sole. 0wne-r-- 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 All Optional Premises applicants must attach a copy of the local ordinance or resolution authorizing the issuance of Optional Premises licenses. 951338 Number of separate Optional Premises areas requestea.� DR 8404 (2/94) Page 2 14. Liquor Licensed Drug Store applicat,..., answer the following: Yes No (a) Does the applicant for a Liquor Licensed Drug Store have a license issued by the Colorado Board of Pharmacy? COPY MUST BE ATTACHED. ❑ ■ 15. Club Liquor License applicants answer the following and attach DR 8177: (a) Is 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? • • • • 16. Colorado Manufacturer, Wholesaler or Limited Winery applicants, answer the following: (a) Will the applicant store or sell alcoholic beverages at more than one location in Colorado? If "yes," provide the address of each location and explain the activity to be conducted at each location (e.g., warehouse, salesroom, etc.) (Attach DR 8438 for each location) (b) If applicant is a wholesaler, does or did any owner, partner, shareholder, director, officer, member or manager have any direct or indirect financial interest in a wholesaler, retailer, manufacturer or importer already licensed by the State of Colorado to sell malt, vinous or spirituous liquor? If yes, attach explanation in detail. (c) Does the applicant have a valid Federal Basic Permit or Brewers Notice? If "yes," attach a copy; if "no," explain whether one has been applied for. ❑ ■ ■ ❑ •❑ 17. Nonresident Manufacturer (3.2% beer or malt liquor) or Importer (3.2% beer, malt, vinous or spirituous liquor) applicants, answer the following: (a) To what Colorado licensed wholesaler do you intend to ship your merchandise? (b) Does or did any owner, partner, shareholder, director, officer, member or manager have any direct or indirect financial interest in a wholesaler, retailer, manufacturer or importer already licensed by the State of Colorado to sell malt, vinous or spirituous liquor? If yes, attach explanation in detail. (c) Does the applicant have a valid Federal Basic Permit or Brewers Notice? If "yes," attach a copy; if 'no,' explain in detail. (d) Are you the primary source of supply in the U.S.? If "no," explain. (e) Are all your products registered in Colorado? If no, attach DR 8440 and register said products. ❑ ❑ • • ❑ ❑ • • 18. Name of Manager (If this is an application for a Hotel and Restaurant License, the manager must also submit a Manager Registration Form (DR 8367) and Individual History Record (DR 8404-I). lJu-tne Fai4o& Cawner-) Date of Birth 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 bes of my knowledge. or zed S gnature Title Dale REPORT (Manufacturers,: nonresident manufacturers, AND APPROVAL importers, OF LOCAL LICENSING wholesaler*, nmlfedvrirterlea,)and•puWftztc8tlsportetlo disregard the sect)dn betow,I AUTHORITY l,t[CCrlfees Is this application for a: New License n Transfer of Ownership n Other (specify) Each person required to file DR 8404-I: Yes Has been fingerprinted Background, NCIC and CCIC checked 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 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 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 II IN TOWN, CITY COUNTY Signature Title Date Signature (attest) Title Date -if premises are located within a town or city, the above approval should be signed by the mayor and clerk, if in a county, then by the chairman of the board of county commissioners and the clerk to the board. If, by ordinance or otherwise, the local licensing authority is some other official, then such approval should be given by such official. 