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Home My WebLink About20181615.tiffRESOLUTION RE: APPROVAL OF RENEWAL APPLICATION FOR 3.2 PERCENT BEER ON -PREMISE (COUNTY) RETAIL LICENSE ISSUED TO ANA M. LUCERO, DBA POLLO FELIZ, AND AUTHORIZE CHAIR TO SIGN - EXPIRES MAY 30, 2019 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, at a public meeting on April 2, 2018, the Board of County Commissioners of Weld County, Colorado, was presented with an application from Ana M. Lucero, dba Pollo Feliz, for the renewal of a 3.2 Percent Beer On -Premise (County) Retail License for the sale of fermented malt beverages, containing not more than 3.2 percent of alcohol by weight, for consumption by the drink on the premises only, only at retail at said location, subject to the rules and regulations found in Article 47, Title 12, C.R.S., and WHEREAS, at said meeting, the Board deemed it advisable to continue said matter to April 9, 2018, to allow the applicant adequate time to present information relating to the completion of or intent to complete "Responsible Vendor" training, as required by the Board per Resolution #2017-2962, approved on the 28th day of August, 2017, and WHEREAS, on April 9, 2018, the Board determined that Ana M. Lucero and each employee were not "Responsible Vendor" trained within the thirty (30) day requirement set by the Board on the 28th day of August, 2017, and documentary evidence had not been submitted to the Weld County Clerk to the Board's Office, and WHEREAS, at said meeting, the Board deemed it advisable to continue said matter to May 14, 2018, to allow the applicant further time to submit documentary evidence relating to the completion of "Responsible Vendor" training, as required by the Board per Resolution #2017- 2962, approved on the 28th day of August, 2017, and WHEREAS, on May 14, 2018, the Board did determine that Ana M. Lucero and each employee were "Responsible Vendor" trained, and documentary evidence was submitted to the Clerk to the Board's Office, as required by the Board per Resolution #2017-2962, approved on the 28th day of August, 2017, and WHEREAS, at said meeting, the Board was presented with information pertaining to the applicant not serving the ordered suspension by the Colorado Department of Revenue, Liquor Enforcement Division ("Division"), also a requirement by the Board per Resolution #2017-2962, initially served by the Liquor Enforcement Division in 2017, and WHEREAS, the Colorado Department of Revenue, Liquor Enforcement Division, re- served the above -mentioned suspension in May 2018, to be held from May 11, 2018, through May 20, 2018, which was signed by Ana M. Lucero, with terms further described in Exhibit A, and cct 50CRS/ 3n/Gc,), Gct C FH), O-PPL o5/3a/le 2018-1615 LC0045 RENEW 3.2 PERCENT BEER ON -PREMISE (COUNTY) RETAIL LICENSE - ANA M. LUCERO, DBA POLLO FELIZ PAGE 2 WHEREAS, the Board deemed it advisable to continue said matter to May 21, 2018, to determine if the Division's suspension was served from May 11, 2018, through May 20, 2018, pursuant to the terms further described in Exhibit A, and WHEREAS, on May 21, 2018, the Board did determine that Ana M. Lucero, dba Polio Feliz, served the Division's abovementioned suspension from May 11, 2018, through May 20, 2018, and WHEREAS, pursuant to Exhibit 5-H of the Weld County Code, said applicant has paid the sum of $107.50 to the County of Weld for the renewal of the existing license, and WHEREAS, said applicant has exhibited a State License for the sale of fermented malt beverages containing not more than 3.2 percent of alcohol by weight for consumption by the drink on the premises only, only at retail at said location, outside the corporate limits of any town or city in the County of Weld at the location described as follows: 2523 8th Avenue Greeley, Colorado 80631 NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Weld County, Colorado, having examined said application and the other qualifications of the applicant, does hereby grant License Number 2018-04 for applicant to sell fermented malt beverages, containing not more than 3.2 percent of alcohol by weight, for consumption by the drink on the premises only, only at retail at said location; and the Board does hereby authorize and direct the issuance of said license by the Chair of the Board of County Commissioners, attested to by the Clerk to the Board of Weld County, Colorado, which license shall be in effect until May 30, 2019, providing that said place where the licensee is authorized to sell fermented malt beverages containing not more than 3.2 percent of alcohol by weight, for consumption by the drink on the premises only, shall be conducted in strict conformity to all of the laws of the State of Colorado and the rules and regulations relating thereto, per Article 47, Title 12, C.R.S., heretofore passed by the Board of County Commissioners of Weld County, Colorado, and any violations thereof shall be cause for revocation of the license. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said application and license. BE IT FURTHER RESOLVED by the Board, that the applicant maintain compliance with all requirements pursuant to any requirement of the Colorado Department of Revenue, maintain its staff as certified to serve alcohol, and maintain compliance with all other applicable rules and regulations. 2018-1615 LC0045 RENEW 3.2 PERCENT BEER ON -PREMISE (COUNTY) RETAIL LICENSE - ANA M. LUCERO, DBA POLLO FELIZ PAGE 3 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of May, A.D., 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ditAks) .etD•� Weld County Clerk to the Board Ste ilW- Barbara Kirkme er, ro-Tem BY( 4 . puty Clerk to the Board Sean P. P. Conway APP' • . D AS ounty Attorney Mike Freeman Date of signature: O5/8/ t 8' 2018-1615 LC0045 BEFORE THE EXECUTIVE DIRECTOR, DEPARTMENT OF REVENUE STATE OF COLORADO aeMP STIPULATION, AGREEMENT, AND ORDER SA 17-295 IN THE MATTER OF: ANA M. LUCERO D/B/A POLLO FELIZ 2523 8TH AVENUE GREELEY, COLORADO 80631 3.2% Beer On Premises License No. 46-00512 The State of Colorado, Liquor Enforcement Division ("Division") and Ana M. Lucero. d/b/a Polio Feliz, 2523 8th Avenue, Greeley, Colorado 80631, ("Licensee") hereby stipulate and agree as follows: 1. Licensee has been the subject of an investigation conducted by the Division. Agents of the Division allege violations of the Colorado Liquor Code, Sections 12-47-901(1)(g), 12-47-701, and 12-47-901(5)(h), C.R.S.; and the Colorado Liquor Rules, Regulations 47- 310(D) and 47-700, 1 C.C.R. 203-2. IT IS ALLEGED THAT: A. From May 31, 2017 through July 6, 2017, the Licensee sold and possessed for sale fermented malt beverages without required licenses being in full force and effect. B. On July 6, 2017, the Licensee failed to provide information fully, faithfully, truthfully and fairly when she misrepresented herself to a Division investigator who inquired if she was the owner. C. On July 6, 2017, the Licensee failed to post the required liquor warning sign regarding the prohibition against selling alcohol beverages to a person under the age of twenty-one. D. Throughout 2017, the Licensee has failed to keep a complete set of books and records to show fully the business transactions of said Licensee. Stipulation, Agreement, and Order Polio Feliz Greeley Office Page 2 2. Licensee acknowledges receipt of sufficient notice, advisement of rights, and process of the proceedings and wishes to resolve all issues which were the subject of the investigation, by entering into this Stipulation, Agreement, and Order ("Order"). 3. The Division and Licensee have discussed the merits of the investigation and allegations, and they have come to a mutual agreement and understanding to jointly propose to the State Licensing Authority a resolution of the allegations in lieu of proceeding to the issuance by the State Licensing Authority of an Order to Show Cause and conducting a hearing to determine the merits of such allegations. The terms and conditions of this Order are subject to approval by the State Licensing Authority. 4. Licensee admits the violations as alleged above in paragraph I. 5. Licensee agrees, in lieu of the issuance of an Order to Show Cause, and subsequent proceedings, to submit to the following sanctions: A. A thirty (30) day suspension of Licensee's 3.2% Beer On Premises license to take place as follows: i. License to be actively suspended for ten (10) days from 12:01 a.m. on May 11, 2018 until 11:59 p.m. on May 20, 2018. ii. During any period of active license suspension, Licensee shall post signs on its premises in compliance with Regulation 47-600(F), 1 C.C.R. 203-2. iii. Twenty (20) days of the suspension to be held in abeyance for a period of one (1) year, from the date of approval of this agreement by the state licensing authority, pending no further violations of the Colorado Liquor Code during this period. 6. This Order shall be admissible as evidence in future proceedings concerning any alleged violation of this Order. The matters at issue in said future proceeding shall be limited to the question of whether or not Licensee has failed to comply with the terms of this Order. Any issues relating to the underlying complaint or investigation that formed the basis for this Order against Licensee (and any defenses that Licensee may have to such complaint and investigation) shall specifically not be at issue in the proceeding against Licensee for failing to comply with the terms of this Order. In the event an alleged violation of this Order is taken to hearing and the State Licensing Authority determines that the allegations are proven, or Licensee enters into a stipulation in lieu of such a hearing in which it admits such allegations, the State Licensing authority shall, in addition to any other penalty imposed, order Licensee to serve all or any days of suspension presently Stipulation, Agreement, and Order Polio Feliz Greeley Office Page 3 held in abeyance pursuant to this agreement. In the event an alleged violation of this Order is taken to hearing and the State Licensing Authority determines that the allegations are unproven, then the Division shall take no further action and this Order shall remain operative and in full force and effect. 