951338 May 11, 1995 To Whom It May Conern: I June M Faudoa owner of the La Garra Bar located at 435 Wall st. East Eaton. In 1976 I bought the property of business from Pedro Rucobo and applied for an liquor license. Having the liquor license I had some compliance's to comply with. These were to add more light- ing outside add security guards and to clean up the busines. I held this liquor license from 1976 through 1984, then in 1984 I leased it to Ernie Llamas. In the year of 1985 I went back in the business I had an suspension for forty days for the death of Jacinto Garcia. In 1989 I applied again for a liquor license for another year. Then the business was handed over in 1990 to Audon Vasquez he ran it till the middle of 1991, then John Plotkin took over the business till 1992. In May of 1992 Mr. Plotkin abandoned the premises. Then In 1992 I and Mr. Francisco Gallegos signed a leased with the option to purchased the said property , Mr. Gallegos administrated illegal actions which caused the place of business to close today's given date. Sincerely Yours ,June M-Faudoa 951338 E 951338 375 Sherman Sheet '•:` Denver CO 80261 COLORADO BUSINESS REGISTRATION • Wage Withholding • Unemployment Insurance jg Trade Name Registration Check all reasons for submitting this form: State Sales Tax License Other (explain) REASON FOR FILING THIS APPLICATION 0ngnal Application 0 Change in Partners 0 Change in type of ovmersN Do you have another business in Colorado? Yes no IF YES, Registration Account ❑ pl # Do you want this number assigned to new location? ❑ yes ❑ no Indicate Type of Ownership ❑ Association Individual O General Partnership ❑ Estate O Limited Partnership O Corporation O Government ❑ Joint Venture Taxpayer Name (owner, partners or corporate name) (last, first, middle) Trade Nam oing Business As (d applicable) Street Address of Principe Place of Business in Colorado Coun Mailing Address(i 2 County Bank Name Payroll Location (List Address ) What do you sell and/or services provided? ifferent from above) (include unit #) O Trust Non-profit 501 (C)(3) (Please enclose copy of the IRS letter of a -mp Other Non -Profit O Limited Liability Company 'S' Corporation O Other 3 RECEwrD MAY 1 01995 77' (4 (6y1 If business is within limits of a city, what city? Telephone (' ) L ' Telephone ) E IN State Telephone ( ) Stale ()).— Federal Employer I D. # Bank Account Number Is SPACE'- Cvt;N. First Day of Payroll ( 0/DAY R) Do you rent items for 30 days or less? ❑ Yes II partner is a corporation, give corporation name Do you sell woodstoves or fireplace inserts? ❑ Ye5 and Federal Employer Identification Number Number (FEIN). If there are Other partners, list on separate sheet using t (1) Owner/Corp. Officers/Panners G ;rldif 'P.( et Title 7 Address (residence or P.O. Box, street, city, state, ZIP) L(1 iv (2) Owner/Corp. Officers/Partners ( Address (residence or P.O. Box, street, city, state, ZIP) If you acquired the business in whole Prior Owner's Name and Address Street ❑ If Seasonal, mark each business month. ❑ JAN ❑ FEB or in part, complete the following: FILING FREQUENCY: If sales tax collected is O -Under $300/month, file quarterly ❑ $300/month or more, file monthly ❑ Wholesale only, file annually Indicate which applies to you: ❑ Wholesaler --)O Retailer FILING METHOD: Quarterly - All New Accounts ❑ Monthly - Optional O Weekly - Optional (EFT only) ❑ Charitable ❑ Multiple Event Date of Acquisition ❑ MAR ❑ MAY ❑ APR ❑ JUN First Day of Business (MO/DAYNR) ()S S ❑ Single Event - Period Covered (MO/DAY/YR) Location Check all taxes to be paid ©-state and Local Sales ❑ Retailer's Use ❑ RTD/CD/BD ❑ Wage Withholding ❑ County Lodging ❑ Oil 8 Gas Withholding 1 declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. SIGNATURE of Owner, Partner or Corpor Officer REQ}IIRED —( Title Date J'1 �Yi :c i%an O JULY ❑ AUG FROM MONK O. No �No same format. Social Security # (Fed. Emp. # if applicable) Telephone Social Security # (Fed. Emp. # if applicable) Telephone nor Owner's UI Tax Account Number State ❑ SEPT ❑ OCT TO: (0280- Trade Name 110/171 750 Registration (999) (0020- Sales Tax 7/5 yfS Make check payable to the Colorado Department of Revenue 8 Deposit (0080- Sales Tax 750 License (999) (355) S ,7.62 $ ❑ NOV ❑ DEC TOTAL $ ./, , 951338 (continue on reverse side of this page-) _ B0OK !Jzth f' s5 'y/ '"v191977i Recorded at / I o'clock / J M., � MARY ANN FEL FEIN Reception No. -71.9685 .Recorder. 