7. Upon execution by all parties, this Order and all its terms shall have the same force and effect as an order entered after a formal hearing pursuant to § 12-47-601, C.R.S., except that it may not be appealed. Failure to comply with the terms of this Order may be sanctioned by the State Licensing Authority as set forth in §§12-47-103(9) (b) and 12-47- 601, C.R.S. 8. Licensee expressly agrees and acknowledges that Licensee has entered into this Order knowingly and voluntarily. Licensee acknowledges that the terms of this Order were mutually negotiated and agreed upon. After the opportunity to consult with legal counsel, Licensee affirms that Licensee has read this Order and fully understands its nature, meaning and content. Licensee agrees that upon execution of this Order, no subsequent action or assertion shall be maintained or pursued by Licensee asserting the invalidity in any manner of this Order, 9. Upon execution by all parties, this Order shall represent the entire and final agreement of the parties. In the event that any provision of this Order is deemed unenforceable by a court of competent jurisdiction, such provision shall be severed, and the remainder of this Order shall be given full force and effect. 10 Licensee understands and knowingly and voluntarily enters into this Order. Licensee further understands and knowingly and voluntarily waives the following rights: A. The right to a formal disciplinary hearing on the merits of the matters forming the basis of this Order and the right to require the State Licensing Authority to meet its burden of proof in a formal hearing; B. The right to cross-examine all witnesses against Licensee at a formal hearing; C. The right to subpoena witnesses, present evidence and to testify on Licensee's own behalf at a formal hearing; D. The right to be represented by counsel of Licensee's own choosing and at Licensee's expense at any stage of this proceeding; E. The right to engage in pre -hearing discovery of the State Licensing Authority's evidence; and Stipulation, Agreement, and Order Polio Deli { irceley Office Page 4 1 he right to appeal this Order, i I. All the costs and expenses incurred by Licensee to comply with this Order shall be the sole responsibilit>- of the Licensee, and shall not in any way be the obligation of the Division. 2. [his Order shall he effective on the date approved and ordered by the Executive Director of the Department of Revenue, as the State Licensing Authority. Should the State Licensing Authority reject the terms hereof. Respondent's admissions herein shall he ' ithdravkn. and the matter scheduled for a hearing after issuance of an Order to Shoe Cause. 11. Upon approval and order of the State Licensing Authority. this Order shall become a permanent part of the record. and shall be open to public inspection and published pursuant to the Divisions standard policies and procedures or applicable law. Pati<ick Maroney Director Liquor Enforcement Division Date 0‘4,0-9/ Ana M. I,uccro Ana M. Lucero Date APPROVED and ORDERED this « day of 2018. Michael S. Hartman Executive Director Department of Revenue State Licensing Authority Telecopy or electronic versions of this stipulation which contain tlecopy facsimiles of signatures shall be deemed duplicate executed originals of the stipulation. This stipulation may be executed in counterparts and delivered by facsimile, US. Mail (or private carrier), or .pdf transmission. Stipulation, Agreement, and Order Polio Feliz Greeley Office Page 5 CERTIFICATE OF SERVICE I hereby certify that a true and accurate copy of the foregoing STIPULATION, A EEMENT, AND ORDER was placed in the United States Mail on f/ , 2018, addressed as follows: Ana M. Lucero d/b/a Polio Feliz 2523 8th Avenue Greeley, Colorado 80631 Liquor Enforcement Division 1881 Pierce Street, Suite 108 Lakewood, CO 80214 Sandra.Lowrnanqcstate.co.us THIS LICENSE EXPIRES MAY 30.2019 RETAIL LIQUO - 7C BY AUTHORITY OF THE BOARD OF COUNTY COMMISSIONERS FOR A 3.2 PERCENT BEER ON -PREMISE (COUNTY) RETAIL LIQUOR LICENSE TO SELL FERMENTED MALT BEVERAGES, CONTAINING NOT MORE THAN 3.2 PERCENT OF ALCOHOL BY WEIGHT This is to Certify, that Ana M. Lucero, dba Polio Feliz, of the State of Colorado, having applied for a License to sell fermented malt beverages, containing not more than 3.2 percent of alcohol by weight, and having paid to the County Treasurer the sum of One Hundred and Seven and [50/100] ($107.50) Dollars; therefore, the above applicant is hereby licensed to sell fermented malt beverages, containing not more than 3.2 percent alcohol by weight, by the drink for consumption on the premises only, as a 3.2 Percent Beer On -Premise (County) Retail Liquor License, at the address of 2523 8th Avenue, Greeley, Colorado 80631, in the County of Weld, State of Colorado, for a period beginning on the 31st day of May, 2018, and ending on the 30th day of May, 2019, unless this License is revoked sooner as provided by law. This license is issued subject to the Laws of the State of Colorado and especially under the provisions of Article 47 of Tide 12, Colorado Revised Statues, as amended. IN TESTIMONY WHEREOF, the Board of County Commissioners has hereunto subscribed its name by its officers dui) authorized this 21st day of May, 2018. Vfl'ES`I': Deputy Clerk to the Board TO BE POSTED IN A CONS The Board of County Commissioners Chair, Board of County Commissioners /...JS PLACE. NON -TRANSFERABLE. ,k1 tai zi, keit, ketal wta, tai (1), zon, THIS LICENSE MUST BE POSTED IN PUBLIC VIEW DR 8402 (07/01/2012) STATE OF COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1881 Pierce Street, Suite 108 Lakewood, Colorado 80214 ANA M. LUCERO dba POLLO FELIZ 2523 8TH AVENUE GREELEY CO 80631 ALCOHOL BEVERAGE LICENSE Liquor License Number 4600512 License Expires at Midnight 05/30/2019 License Type 3.2% BEER ON PREMISES (COUNTY) Authorized Beverages 3.2 PERCENT BEER This license is issued subject to the laws of the State of Colorado and especially under the provisions of Title 12, Articles 46 or 47, CRS 1973, as amended. This license is nontransferable and shall be conspicuously posted in the place above described. This license is only valid through the expiration date shown above. Any questions concerning this license should be addressed to: Colorado Liquor Enforcement Division, 1881 Pierce Street, Suite 108, Lakewood, CO 80214. In testimony whereof, I have hereunto set my hand. 5/25/2018 LSS Lf Patrick Maroney, Division Director /1 Michael Hartman, Executive Director CERTIFICATE OF DELIVERY DATE: May 30, 2018 FROM: Chloe A. Rempel, Deputy Clerk to the Board SUBJECT: Renewal Application for a 3.2% Beer On -Premise (County) Retail License — Ana M. Lucero, dba Pollo Feliz I hereby certify that I have sent the below documents in accordance with the requirements of Weld County and the Colorado Department of Revenue, Liquor Enforcement Division, on this 30th day of May 2018. One copy of the signed Weld County Resolution approving Renewal Application for a 3.2% Beer On -Premise (County) Retail License — Ana M. Lucero, dba Pollo Feliz One original Weld County Liquor License One copy of Colorado Liquor License U.S. Postal Service' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com S _ E Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) D Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) $ Certified Mail Restricted Delivery Adult Signature Required $ Adult Signature Restricted Delivery $ Postage $ Total Postage and Fees $ Sent To +♦n: Cam.na. r • L VCOQro Postmark Here _ ail l C. tre and Apt. No., or Pb Box No. AaO? t+h O vc. Ci State, ZIP+4b 1 i- PS Form 38O0, April 2O15 PSN 7530-02-000-9047 OCo `1 See Reverse for Instructions SENDER: COMPLETE THIS SECTION �v Cu ICD O a CJ aj Article Addressed to: C _o _o Rf (U �, O EEC o.? 000 �c 15 a? 'C a) (1) a) a) 0 .c2 O) a) a_ cc cm cc2cncncc ❑ ❑ ❑ Cf) k. 0 0 ❑ ❑ z� Tai a) O U 0 to.. a) V 0 O 0 ,> .> 0) —=2222 fr ro• •aOO= 22cc44 -O -D o O m 04- ' a) a) O O OOOO ❑.