3-I U Vt w n THIS INDENTURE, Made this 28 -day of April 19, 77 ,between June Rosale2 whose address is County of Weld and State of Colorado part -y of the first part, and the Public Trustee of the County -of Weld in the State of Colorado, party of the second part, Witnesseth: THAT WHEREAS, the said June ROSale2 RECORDER'S STAMP haS executed a promissory note bearing even date herewith for the principal sum of TWrcnty Nine Thousand Five Hundred Dollars, payabletotheorderaf Pedro Rucobo, Jr. , as Personal Representative of the Estate of Roselle M. Rucobo, Deceased. whose address is 1306 8th Street, Greeley, Colorado after the date thereof, with interest thereon from the date thereof at the rate of 6 % per cent per annum, payable monthly, principal and interest in:monthly installments of $300.00 each, applied first to accrued interest and then to principal. AND WHEREAS, The said part y of the first -part is desirous of securing the payment of the principal and interest of said promissory note in whose hands soever the said note or any of them may be. NOW THEREFORE, The said part y of the first part, in consideration of the premises, and for the purpose aforesaid, do hereby grant, bargain, sell and convey unto the said party of the second part, in trust forever, the followingdescribed property, situate in the County of Weld and State of Colorado, to wit: South one-half of Lot 10 and all of Lot 11, Lot 12, and Lot 13 in Block 3, East Side Addition, Eaton (out) 951338 Y g°° `'79a 1719685 3 3 and the above bargained property in the quiet and peaceable possession of the said parry or arse second part, his successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part y of the first part shall and will warrant and forever defend. And that during the continuance of said indebtedness or any part thereof, the said part -y of the first part will in due season pay all taxes and assessments levied on said property; all amounts due on accountofprincipal and Interest on prior encumbrances, if any; and will keep all buildings that•may at any time be on said lands, Insured against loss by fire with extended coverage endorsement in such company or companies as the holder of said note may, from time to time direct, for such sums as such company or companies will insure for, not to exceedtheamount of said indebtedness, except at the option of said party of the first part, with loss, if any, payable -to the beneficiary hereunder, as his interest may appear, and will deliver the policy or policies of insurance to the beneficiary hereunder, as further security for the Indebtedness aforesaid. Andincase of the failure of said part y of the first part to thus insure and deliver the policies of insurance, or to pay such taxes or assessments or amounts due or to become due on any prior encumbrance, if any, then the bolder of said note , or any of them, may procure such insurance, or pay such taxes or assessments or amounts due upon prior encumbrances, if any, and all moneys thus paid, with interest thereon, at 12 per cent per annum, shall become so much additional indebtedness, secured by this deed of trust, and shall be paid out of the proceeds of the sale of the property aforesaid, if not otherwise paid by the said party of the first part, and such failure shall be a violation or breach of this covenant and agreement AND THAT IN CASE OF ANY DEFAULT, Whereby the right of foreclosure occurs hereunder, the said party of the second part or the holder of said note or certificate of purchase, shall at once become entitled to the possession, use and enjoyment of the property aforesaid, and to the rents, issues and profits thereof, from the accru- Ing of such right and during the pendency of foreclosure proceedings and the period of redemption, if any there be; and such possession shall at once be delivered to the said party of the second part or the holder of said note or certificate of purchase on request, and on refusal, the -delivery of such possession maybe enforced by the said party of the second part or the holder of said note or certificate of purchase -by any appropriate civil suit or proceed- ing, and the said party of the second part, or the holder of said note or certificate of purchase, or any thereof, shall be entitled to a Receiver for said property, and of the rents, issues and profits thereof, after any such default, including the time covered by foreclosure proceedings and the period of redemption, if any there be, and shall be entitled thereto as a matter of right without regard to the solvency or insolvency of the party of the first part orof the then owner of said property and without regard to the value thereof, and such Receiver may be appointed .by any court of competentjurisdiction upon ex parte application, and without notice —notice being hereby expressly waived —and all rents, issues and profits, income and revenue therefrom shall be applied by such Receiver to the payment of the indebtedness hereby secured, according to law and the orders and directions of the court. AND, That in case of default in any of said payments of principal or interest, according to the tenor and effect of said promissory note aforesaid, or any of them, or any part thereof, or of a breach or violation of any of the covenants or agreements herein, by the part y of the first part, her executors, administrators or assigns, then and in that case the whole of said principal sum hereby secured, and the interest thereon to the time of sale, may at once, at the option of She legal holder thereof, become due and payable, and the said property be sold in the manner and with the mama effect as if the said indebtedness had matured, and that if foreclosure be made by the Public Trustee, an attorney's fee of the sum of One thousand dollars for services in the supervision of said foreclosure proceedings shall be allowed by the Public Trustee as a part of the costs of foreclosure, and if foreclosure be made through the courts a reasonable attorney's fee shall be taxed by the court as a part -of the costs of such foreclosure -proceedings. IN WITNESS WHEREOF, the said part y of the first part ha S hereunto set her hand and seal the day and year first above written. June Rosa leg WITNESS: [SEAL] [SEAL] STATE OF COLORADO, County of Weld L OAsth. 67( he.; t - ' liv icoregh'digtihtJrumeat was acknowledged before me this --' ci day of Ma eh- 1L�':�i\'if II T..sRosalel a q a FM 4e8mnalit n eiptres .2/ 7 , 197/ • Witness my hand and official seal. UD1 • or Cp'. U / -notary rubue. 951338 • If by natural pereon or s hem insert name m : if by s acting in presentative or official capacity or as ttomq-Is- fart. then insert n of person • executor. attorney-Im-fart o other c persons or description: If by officer of corporation. then Insert panic. DR 8404-I (02/94) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 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 A A 6- f R R Date /5 /9s" Social Security Number(s) 2. Your Full Name (last, first, middle) 3. Also Known As (maiden name/nickname, etc.) 4. Mailing Address (if different from residence) C/ 3 (i c. I t Home Telephone WS- y t.3. / 4/L 5. Residence Address (street and number, city, state, ZIP) Al5o uJ 2 i t 1._`7AV C--0 ado /S 6. Date o �-`/ Place of Birth G - f - I 7. U.S. Citizen? JYes No If Naturalized, state where When Name of U.S. District Court Naturalization Certificate Number Date of Certificate If an Alien, Give Alien's Registration Card Number Permanent Residence Card Number 8. Height 5 , II Weight II 140 car Li & 1 00 Hair Color car Li Eye Color 6 f wnl Sex r- Race ,lin n 9. Do You Have a current ® Yes No Driver' License? It yes, give number, & state 10. Name of Present Employer ISPu t Se rocs Ch t�v' 11. Type of Business or tct J Y4(1r 0 Employment y, n // /or nb Dr�(n,/�/Pn Bus'fiff(((ess Telephone 1 // .ci "DS-oo i7( / 7`S 12. Address of Business Where Employed t(street rpafa�v '�number, city, s e, ZIP) VAnniart A5. � In i QCV%A 13. Present sition YY. S C 14. MaritaaStatus `nr\ icable) 15. Name of Spouse (include maiden name if spoilable) Cs . I- Ci—.g— ..D �. 16. Spouse's Date of Birth Spouse's Place of Bin 17. Spouse's residence address, if different than yours (street and number, city, state, ZIP) 18. Spouse's Present Employer �j npr"-j1 w2.S'ke('r.. katltoo A O cupation kidDrIPer 19. Address of Spouse's Present Employer �I S CC\ Q SC'(V-N'Q q -N. gr1.t? Co `6O `j 1 6 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 f6 Yes nNo 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 / o Avid a /c (-tor Alc‘P✓ISn /brn / 976 —lit? Se d Le7c plc ►1 a1-1 n r 95138 'e- O cic We CONTINUED ON REVERSE SIDE 4 DR 8404-1 (2/94) Page 2 22. Have you ever been convictedof a crime, or receive, ,uspended sentence, deferred sentence, or forfeited bail for a, ,apse 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 e No 23. Have you ever received Yes IN a violation notice, suspension or revocation for a liquor law violation, or been No }� Su_cp&tcLnvivr io Aa1s denied a liquor or beer license anywhere in the U.S.? If yes, explain in detail. c4vt 'r levneYy`b'r \ilear- te ct %1r c\t� e k V`z p) c Y\ a $, O n k e ,e C" 24. Military Service (branch) From To Serial Number Type of Discharge 25. List all addresses where you have lived for the past five years. (Attach separate sheet if necessary) STREET AND NUMBER CITY, STATE, ZIP FROM TO 112n ‘ a-, I 1 7/v c c, Vol./ S ) 974 19/ S_. --ki> zs List all former employers or businesses engaged in within the last five years. (Attach separate sheet if necessary.) NAME OF EMPLOYER ADDRESS (STREET, NUMBER, CITY, STATE, ZIP) POSITION HELD FROM TO Idoo ` •Sr.uc,_ corp 3 p3 1 % qJ f>✓4eia Sr06?.v m�r— s� 3-/k3/9y 197Y 37, /I bpi' _�_ Q:cAote�S �) lit £7/v �� 5'Q� 27. What is your relationship to the applicant? (sole owner, partner, corporate officer, director, stockholder, member or manager) 3n/4y, D..... .2i 28. If stockholder, number of shares owned beneficially or of record Percent of outstanding stock owned 29. If partner, state whether ❑ General ❑ Limited Percent of Partnership Owned If Limited Liability Company (percent owned) 30. Total amount you will invest in this business, including notes, loans, cash, services or equipment, and operating capital. (Reg. 46-106.1 and Reg. 47-107.1) Amount$ 'j1h00,nfl 31 Identify the sources of all funds you will invest in this business as listed in 30 above. List all bank names, account numbers and the amount derived from such source. Also identify all persons authorized to sign on, or who are part owners of said account. (Attach copies of all your notes or loans used in or for this business.) Amounts Sources - Account Numbers 13/4" Names on accounts or person who can sign on this account $ 001 ILO L° 0.A 5n cry.4kg7�2-3s.20 tun._ is b.D.e.:v.� Ab....t._�� $ $ 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. Authorized :Ignatunire (� /�//� jJ'/mss. 1 / /ICI .r—_ Title if/5 PfI L(JI] '� 11L 2_ ... _ �J C/ l l�✓ DOMINGO OR JUNE FAUDOA 430 WALL ST. 454-3146 EATON, CO 80615 Pay to the order of w 523 205 82-461/1070 /O —C¢�of O�1�2(f Pn cc co $774,aS EATON BANK 100 OAK AVE., EATON, CO 80615 (303) 454.3456 Memo 951.339 ah,P; Wilk. COLORADO MEmORAIMU To Board of County Commissioners Date May 17, 1995 From Bruce T. Barker, County Attorney T Application for Tavern Liquor License by June M. Faudoa, d/b/a La Subject. Garra Bar On May 5, 1995 the Clerk to the Board of County Commissioners of Weld County received the application by June M. Faudoa, d/b/a La Garra Bar, for a tavern liquor license to be located at 435 Wall Street, Eaton, Colorado 80615. A hearing is set for Wednesday, May 17, 1995 for the Board to consider establishing the neighborhood and setting a hearing date for the application. The Board will also need to appoint one of its members to inspect the premises to ensure compliance with the Colorado Liquor Code. We suggest the following: A. Establish the neighborhood to include those areas which are highlighted