❑❑❑ J r� - Q ICU`ob 0 v - Lu l..L r , 00 -eg Article Number (Transfer from service label) C 0 a 0 a a N Domestic Return Receipt 0 co N- tn N 0 z 0 T O E LL Weld County • Clerk to the Board's Office • 1150 O Street, Greeley, CO 80631 • (970) 400-4213 • crempel@weldgov.com DR 8400 (08/18/17) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division Submit to Local Licensing Authority Retail Liquor or 3.2 License Renewal Application Please verify & update all information below Licensee Name Ana M. Lucero Doing Business As Name (DBA) Polio Feliz Liquor License # 4600512 License Type 3.2%Beer OnPremise Sales Tax License # 04209498-0000 Expiration Date May 30, 2018 Due Date April 14, 2018 Business Address 2523 8th Avenue, Greeley, CO 80631 Phone Number (970) 378-0158 Mailing Address 2523 8th Avenue, Greeley, CO 80631 Email None Operating Manager Ana M. Lucero Date of Birth Home Address 1208 24th Avenue, Greeley, CO 80634 Phone Number (970) 313-7547 1. Do you have legal possession of the premises at the street address above? Are the premises owned or rented? E 'Owned ❑ Rented* *If rented, iii/Yes expiration ❑ No date of lease 2. Since the date of filing of the last application, has there been any change in financial interest (new notes, loans, organizational structure (addition or deletion of officers, directors, managing members or general partners)? and attach a listing of all liquor businesses in which these new lenders, owners (other thanlicensed financial directors, managing members, or general partners are materially interested. ❑ Yes ❑ No owners, etc.) or If yes, explain in detail institutions), officers, 3. Since the date of filing of the last application, has the applicant or any of its agents, owners, managers, partners than licensed financial institutions) been convicted of a crime? If yes, attach a detailed explanation. ❑ or nders (other Yes No 4. Since the date of filing of the last application, has the applicant or any of its agents, owners, managers, partners than licensed financial institutions) been denied an alcohol beverage license, had an alcohol beverage license revoked, or had interest in apy entity that had an alcohol beverage license denied, suspended or revoked? explanation. ❑ Yes Z No or lenders (other suspended or If yes, attach a detailed 5. Does the applicant or any of its agents, owners, managers, partners or lenders (other than licensed financial direct or indirect interest in any other Colorado liquor license, inc ding loans to or from any licensee or interest licensee? If yes, attach a detailed explanation. ❑ Yes No institutions) have a in a loan to any Affirmation & Consent I declare under penalty of perjury in the second degree that this application and all attachments are true, correct best of my knowledge. and complete to the Type or Print Name of Applicant/Authorized Ant of Business v, \L\ Lu,c'&rD Title 0wVt Sigrr Date E / Report & Approval of City or County Licensing Authority The foregoing application has been examined and the premises, business condu• .- �...' ji i► and we do hereby report that such license, if granted, will comply with the provi s . le i� Rules. Therefore this application is approved. applicant are satisfactory, and 47, C.R.S., and Liquor Local Licensing Authority For '�i,t Weld County. Colorado Date 05/21/2018 Signa a .� j��fjZlLw� Title Steve Moreno 1 Chair, County Comm__Esther Attest E. Gesick Fees Due Renewal Fee 1 (-1.SO Storage Permit $200 X $ — Optional Premise $200 X $ -- Related Facility - Campus Liquor Complex $160.00 per facility $ Amount Due/Paid $ II 1 .5O Make check payable to: Colorado Department of Revenue. The State may convert your check to a one-time electronic banking transaction. Your bank account may be debited as early as the same day received by the State. If converted, your check will not be returned. If your check is rejected due to insufficient or uncollected funds, the Department may collect the payment amount directly from your banking account electronically. Return to city or county licensing authority by due date Clerk to the Boar dittiu,vV.z40;e1 OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE OF FACT OF GOOD STANDING I, Wayne W. Williams, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, Polio Feliz LLC is a Limited Liability Company formed or registered on 05/18/2016 under the law of Colorado, has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number 20161342542 . This certificate reflects facts established or disclosed by documents delivered to this office on paper through 03/09/2018 that have been posted, and by documents delivered to this office electronically through 03/12/2018 @ 15:26:06 . I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued this official certificate at Denver, Colorado on 03/12/2018 @ 15:26:06 in accordance with applicable law. This certificate is assigned Confirmation Number 10774034 . Secretary of State of the State of Colorado *********************************************End of Certificate******************************************* Notice: A certificate issued electronically from the Colorado Secretary of State's Web site is fully and immediately valid and effective. However, as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the Validate a Certificate page of the Secretary of State's Web site, http://www.sos.state.co.us/biz/CertificateSearchCriteria.do entering the certificate's confirmation number displayed on the certificate, and following the instructions displayed. Confirming the issuance of a certificate is merely optional and is not necessary to the valid and effective issuance of a certificate. For more information, visit our Web site, http:// www.sos.state.co.us/ click "Businesses, trademarks, trade names" and select "Frequently Asked Questions." April 15, 2018 To whom it may concern, Polio Feliz's Staff (Ana Lucero, Enrique, Araceli Moran ), have successfully completed the TIPS (Training Intervention Procedures for Sellers/Servers of Alcohol) training session on April 15, 2018. They will receive a three-year certification card and a certificate of completion from TIPS. If you have any questions, please contact me at debbien42Poutlook.com, or 970-576-2044. Thank You, Deb 71eP.aoa Deb Nelson Certified TIPS Trainer #50520 970-576-2044 Chloe Rempel From: Sent: To: Subject: Deb Nelson <debbien42@outlook.com> Wednesday, April 25, 2018 8:25 PM Chloe Rempel RE: TIPS Training - Polio Feliz Yes they did and the letter is from me. The TIPS cards take about 2 weeks to get. Let me know if I can help you further. Deb From: Chloe Rempel <crempel@weldgov.com> Sent: Monday, April 23, 2018 2:48 PM To: Deb Nelson <debbien42@outlook.com> Cc: Frank Haug <fhaug@weldgov.com> Subject: TIPS Training - Polio Feliz Good Afternoon Deb, Ana M. Lucero with Polio Feliz in Greeley submitted the attached letter, verifying that she, Enrique Mendez, and Araceli Moran, completed TIPS Training on April 15, 2018. Please respond to this email to verify the above information is accurate. Thank You, Chloe A. Rempel Deputy Clerk to the Board Weld County 1150 O Street Greeley, CO 80631 tel: 970-400-4213 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to 'vhich it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 Flat I ron NTy O 'olio t e'Ii /r/ /<;•i'chrrr Aims Community College Innovate Educate Y"e(,),'t cr NO C 'AT CAL) L)1•VO, IL_f IJl'A✓i/N 1.')Y am 1, T-cr j,-Iicu/in z l/r r` -)Iii -C O 0 -C C C C iii � � g ['r a it-GT Bit Ave: I:Jiurley (..:4, odo T.-)I7,AtViNC7 r� i JAjms Community College Innovate Educate gk'o_1r- :r NO: /2;% /17 T.! GAD i CMG i'7L.C O1:'AWN G>/: t/,Q,n T. 1_rrt' Pl hnrz +INKDrr: 2.30/0 1 3WVN 2ln0A 3WVN af1OA ?z: -t rrl..r. uJ�l�r7� 7 ,Gil, :i�.trc;,• ri. �7rtcflt, y DPAWING JAims 7!,� I ZIT /1 mef; _ Community College Innovate Enuca(e 3rvVN anoA! 0 11 H 3/12/2018 Property Report Weld County PROPERTY PORTAL Property Information (970) 400-3650 Technical Support (970) 400-4357 Account: R3545586 March 12, 2018 Account Information Tax Account Parcel Space Type unt Year Buildings R3545586 096117311013 Commercial 2018 1 Legal 6134-A L6 & 7 BLK11 1ST ARL PARK (RANCHO ALEGRE) Subdivision Actual Assessed Value Value 360,149 104,450 Block Lot Land Economic Area ARLINGTON PARK 1ST ADD 11 6 GRLY S. 8TH AVE Property Property Address City 2523 S 8TH AVE WELD Zip Section Township Range 17 05 65 Owner(s) Account Owner Name Address R3545586 NEVAREZ-LUCERO MIGUEL R3545586 MENDEZ-HERNANDEZ ENRIQUE 1208 24TH AVE GREELEY, CO 806343516 Document History https://propertyreport.co.weld.co.us/?account=R3545586 1/5 3/12/2018 Property Report Reception Rec Date Type Grantor Grantee Doc Fee Sale Date Sale Price 12-07-2000 SPR SITE PLAN SPR-322 0.00 0 REVIEW 02052408 05-05-1986 SWDN 0.00 01-01-1900 0 ARLINGTON 146051 SUB SUBDIVISION PARK 1ST 0.00 0 ADD WELD CASE: Z- 1706301 04-03-1968 COZ COUNTY 100* ZONING 0.00 0 ZONING C-3 2196188 11-01-1989 WD 2437619 05-09-1995 QC 2726611 10-13-1999 WD 4107249 05-14-2015 SWD RISSLER G ERION ROGER DOUGLAS J ERION FAIRHAVEN DOUGLAS J LLC FAIRHAVEN LLC TARIN ADRIAN O & LUZ ESTELA NEVAREZ- TARIN LUZ LUCERO ESTELA; MIGUEL; TARIN MENDEZ- ADRIAN O HERNANDEZ ENRIQUE 24.50 10-30-1989 245,000 21.50 01-21-1994 215,000 14.80 09-30-1999 148,000 40.00 05-13-2015 400,000 AccountNo R3545586 Building Information Building 1 Building ID Occupancy 1 Restaurant 0/0 ID Type NBHD Occupancy Complete Bedrooms Baths Rooms 1 Commercial 6909 Restaurant 100 0 0 0 https://propertyreport.co.weld.co.us/?account=R3545586 2/5 3/12/2018 Property Report ID Exterior Roof Interior HVAC Perimeter Units Cover 1 Gable Total ID Square Condo Basement Ft SF SF 1 2,591 0 0 Complete HVAC Finished Basement SF 0 224 0 Unit Type Make Garage Carport Balcony Porch SF SF SF SF 0 0 0 0 Built As Details for Building 1 ID Built As Square Year Stories Length Width Ft Built 1.00 Restaurant 2,591 1978 1 0 0 Additional Details for Building 1 ID Detail Type 1 Add On 1 Add On Description Units Asphalt Average 15,000 Concrete Slab Average 360 Valuation Information Type Code Description Actual Value Assessed Value Acres Land SqFt SPECIAL Improvement 2230 PURPOSE- 293,649 85,160 0.000 0 IMPROVEMENTS Land 2130 SPECIAL 66,500 19,290 0.436 19,000 PURPOSE -LAND Totals 360,149 104,450 0.436 19,000 Tax Authorities https://propertyreport.co.weld.co.us/?account=R3545586 3/5 3/12/2018 Property Report Tax Area ID District District Name Current Levy Mill 0604 0700 AIMS JUNIOR COLLEGE 6.317 0604 1050 I HIGH PLAINS LIBRARY 3.256 0604 0301 NORTHERN (NCW) COLORADO WATER 1.000 0604 0206 SCHOOL DIST #6-GREELEY I 45.628 0604 L 0100 WELD COUNTY 15.800 0604 0519 WESTERN HILLS FIRE 10.105 Total I - - 82.106 Photo Sketch https://propertyreport.co.weld.co.us/?account=R3545586 4/5 3/12/2018 Property Report 14.0' 44O0 9.0'1 12.0' Sketch by Apex IVtft4ndows" Restaurant YOC 1978/1987 Class D HVAC 8' WH 2591.0 sf 73.0' Building 1 Page 1 35.0' Copyright © 2018 Weld County, Colorado. All rights reserved. Privacy Policy & Disclaimer I Accessibility Information https://propertyreport.co.weld.co.us/?account=R3545586 5/5 0 CD 15_ O 0 O 0 0 0 0 D cD 0 0 0 C O 0 0 Q) cD 0 m a)a° 0 x co a' a'O 0 a. CD 0 m 0 N 0 PO Box 758 N c0 CO 00 RECEIPT DATE 318'/0©18' NO. 89780 RECEIVED FROM CAA --)04, Lice.r-o ADDRESS aSa3 8-÷b ave. ,&t`Q J u, 13"8Co31 One, Nu ial 3eorpitin (Ia.c, -z:.o l l7. SO FOR cV' T\7E, al i%uc Greeley CO 80632 HOW PAID CASH'_. CHECK t o 1 O MONEY ORDER 0Vjl(PAID ��// CASH CHEEK l ` 1 1 5O MONEY ORDER 3•a Polly Fe -Air BY Ca_O10,e, Q RECEIPT DATE /g/ ao t' NO. 89781 RECEIVED FROM QL c L u cero ADDRESS asa3 g'+h ve.,C9ree) , GU 8'OCo3( O- Kur dre_ci Dollars tt - s to7,sO FOR C,oc.)nTt-4, &: vor ;car, O 3- ( 13/31x S-7QS Pollo BY 610°4V f-irVr-IL APPLICATION FOR RENEWAL OF 3.2 PERCENT BEER ON -PREMISE (COUNTY) RETAIL LICENSE - ANA M. LUCERO, DBA POLLO FELIZ Information Pertaining to the May 21, 2018, Weld County Board of Commissioner's Hearing NOTICE Pursuant to the laws of the State of Colorado and the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631, at the time specified. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior of the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 400-4213, prior to the day of the hearing. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. e-mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your e-mail correspondence into the case file, please send a copy to crempel@weldgov.com. DOCKET #: 2018-69 HEARING DATE: May 21, 2018 HEARING TIME: 9:00 a.m. APPLICANT: Ana M. Lucero dba Polio Feliz 2523 8th Avenue Greeley, CO 80631 REQUEST: Hearing to show whether good cause exists to set a show cause hearing regarding the refusal of a renewal application for a 3.2 Percent Beer On -Premise (County) Retail License, pursuant to Sections 12-2-40 and 12-2-50 of the Weld County Code, and Article 47, Title 12, Section 601, C.R.S. LEGAL DESCRIPTION: Lots 6, and 7, and Block 11 of Section 17, Township 5, Range 65 West of the 6th P.M., Weld County, Colorado. ISSUE: Whether the failure of the License holder to comply with the below requirements violates the terms or Weld County Code 12-2-40, and whether consideration of the factors in Section12- 2-50 justify a refusal to renew the license: 1. Per Resolution #2017-2962, approved on the 28th day of August, 2017: The Board granted renewal of the license, with condition that said applicant adheres to the agreement entered upon with the Colorado Department of Revenue in reference to thirty (30) days of suspension, with ten (10) days active and twenty (20) days held in abeyance, a copy of which is attached hereto and incorporated herein by reference. 2. Per Resolution #2017-2962: The licensee was to operate in conformity with the laws and regulations of Colorado, and did not on the following occasions: a. From May 31, 2017, through July 6, 2017, the Licensee sold and possessed, for sale, fermented malt beverages without required licenses being in full force and effect. b. On July 6, 2017, the Licensee failed to provide information fully, faithfully, truthfully and fairly when she misrepresented herself to a Division investigator who inquired if she was the owner. c. On July 6, 2017, the Licensee failed to post the required liquor warning sign regarding the prohibition against selling alcohol beverages to a person under the age of twenty-one. d. Throughout 2017, the Licensee has failed to keep a complete set of books and records to show fully the business transactions of said Licensee. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: May 14, 2018 PUBLISHED: May 17, 2018, in the Greeley Tribune Affidavit of Publication NOTICE Pursuant to the laws of the State, of Colorado and the Weld County Code, a public hearing wit be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 0Street, Assembly Room, Greeley, Colorado 80631, at the time specified. If a court reporter is desired, please advise the Clerk to the Board. in writing, at least five days prior of the hearing. The cost of engaging a court reporter shall be borne bythe requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to partici- pate in this hearing, please contact the Clerk to the Board's Of- fice at (970) 400.4213, prior to the day of the hearing, The complete case file may be examined in the office of the Clerk to the Board of County Commissioners., Weld County Ad- ministration Building, 1150 0 Street. Greeley. Colorado 80631. e- -mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your a -mat corre- spondence into the case file, please send a copy to crernpel@w eldgov.com. DOCKET 9: 2018-69 HEARING DATE: May 21, 201,8 HEARING TIME: 9:00 a.m. APPLICANT: Ana M. Lucero dba Polio Feiiz 2523 8fh Avenue Greeley, CO 80631 REQUEST: Hearing to show whether good cause exists to set a show cause hearing regarding the refusal of a renewal applica- tion for a 3.2 Percent Beer On -Premise (County) Retail License, pursuant to Sections 12-2.40 and 12-2-50 of the Weld County Code, and Article 47, Title 12, Section 601, C.R.S. LEGAL DESCRIPTION: Lots 6, and 7. and Block 11 of Section 17, Township 5, Range 65. West of the 6th PM., Weld County, Colorado. ISSUE: Whether the failure of the License holder to comply with the below requirements violates the terms or Weld County Code 12-2.40, and whether consideration of the factors in Section12-2- 50 justify a refusal to renew the license: - 1, Per Resolution 92017-2962, approved on the 28th day of Au- gust, 2017: The Board granted renewal of the license, with con- dition that said applicant adheres to the agreement entered upon with the Colorado Department of Revenue in reference to thirty (30) days of suspension, with ten (10) days active and twenty (20) days held in abeyance, a copy of which is attached hereto and incorporated herein by reference. 2. Per Resolution #2017-2962: The licensee was to operate in conformity with'the laws and regulations of Colorado, and did not on the following occasions: a. From May 31. 2017, through July 6: 2017, the Licenseesold and possessed, for sale, fermented malt beverages without re- quired licenses being in full force and effect. b. On July 6, 2017. the Licensee failed to provide information fully, faittauily, truthfully and fairly when she misrepresented her- self to a Division investigator who inquired if she was the owner. c. On July 6, 2017, the Licensee failed to post the required liquor warning sign regarding the prohibition against selling alcohol beverages to a person under the age of twenty-one. d. Throughout 2017, the Licensee has failed to keep a complete set of books and records to show fully the business transactions of said Licensee. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: Stay 14, 2018 The .Tribune May 17, 2018 STATE OF COLORADO County of Weld, I Vickie Garretts SS. of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the Seventeenth day of May A.D. 2018 and the last publication thereof: in the issue of said newspaper bearing the date of the Seventeenth day of May A.D. 2018 that said The Greeley Tribune has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3,1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. May 17, 2018 Total Charges: $22.08 17th day of May 2018 My Commission Expires 09/28/2021 Notary Public KELLY ASH NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20'174040535 0err`n,_ CIO 'EXPIRES SEPT EMEIN� 29' "x1 NOTICE PURSUANT TO THE LIQUOR LAWS OF COLORADO AND THE AUTHORITY OF THE WELD COUNTY BOARD OF COMMISSIONERS Loe.trp 0110_ _riTi 3 2.'+h C.+«ut cI&ts. CO g4Ir CLERK TO THE BOARD PHONE: (970) 400-4225 FAX: (970) 336-7233 1150 O STREET P.O. BOX 758 GREELEY, COLORADO 80632 May 14, 2018 ATTN: ANA M. LUCERO DBA POLLO FELIZ 1208 24TH AVENUE GREELEY, CO 80634 RE: CONTINUED HEARING TO CONSIDER RENEWAL 3.2% BEER ON -PREMISE (COUNTY) LIQUOR LICENSE APPLICATION - ANA M. LUCERO, DBA POLLO FELIZ Dear Applicant: This is to advise you that at the hearing scheduled on Monday. May 14, 2018. at 9:00 a.m. the Weld County Board of Commissioners were presented with information about the allegations from the Colorado Department of Revenue, Liquor Enforcement Division, regarding the thirty (30) day suspension you were previously required to serve, as further enforced and required by the Board per Resolution #2017-2962. approved on the 28th day of August, 2017. After further consideration. the Board has continued the abovementioned matter to May 21, 2018, at 9:00 a.m., in which your presence is strongly encouraged, at which time the Board will consider your request for renewal of a liquor license at 2523 8th Avenue, Greeley, Colorado, 80631, as well as the alleged failure to serve the Colorado Department of Revenue's suspension. The Board may consider if good cause exists to refuse the renewal of your liquor license, pursuant to Sec. 12-2-40 of the Weld County Code. and Article 47. Title 12. Section 601. C.R.S. Monday, 1. Per Resolution #2017-2962, approved on the 28th day of August, 2017: The Board granted renewal of the license, with condition that said applicant adheres to the agreement entered upon with the Colorado Department of Revenue in reference to thirty (30) days of suspension. with ten (10) days active and twenty (20) days held in abeyance. a copy of which is attached hereto and incorporated herein by reference. 2. Per Resolution #2017-2962: The licensee was to operate in conformity with the laws and regulations of Colorado, and did not on the following occasions: a. From May 31. 2017, through July 6. 