in yellow on the attached map and which include the following sections: 1-6-66; 36-7-66; 5 and 6-6-65; 31 and 32-7-65. B. Set the hearing date for June 7, 1995. C. Appoint one of your members to inspect the premises on May 26, 1995 to see that the premises is properly posted for the hearing on June 7, 1995 and to conduct an inspection in accordance with the six items on the attached page. BTB/gb:faudoa pc Clerk to the Board -AI 0.v 13S 951038 951338 CHECKLIST FOR ON -SITE INSPECTIONS OF PREMISES FOR APPLICATIONS PURSUANT TO THE COLORADO LIQUOR CODE 1. Establish that the applicant's premises are not connected to a different licensed premise. Although they may share a common wall, they may not share the same entrance. Section 12-47-106(3), CRS. 2. Check the applicants's diagram of the premises to verify that it is correct. Section 12-47-135(4), CRS. 3. Observe the other liquor stores, taverns, restaurants, etc., within the neighborhood in order to determine the necessity of the proposed liquor establishment. 4. The premises must be a distance of at least five hundred (500) feet from any public or parochial school, or principle campus of any college, university, or seminary. Section 12-47-138(d)(I), CRS. Measurement of the five hundred (500) feet is as follows: The distance is computed by direct measurement from the nearest property line of the land used for school purposes to the nearest portion of the building in which liquor is to be sold, using a route of direct pedestrian access, measured as a person would walk safely and properly, without trespassing, with right angles at crossings and with the observance of traffic regulations and lights. Regulation 47-138.1, CCR. • This regulation has been interpreted, however, to mean that the distance is measured as a person -would walk from the property line of the school to the portal or access point of the building in which the liquor is sold. The idea is that any child who is walking from the school must walk through the access point to a point within the building where he or she can purchase the alcoholic beverages. 5. Note that the distance restrictions may be reduced for a hotel and restaurant license, or the Board may eliminate one or more of the types of schools which are part of the restrictions for hotel and restaurants. Section 12-47-138(d)(IV), CRS. 6. If application is for an optional premises license, pursuant to Section 12-47-119.6, CRS, -make sure that the optional premises is for outdoor sports and recreational purposes, pursuant to Section 12-47-103(13.5) (a), CRS. See Section 12-47-135(7), CRS. 951338 L PROCEDURES FOR THE BOARD TO TAKE AFTER THE APPLICATION HAS BEEN FILED 1. Establish the boundaries of the -neighborhood and schedule a public hearing. The hearing may not be less than 30 days form the date the application is filed. Section 12-47-136(1), CRS. L 2. Post and publish notice of the hearing not less than 10 days prior to the date of the hearing. Section 12-47-136(1), CRS. 3. The Board should make known its findings, based on its. investigation, in writing to the applicant and other interested parties, not less than 5 days prior to the date of hearing. Section 12-47-137(1), CRS. The findings should be based upon what the Board has found in its on -site visit and investigation of character, pursuant to Sections 12-47-137(1)(a), and 12-47-111(1)(A)(VIII), CRS. 4. After the public hearing, the Board must notify the applicant in writing of the decision. The notification must state the reasons for the decision and must be sent to the applicant by certified mail within 30 days after the date of the public hearing. Section 12-47-137(3), CRS. 5. Each application for a State retail license shall contain a report of the Board. The report must show the opinion of the Board concerning the reasonable requirements of the neighborhood; the desire -s of the inhabitants with respect to the issuance of the license applied for; and the character of the new applicant. Regulation 47-107.1, CCR. 951338 Hello