2017, the Licensee sold and possessed, for sale, fermented malt beverages without required licenses being in full force and effect. On July 6, 2017, the Licensee failed to provide information fully. faithfully, truthfully and fairly when she misrepresented herself to a Division investigator who inquired if she was the owner. c. On July 6, 2017, the Licensee failed to post the required liquor warning sign regarding the prohibition against selling alcohol beverages to a person under the age of twenty-one. d. Throughout 2017, the Licensee has failed to keep a complete set of books and records to show fully the business transactions of said Licensee. The hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631. If you have any questions concerning this matter, please do not hesitate to contact me at (970) 400-4213 or crempel@weldgov.com. Chloe A. Rempel Deputy Clerk to the Board cc: Weld County Attorney's Office Attachments: Stipulation, Agreement, and Order SA 17-295 Weld County Notice, Docket #2018-69 BEFORE THE EXECUTIVE DIRECTOR, DEPARTMENT OF REVENUE STATE OF COLORADO STIPULATION, AGREEMENT, AND ORDER SA 17-295 IN THE MATTER OF: ANA M. LUCERO D/B/A POLLO FELIZ 2523 8TH AVENUE GREELEY, COLORADO 80631 3.2% Beer On Premises License No. 46-00512 The State of Colorado, Liquor Enforcement Division ("Division") and Ana M. Lucero. d/b/a Polio Feliz, 2523 8th Avenue, Greeley, Colorado 80631, ("Licensee") hereby stipulate and agree as follows: 1. Licensee has been the subject of an investigation conducted by the Division. Agents of the Division allege violations of the Colorado Liquor Code, Sections 12-47-901(1)(g), 12-47-701, and 12-47-901(5)(h), C.R.S.; and the Colorado Liquor Rules, Regulations 47- 310(D) and 47-700, 1 C.C.R. 203-2. IT IS ALLEGED THAT: A. From May 31, 2017 through July 6, 2017, the Licensee sold and possessed for sale fermented malt beverages without required licenses being in full force and effect. B. On July 6, 2017, the Licensee failed to provide information fully, faithfully, truthfully and fairly when she misrepresented herself to a Division investigator who inquired if she was the owner. C. On July 6, 2017, the Licensee failed to post the required liquor warning sign regarding the prohibition against selling alcohol beverages to a person under the age of twenty-one. D. Throughout 2017, the Licensee has failed to keep a complete set of books and records to show fully the business transactions of said Licensee. Stipulation, Agreement, and Order Polio Feliz Greeley Office Page 2 2. Licensee acknowledges receipt of sufficient notice, advisement of rights, and process of the proceedings and wishes to resolve all issues which were the subject of the investigation, by entering into this Stipulation, Agreement, and Order ("Order"). 3. The Division and Licensee have discussed the merits of the investigation and allegations, and they have come to a mutual agreement and understanding to jointly propose to the State Licensing Authority a resolution of the allegations in lieu of proceeding to the issuance by the State Licensing Authority of an Order to Show Cause and conducting a hearing to determine the merits of such allegations. The terms and conditions of this Order are subject to approval by the State Licensing Authority. 4. Licensee admits the violations as alleged above in paragraph 1. 5. Licensee agrees, in lieu of the issuance of an Order to Show Cause, and subsequent proceedings, to submit to the following sanctions: A. A thirty (30) day suspension of Licensee's 3.2% Beer On Premises license to take place as follows: i. License to be actively suspended for ten (10) days from 12:01 a.m. on May 11, 2018 until 11:59 p.m. on May 20, 2018. ii. During any period of active license suspension, Licensee shall post signs on its premises in compliance with Regulation 47-600(F), 1 C.C.R. 203-2. iii. Twenty (20) days of the suspension to be held in abeyance for a period of one (1) year, from the date of approval of this agreement by the state licensing authority, pending no further violations of the Colorado Liquor Code during this period. 6. This Order shall be admissible as evidence in future proceedings concerning any alleged violation of this Order. The matters at issue in said future proceeding shall be limited to the question of whether or not Licensee has failed to comply with the terms of this Order. Any issues relating to the underlying complaint or investigation that formed the basis for this Order against Licensee (and any defenses that Licensee may have to such complaint and investigation) shall specifically not be at issue in the proceeding against Licensee for failing to comply with the terms of this Order. In the event an alleged violation of this Order is taken to hearing and the State Licensing Authority determines that the allegations are proven, or Licensee enters into a stipulation in lieu of such a hearing in which it admits such allegations, the State Licensing authority shall, in addition to any other penalty imposed, order Licensee to serve all or any days of suspension presently Stipulation, Agreement, and Order Polio Feliz Greeley Office Page 3 held in abeyance pursuant to this agreement. In the event an alleged violation of this Order is taken to hearing and the State Licensing Authority determines that the allegations are unproven, then the Division shall take no further action and this Order shall remain operative and in full force and effect. 7. Upon execution by all parties, this Order and all its terms shall have the same force and effect as an order entered after a formal hearing pursuant to § 12-47-601, C.R.S., except that it may not be appealed. Failure to comply with the terms of this Order may be sanctioned by the State Licensing Authority as set forth in §§12-47-103(9) (b) and 12-47- 601, C.R.S. 8. Licensee expressly agrees and acknowledges that Licensee has entered into this Order knowingly and voluntarily. Licensee acknowledges that the terms of this Order were mutually negotiated and agreed upon. After the opportunity to consult with legal counsel, Licensee affirms that Licensee has read this Order and fully understands its nature, meaning and content. Licensee agrees that upon execution of this Order, no subsequent action or assertion shall be maintained or pursued by Licensee asserting the invalidity in any manner of this Order. 9. Upon execution by all parties, this Order shall represent the entire and final agreement of the parties. In the event that any provision of this Order is deemed unenforceable by a court of competent jurisdiction, such provision shall be severed, and the remainder of this Order shall be given full force and effect. 10 Licensee understands and knowingly and voluntarily enters into this Order. Licensee further understands and knowingly and voluntarily waives the following rights: A. The right to a formal disciplinary hearing on the merits of the matters forming the basis of this Order and the right to require the State Licensing Authority to meet its burden of proof in a formal hearing; B. The right to cross-examine all witnesses against Licensee at a formal hearing; C. The right to subpoena witnesses, present evidence and to testify on Licensee's own behalf at a formal hearing; D. The right to be represented by counsel of Licensee's own choosing and at Licensee's expense at any stage of this proceeding; E. The right to engage in pre -hearing discovery of the State Licensing Authority's evidence; and Stipulation, Agreement, and Order ('olio heliz t irccicy Office Page 4 I he right to appeal this Order, 1 1. All the costs and expenses incurred by Licensee to comply with this Order shall be the sole responsibility of the Licensee, and shall not in any way be the obligation of the Division. l2. [his Order shall he effective on the date approved and ordered by the Executive Director of the Department of Revenue, as the State Licensing Authority. Should the State Licensing Authority reject the terms hereof. Respondent's admissions herein shall he withdra\\n, and the matter scheduled for a hearing alter issuance of an Order to Show Cause, I 1. Upon approval and order of the State Licensing Authority, this Order shall become a permanent part of the record. and shall be open to public inspection and published pursuant to the Division's standard policies and procedures or applicable law. Patrick Maroney Director Liquor Enforcement Division 0 s-- ( Date Ana M. Luccro Ana M. I.ucero Date APPROVED and ORDERED this « day of Michael S. Hartman Executive Director Department of Revenue State Licensing Authority 2418. Telecopy or electronic versions of this stipulation which contain tlecopy facsimiles of signatures shall be deemed duplicate executed originals of the stipulation. This stipulation may be executed in counterparts and delivered by facsimile, US, Mail (or private carrier), or .pdf transmission. Stipulation, Agreement, and Order Polio Feliz Greeley Office Page 5 CERTIFICATE OF SERVICE I hereby certify that a true and accurate copy of the foregoing STIPULATION, A EEMENT, AND ORDER was placed in the United States Mail on j/ , 2018, addressed as follows: Ana M. Lucero d/b/a Polio Feliz 2523 8th Avenue Greeley, Colorado 80631 Liquor Enforcement Division 1881 Pierce Street, Suite 108 Lakewood, CO 80214 Sandra.Lowman.astate.co.us Chloe Rempel From: Sent: To: Subject: TrackingUpdates@fedex.com Wednesday, May 16, 2018 9:29 AM Chloe Rempel FedEx Shipment 772226057286 Delivered Your package has been delivered Tracking # 772226057286 Ship date: Tue, 5/15/2018 CHLOE REMPEL WELD COUNTY GREELEY, CO 80631 US • Delivered 0 Shipment Facts Our records indicate that the following package has been delivered. Tracking number: 772226057286 Status: Department number: Invoice number: Purchase order number: Reference: Signed for by: Delivery location: Delivered to: Service type: Packaging type: Number of pieces: Weight: Special handling/Services: Delivered: 05/16/2018 09:27 AM Signed for By: Signature not required 10400 CTB CHLOE A. REMPEL CLERK TO THE BOARD Signature not required GREELEY, CO Residence FedEx Priority Overnight FedEx Envelope 1 0.50 lb. Deliver Weekday Delivery date: Wed, 5/16/2018 9:27 am ANA M. LUCERO POLLO FELIZ 1208 24TH AVENUE GREELEY, CO 80634 US Residential Delivery. Standard transit: 5/16/2018 by 10:30 am Please do not respond to this message. This email was seat Iron! an unattended mailbox. This report was generated at approxitnately 10.20 All CUI fall 05/16/2018. fights fete estrnated. k Mies I the tracking r anove. is the date rine ,.°uc try package is scheduled to be , livered by, based on the selected service: destination and :,hip dote. Limitations and e.xceetsun1 may ripply_ Please see the 1 tl arx Service guide- for terms and conditions of service, ;Mating the redi .x Money -Back Stuttrarattice or contact your Fe r e Cr,t. m er Support representefive. 2 1 I I creelal Express Corporate 12 content of thisillf:?ssage is protected by copyright and trademark laws under U.S. and international law Review our privacy policy. Ali rights re Served. (hank you for your business 2 5/14/2018 FedEx Ship Manager - Print Your Label(s) C) O C N -i 70 9821 S09Z ZZLL co vas m z.I(,) 1HOIN213R0 A1I JOI Id tl0£:04 AVIV S4 - 3f11 • m J181118012601 u o< C mo 2 -a Wm m D wm m c-) 0 O3 O, T 0 m O O m o O O 552J2/782BIDCA5 C 2 Or, n ma CDcc CCO W '13aN3S 1118 OD CO 00 S g m a) 0)o. . cs)oA gJ+r mW —I 0) Oo 0 After printing this label: 1. Use the 'Print' button on this page to print your label to your laser or inkjet printer. 2. Fold the printed page along the horizontal line. 3. Place label in shipping pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned. Warning: Use only the printed original label for shipping. Using a photocopy of this label for shipping purposes is fraudulent and could result in additional billing charges, along with the cancellation of your FedEx account number. Use of this system constitutes your agreement to the service conditions in the current FedEx Service Guide, available on fedex.com.FedEx will not be responsible for any claim in excess of $100 per package, whether the result of loss, damage, delay, non-delivery,misdelivery,or misinformation, unless you declare a higher value, pay an additional charge, document your actual loss and file a timely claim.Limitations found in the current FedEx Service Guide apply. Your right to recover from FedEx for any loss, including intrinsic value of the package, loss of sales, income interest, profit, attomey's fees, costs, and other forms of damage whether direct, inddental,consequential, or special is limited to the greater of $100 or the authorized declared value. Recovery cannot exceed actual documented loss.Maximum for items of extraordinary value is $1,000, e.g. jewelry, precious metals, negotiable instruments and other items listed in our ServiceGuide. Written claims must be filed within strict time limits, see current FedEx Service Guide. https://www.fedex.com/shipping/shipAction.handle?method=doContinue 1/1 5/14/2018 FedEx Ship Manager - Print Your Label(s) Shipment Receipt Address Information Ship to: ANA M. LUCERO POLLO FELIZ 1208 24TH AVENUE GREELEY, CO 80634 US 970-313-7547 Ship from: CHLOE REMPEL WELD COUNTY 1150 O STREET RM 166 GREELEY, CO 80631 US 9704004225 Shipment Information: Tracking no.: 772226057286 Ship date: 05/14/2018 Estimated shipping charges: 11.06 USD Package Information Pricing option: FedEx Standard Rate Service type: Priority Overnight Package type: FedEx Envelope Number of packages: 1 Total weight: 0.40 LBS Declared Value: 0.00 USD Special Services: Residential Delivery Pickup/Drop-off: Drop off package at FedEx location Billing Information: Bill transportation to: COUNTYOFWELD-483 DEPARTMENT NAME: CLERK TO THE BOARD SENDER NAME: CHLOE A. REMPEL ADDITIONAL INFO: CTB DEPARTMENT FUND: 10400 Thank you for shipping online with FedEx ShipManager at fedex.com. Please Note FedEx will not be responsible for any claim in excess of $100 per package, whether the result of loss, damage, delay, non -delivery, misdelivery, or misinformation, unless you declare a higher value, pay an additional charge, document your actual loss and file a timely claim. Limitations found in the current FedEx Service Guide apply. Your right to recover from FedEx for any loss, including intrinsic value of the package, loss of sales, income interest, profit, attorney's fees, costs, and other forms of damage whether direct, incidental, consequential, or special is limited to the greater of $100 or the authorized declared value. Recovery cannot exceed actual documented loss. Maximum for items of extraordinary value is $1000, e.g., jewelry, precious metals, negotiable instruments and other items listed in our Service Guide. Written claims must be filed within strict time limits; Consult the applicable FedEx Service Guide for details. The estimated shipping charge may be different than the actual charges for your shipment. Differences may occur based on actual weight, dimensions, and other factors. Consult the applicable FedEx Service Guide or the FedEx Rate Sheets for details on how shipping charges are calculated. https://www.fedex.com/shipping/shipAction.handle?method=doContinue 1/1 Chloe Rempel From: Sent: To: Cc: Subject: Attachments: Good afternoon, Chloe Rempel Monday, May 14, 2018 4:35 PM 'mnevarez94@yahoo.com' Frank Haug; Esther Gesick Notice of Hearing on May 21, 2018 Pollo Feliz Notice of Hearing on May 21, 2018 Pollo Feliz.pdf; Pollo Feliz STIP 051118.pdf; Notice - Docket 2018-69.pdf Per request at the Board of County Commissioner's Hearing on Monday, April 9, 2018. I am sending all correspondence to both the home address of Ana Lucero at 1208 24th Avenue, Greeley, Colorado 80634. and to the email address mnevarez94yahoo.com. This is to advise you that at the hearing scheduled on Monday. May 14, 2018, at 9:00 a.m. the Weld County Board of Commissioners were presented with information about the allegations from the Colorado Department of Revenue, Liquor Enforcement Division, regarding the thirty (30) day suspension you were previously required to serve, as further enforced and required by the Board per Resolution #2017-2962, approved on the 28th day of August, 2017. After further consideration, the Board has continued the abovementioned matter to at which time the Board will consider your request for renewal of a liquor license at 2523 8th Avenue. Greeley, Colorado, 80631. as well as the alleged failure to serve the Colorado Department of Revenue's suspension. The Board may consider if good cause exists to refuse the renewal of your liquor license, pursuant to Sec. 12-2-40 of the Weld County Code, and Article 47. Title 12, Section 601, C.R.S. 9:00 a.m., in which your presence is strongly encouraged, Monday, May 21, 2018, at 1. Per Resolution #2017-2962, approved on the 28th day of August, 2017: The Board granted renewal of the license with condition that said applicant adheres to the agreement entered upon with the Colorado Department of Revenue in reference to thirty (30) days of suspension, with ten (10) days active and twenty (20) days held in abeyance, a copy of which is attached hereto and incorporated herein by reference. 2 Per Resolution #2017-2962: The licensee was to operate in conformity with the laws and regulations of Colorado. and did not on the following occasions: a. From May 31, 2017, through July 6, 2017. the Licensee sold and possessed, for sale, fermented malt beverages without required licenses being in full force and effect. b. On July 6. 2017, the Licensee failed to provide information fully, faithfully, truthfully and fairly when she misrepresented herself to a Division investigator who inquired if she was the owner. c. On July 6. 2017, the Licensee failed to post the required liquor warning sign regarding the prohibition against selling alcohol beverages to a person under the age of twenty-one. d. Throughout 2017, the Licensee has failed to keep a complete set of books and records to show fully the business transactions of said Licensee. The hearing will be held n the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building. 1150 O Street, Assembly Room. Greeley, Colorado 80631. Attachments: 1. Notice of Hearing on May 21, 2018 2. Stipulation, Agreement. and Order SA17-295 1 3. Weld County Notice — Docket 2018-69 If you have any questions or concerns, please do not hesitate to contact me. Sincere regards, Chloe A. Rempel Deputy Clerk to the Board Weld County 1150 O Street Greeley, CO 80631 tel: 970-400-4213 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 APPLICATION FOR RENEWAL OF 3.2 PERCENT BEER ON -PREMISE (COUNTY) RETAIL LICENSE - ANA M. LUCERO, DBA POLLO FELIZ Information Pertaining to the May 14, 2018, Weld County Board of Commissioner's Hearing NOTICE Pursuant to the laws of the State of Colorado and the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631, at the time specified. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior of the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 400-4213, prior to the day of the hearing. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. e-mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your e-mail correspondence into the case file, please send a copy to crempel@weldgov.com. DOCKET #: 2018-54 HEARING DATE: May 14, 2018 HEARING TIME: 9:00 a.m. APPLICANT: Ana M. Lucero dba Polio Feliz 2523 8th Avenue Greeley, CO 80631 REQUEST: Hearing to show whether good cause exists to set a show cause hearing regarding the refusal of a renewal application for a 3.2 Percent Beer On -Premise (County) Retail License, pursuant to Sections 12-2-40 and 12-2-50 of the Weld County Code, and Article 47, Title 12, Section 601, C.R.S. LEGAL DESCRIPTION: Lots 6, and 7, and Block 11 of Section 17, Township 5, Range 65 West of the 6th P.M., Weld County, Colorado. ISSUE: Whether the failure of the License holder to comply with the below requirement to adhere to the agreement entered upon with the Colorado Department of Revenue in reference to thirty (30) days of suspension, with ten (10) days active and twenty (20) days held in abeyance violates the terms or Weld County Code 12-2-40, and whether consideration of the factors in 12-2-50 justify a refusal to renew the license: 1. Per Resolution #2017-2962, approved on the 28th day of August, 2017: The Board granted renewal of the license, with condition that said applicant adheres to the agreement entered upon with the Colorado Department of Revenue in reference to thirty (30) days of suspension, with ten (10) days active and twenty (20) days held in abeyance, a copy of which is attached hereto and incorporated herein by reference. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: April 27, 2018 PUBLISHED: May 2, 2018, in the Greeley Tribune Affidavit of Publication Pursuanttoiihe laws of the State.of:Coloyad0 and the Weld County Code a public hearing will ke held in the. Chambers.` of. the Board`of�County,Corriii sionof drsWeldCounty•Cotoradd Weld County` Addiipistrattott Building 1.150O,Street Assembly ;. Roam Greeley; Colorado 80 31; at the time specified If a court: reporter Is'desired please adviseihe Clerk lathe Board itt writing; atieast fiye.dayy a Odor of the: hearing The cast of engaging:a court reporterahalfbe borne by the reueslir(g party Irtaccordanse with. theAmericahewith Disabilities Act, if specialaccommodatcons are required in order (of you to partici afe in this hearing, please con tact the Clerk to the Boards Of Lice at (970):400 4213 ' prior to tfte day of the hearing Tne compplete case file maybe examined in tfie'oftige of the •` Clerk to the'Board of Couith Commissioners Wetd County Ad ministration Building 1150 Street; -Greeley, Colorado 80831 e mail messages sent to an Indcviduat'Commissioner may not_be includedin_(hecasefile To ensure. inclusion• of youre-mait.cors spondence into the case file please send a copy to.crempelr�w : 1 eidgov.com;: DOCKET.4:2018 54 HEARING DATE May.14 2018 HEARING'TIME 9 00 a nt Anent Lucer0 dba Polio Feltz 2523 8th Avenue Graeie 00.80631 REQUEST Hearing to show whether good cause a 4:8.16. seta 'r show cause.heanng regarding the refusal of e r at appifca Bon for a 3.2: Percent Beer On -Premise (Camty) Retail License pursuant to'Seottonsa2'-2 40' and 12-2 50'ofthe Weld County Code,'and Article 47 Ti11e 12 Section 601, C:RIS .LEGALDESCRIPTION=Lots 6 and>7 and Block 11 Of Secffon 17 Township 5 Range 65 West of the 5th P M Weld County Colorado ISSUE Whether the failure o€ the Licenseholder to comply With the below requirement to: adhere to the agreement entered upon with the Colorado Department of.Revenue fri reference to thirty (30,daysofsuspension with n(1 te0)daysactive eandtwrly (20) days held in abeyance violates the terms or. Weld County Code 12-2.40, and whether consideration of the factors m 12-2 justify a:refusal to renew the license 1 Per Resotutlotl !£2017 2962 approved an the 281h day of August 2017 The Board granted renewal of the.license with Condit on that said'applicant edit eras to the agreement::en tereu d poewiih the Colorado Department of Revenue in refer= ence to thi ((30) days;of suspension with ten (10) days active and twenty(20):d6A..f. eld.in abeyance a copy df:which is at taohedhe Oand'fIncorporated,herein byreference and ?. BOARD OFCOUNTY COMMISSIONERS WELDCOUhfrf COLORADO DATED Apol27 2018 t`. The Tribune'.,. M}y2 2018:` STATE OF COLORADO County of Weld, I Vickie Garretts SS. of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days): that the notice was published in the regular and entire issue of every number of said newspaper' during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the Second day of May A.D. 2018 and the last publication thereof: in the issue of said newspaper bearing the date of the Second day of May A.D. 2018 that said The Greeley Tribune has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3,1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. May 2, 2018 Total Charges: $18.06 2nd day of May 2018 My Commission Expires 09/28/2021 KELLY . SH NOTARY PUBLIC STATE OF COLORADO NOTARY ID 201 740 405 35 MY COMMISSION EXPIRES SEPTEMBER 28, 2021 Chloe Rempel From: Sent: To: Subject: Sent from my iPhone Begin forwarded message: Christopher Cantin Tuesday, May 1, 2018 4:18 PM Chloe Rempel Fwd: From: ccantin@weldgov.com Date: May 1, 2018 at 16:16:34 MDT To: crempel@co.weldgov.com ZOLLO '' FZLXL 1 ZOLLO .7_, FZLXL Sent from my iPhone 2 CLERK TO THE BOARD PHONE: (970) 400-4225 FAX: (970) 336-7233 1150 O STREET P.O. BOX 758 GREELEY, COLORADO 80632 May 1, 2018 ATTN: ANA M. LUCERO DBA POLLO FELIZ 1208 24TH AVENUE GREELEY, CO 80634 RE: HEARING TO CONSIDER RENEWAL 3.2% BEER ON -PREMISE (COUNTY) LIQUOR LICENSE APPLICATION - ANA M. LUCERO, DBA POLLO FELIZ Dear Applicant: The Colorado Department of Revenue has alleged that you have not served the thirty (30) day suspension, as further enforced and required by the Board per Resolution #2017-2962, approved on the 28th day of August, 2017. This is to advise you that at the hearing scheduled on Monday, May 14, 2018, at 9:00 a.m., the Board will consider your request for renewal of a liquor license at 2523 8th Avenue, Greeley, Colorado, 80631, as well as the alleged failure to serve the Colorado Department of Revenue's suspension. The Board may consider if good cause exists to refuse the renewal of your liquor license, pursuant to Sec. 12-2-40 of the Weld County Code, and Article 47, Title 12, Section 601, C.R.S. The hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631. If you have any questions concerning this matter, please do not hesitate to contact me at (970) 400-4213 or crempel@weldgov.com. ef2.4,1„ed Chloe A. Rempel Deputy Clerk to the Board cc: Weld County Attorney's Office Attachments: Email from John McFadden, Colorado Department of Revenue, Re: Suspension of License #46-00512 Weld County Board of Commissioner's Resolution #2017-2962 Chloe Rempel From: Sent: To: Subject: Good Morning, Chloe, McFadden - DOR, John <john.mcfadden@state.co.us> Friday, April 27, 2018 11:21 AM Chloe Rempel Polio Feliz Restaurant License # 46-00512 Per our telephone conversation about Polio Feliz. IT IS ALLEGED THAT: A. From May 31, 2017 through July 6, 2017, the Licensee sold and possessed for sale fermented malt beverages without required licenses being in full force and effect. B. On July 6, 2017, the Licensee failed to provide information fully, faithfully, truthfully and fairly when she misrepresented herself to a Division investigator who inquired if she was the owner. C. On July 6, 2017, the Licensee failed to post the required liquor warning sign regarding the prohibition against selling alcohol beverages to a person under the age of twenty-one. D. Throughout 2017, the Licensee has failed to keep a complete set of books and records to show fully the business transactions of said Licensee. 1. Licensee agrees, in lieu of the issuance of an Order to Show Cause, and subsequent proceedings, to submit to the following sanctions: A. A thirty (30) day suspension of Licensee's 3.2% Beer On Premises license to take place as follows: i. License to be actively suspended for ten (10) days from 12:01 a.m. on May 11, 2018 until 11:59 p.m. on May 20, 2018. ii. During any period of active license suspension, Licensee shall post signs on its premises in compliance with Regulation 47-600(F), 1 C.C.R. 203-2. iii. Twenty (20) days of the suspension to be held in abeyance for a period of one (1) year, from the date of approval of this agreement by the state licensing authority, pending no further violations of the Colorado Liquor Code during this period. Let me know if you need additional information 1 John McFadden, Criminal Investigator Liquor & Tobacco Enforcement Division COLORADO DepArtment 01 F7e�:=nue 2320 Reservoir Rd., Ste. A, Greeley, CO 80634 Office: 970-356-3992 Email: john.mcfadden@state.co.us www. Colorado. goy/ revenue/ liquor 2 Chloe Rempel From: Sent: To: Subject: TrackingUpdates@fedex.com Thursday, May 3, 2018 4:31 PM Chloe Rempel FedEx Shipment 772126847321 Delivered Your package has been delivered Tracking # 772126847321 Ship date: Wed, 5/2/2018 CHLOE REMPEL WELD COUNTY GREELEY, CO 80631 US Delivered Shipment Facts Our records indicate that the following package has been delivered. Tracking number: Status: Department number: Invoice number: Purchase order number: Reference: Signed for by: Delivery location: Delivered to: Service type: Packaging type: Number of pieces: Weight: Special handling/Services: 772126847321 Delivered: 05/03/2018 4:28 PM Signed for By: Signature not required 10400 CTB CHLOE A. REMPEL CLERK TO THE BOARD Signature not required GREELEY, CO Residence FedEx Standard Overnight FedEx Envelope 1 0.50 lb. Deliver Weekday Residential Delivery Delivery date: Thu, 5/3/2018 4:28 pm ANA M. LUCERO POLLO FELIZ 1208 24TH AVENUE GREELEY. CO 80634 US Standard transit: 5/3/2018 by 8:00 pm race,= Please do not respond to this message. This email was sent from an unattended mailbox. This report was generated at approximately 5:31 PM CDT on 05/0312010. All ,A/eights are estimated. Tu track the latest status of your shipment. menl. click on the tracking number ber above. ,ilarrronrd transit is the date. and Gmc thy: package is scheduled to be ;ell', ed by based on the selected service, destination and ship date. I. irritations and exceptions may apply- Please see the -add=s Service Guide for terms and conditions of service. including the FedEx ['Annoy -Back Guarantee, or contact your Fr dEx Customer Support representative. 2018 Federal Express Corporation. The content of this message is protected by copyright and trademark laws under U.S. and international law. Review our privacy POIICV. Ali rights reserved. Thank you for your business. 2 5/1/2018 FedEx Ship Manager - Print Your Label(s) C) O N z LZ£L P99Z LZL1 1HOIN213A0 a2IVaNVIS d00:8 AVIV ZO - a3M PM m J181118012801uv 0< 0 n -9c tri gym( Tv O CO A cn m ~m m n 0 O3 711 v) a o m � m 8 0 552J2/782BECA5 0 0) 0 0 UI H30N3S 1118 After printing this label: 1. Use the 'Print' button on this page to print your label to your laser or inkjet printer. 2. Fold the printed page along the horizontal line. 3. Place label in shipping pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned. Warning: Use only the printed original label for shipping. Using a photocopy of this label for shipping purposes is fraudulent and could result in additional billing charges, along with the cancellation of your FedEx account number. Use of this system constitutes your agreement to the service conditions in the current FedEx Service Guide, available on fedex.com.FedEx will not be responsible for any claim in excess of $100 per package, whether the result of loss, damage, delay, non-delivery,misdelivery,or misinformation, unless you declare a higher value, pay an additional charge, document your actual loss and file a timely claim.Limitations found in the current FedEx Service Guide apply. Your right to recover from FedEx for any loss, including intrinsic value of the package, loss of sales, income interest, profit, attorney's fees, costs, and other forms of damage whether direct, incidental,consequential, or special is limited to the greater of $100 or the authorized declared value. Recovery cannot exceed actual documented loss.Maximum for items of extraordinary value is $1,000, e.g. jewelry, precious metals, negotiable instruments and other items listed in our ServiceGuide. Written claims must be filed within strict time limits, see current FedEx Service Guide. https://www.fedex.com/shipping/shipAction.handle?method=doContinue 1/1 5/1/2018 FedEx Ship Manager - Print Your Label(s) Fed Shipment Receipt Address Information Ship to: ANA M. LUCERO POLLO FELIZ 1208 24TH AVENUE GREELEY, CO 80634 US (970) 313-7547 Ship from: CHLOE REMPEL WELD COUNTY 1150 O STREET RM 166 GREELEY, CO 80631 US 9704004225 Shipment Information: Tracking no.: 772126847321 Ship date: 05/01/2018 Estimated shipping charges: 10.60 USD Package Information Pricing option: FedEx Standard Rate Service type: Standard Overnight Package type: FedEx Envelope Number of packages: 1 Total weight: 0.40 LBS Declared Value: 0.00 USD Special Services: Residential Delivery Pickup/Drop-off: Drop off package at FedEx location Billing Information: Bill transportation to: COUNTYOFWELD-483 DEPARTMENT NAME: CLERK TO THE BOARD SENDER NAME: CHLOE A. REMPEL ADDITIONAL INFO: CTB DEPARTMENT FUND: 10400 Thank you for shipping online with FedEx ShipManager at fedex.com. Please Note FedEx will not be responsible for any claim in excess of $100 per package, whether the result of loss, damage, delay, non -delivery, misdelivery, or misinformation, unless you declare a higher value, pay an additional charge, document your actual loss and file a timely claim. Limitations found in the current FedEx Service Guide apply. Your right to recover from FedEx for any loss, including intrinsic value of the package, loss of sales, income interest, profit, attorney's fees, costs, and other forms of damage whether direct, incidental, consequential, or special is limited to the greater of $100 or the authorized declared value. Recovery cannot exceed actual documented loss. Maximum for items of extraordinary value is $1000, e.g., jewelry, precious metals, negotiable instruments and other items listed in our Service Guide. Written claims must be filed within strict time limits; Consult the applicable FedEx Service Guide for details. The estimated shipping charge may be different than the actual charges for your shipment. Differences may occur based on actual weight, dimensions, and other factors. Consult the applicable FedEx Service Guide or the FedEx Rate Sheets for details on how shipping charges are calculated. https://www.fedex.com/shipping/shipAction.handle?method=doContinue 1/1 Chloe Rempel From: Sent: To: Cc: Subject: Attachments: Good Afternoon, Chloe Rempel Tuesday, May 1, 2018 1:58 PM mnevarez94@yahoo.com Frank Haug; Esther Gesick Letter Re: State Suspension - Ana M. Lucero, dba Polio Feliz Letter - State Suspension - Polio Feliz.pdf Per request at the Board of County Commissioner's Hearing on Monday, April 9, 2018, I am sending all correspondence to both the home address of Ana Lucero at 1208 24th Avenue, Greeley, Colorado 80634, and to the email address mnevarez94(c�yahoo.com. Please see the attached letter regarding information received from the Colorado Department of Revenue regarding 3.2% Beer On -Premise (County) License #46-00512. The Weld County Board of Commissioners will review this information at the hearing on Monday, May 14, 2018, at the hour of 9:00 a.m., to consider the request for renewal of your liquor license at 2523 8th Avenue, Greeley, Colorado 80631. If you have any questions or concerns, please do not hesitate to contact me. Sincere Regards, Chloe A. Rempel Deputy Clerk to the Board Weld County 1150 O Street Greeley, CO 80631 tel: 970-400-4213 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 CLERK TO THE BOARD PHONE: (970) 400-4225 FAX: (970) 336-7233 1150 O STREET P.O. BOX 758 GREELEY, COLORADO 80632 April 9, 2018 ATTN: ANA M. LUCERO DBA POLLO FELIZ 1208 24TH AVENUE GREELEY, CO 80634 RE: HEARING TO CONSIDER RENEWAL 3.2% BEER ON -PREMISE (COUNTY) LIQUOR LICENSE APPLICATION — ANA M. LUCERO, DBA POLLO FELIZ Dear Applicant: This is to advise you that at the hearing to consider your request for renewal of a liquor license at 2523 8th Avenue, Greeley, Colorado, 80631, on Monday, April 9, 2018, at 9:00 a.m., the Weld County Board of Commissioners continued the matter until Monday, May 14, 2018, at 9:00 a.m., to provide you with further time to present documentary evidence relating to the completion of "Responsible Vendor" training, as required by the Board per Resolution 2017-2962, approved on the 28th day of August, 2017. The hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631. If documentary evidence has not been submitted to the Weld County Clerk to the Board's Office by May 14, 2018, and/or is not provided at the Weld County Board of Commissioner's hearing on May 14, 2018, the Board may consider if good cause exists to refuse the renewal of your liquor license, pursuant to Sec. 12-2-40 of the Weld County Code, and Article 47, Title 12, Section 601, C.R.S. For information about "Responsible Vendor" training approved by the Colorado Department of Revenue, Liquor Enforcement Division, please visit their website at: https://www.colorado.gov/pacific/enforcement/approved-responsible-vendors-traininq. If you have any questions concerning this matter, please do not hesitate to contact me at (970) 400-4213 or crempel@weldgov.com. Sincerely, Chloe A. Rempel Deputy Clerk to the Board cc: Weld County Attorney's Office Chloe Rempel From: Sent: To: Cc: Subject: Attachments: Good Morning, Chloe Rempel Monday, April 9, 2018 10:47 AM mnevarez94@yahoo.com Frank Haug Hearing to Consider Renewal Liquor License - Polio Feliz Hearing Continued Letter - Scheduled May 14, 2018.pdf Per request at the Board of County Commissioner's Hearing on Monday, April 9, 2018, I am sending all correspondence to both the home address of Ana Lucero at 1208 24th Avenue, Greeley, Colorado 80634, and to the email address mnevarez94(a yahoo.com. Please see the attached letter to advise you that the hearing to consider the request for renewal of a liquor license at 2523 8th Avenue, Greeley, Colorado 80631, has been continued to Monday, May 14, 2018, at the hour of 9:00 a.m. The Board of County Commissioners is requiring documentary evidence relating to the completion of "Responsible Vendor" training be submitted prior to or at the hearing on May 14, 2018. If documentary evidence has not been submitted, the Board may consider if good cause exists to refuse the renewal of your liquor license. For further information about "Responsible Vendor" training, please visit https://www.colorado.gov/pacific/enforcement/approved-responsible-vendors-traininq. If you have any questions, please do not hesitate to contact me. Sincere Regards, Chloe A. Rempel Deputy Clerk to the Board Weld County 1150 O Street Greeley, CO 80631 tel: 970-400-4213 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 WELD COUNTY LIQUOR LICENSE CERTIFICATE OF MAILING COMPANY ADDRESS 1 CITY POSTAL CODE STATE LAST NAME FIRST NAME Ana Lucero Pollo Feliz 1208 mnevarez94@yahoo. corn 24th Avenue Greeley CO 80634 I hereby certify that I have sent a notification of hearing date letter in accordance with the notification requirements of Weld County in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list this 9th day of April, 2018. Chloe A. Rempel Deputy Clerk to the Board I a W W CC C)_ i CD Ch O - W t� Ll- O V CC th Q) (OWE DUo 6io LL 2 D a) O C 0 s a t, 0 � a U a, a) 0 a 0 0 U m � 9 M cc 43 4 49 49 z > 15 75 O _U O m C (+5 :SIv 1 c Co cc m --(5,---e.g rn rn [n In E 4., cif O Q Q ❑❑❑D i 44 62LE 9E6L 0000 OSLO 9T0L • S. -,-, ..-r w as -.. - 1'." • - v U.S. POSTAGE>> PITNEY BOWES 1 I 7%. CD CO O N to:O� O ct rIco N- O CO It O NesO —NO N O O ru N m co rn II LI 0 a N •••• t- r -a ATTN: ANA O DC U N D .J O J O C1. 0 H CD no g to H X O LL; a ce LL� 0 H S./ I- dF- -JZ U LU cr Ui Z a. CJ OMEN OOP soOlo SIAM w ••+— mar MSS Oil o� = u�MMOMMOOOt elei N M -- Ca w D) �..... cue f O LAP 73 I 2:tlin • (Li APPLICATION FOR RENEWAL OF 3.2 PERCENT BEER ON -PREMISE (COUNTY) RETAIL LICENSE - ANA M. LUCERO, DBA POLLO FELIZ Information Pertaining to the April 9, 2018, Weld County Board of Commissioner's Hearing 1861 ,i_-rilm.D,,m.,. V COUNTY April 2, 2018 ATTN: ANA M. LUCERO DBA POLLO FELIZ 2523 8TH AVENUE GREELEY, CO 80631 CLERK TO THE BOARD PHONE: (970) 400-4225 FAX: (970) 336-7233 1150 O STREET P.O. BOX 758 GREELEY, COLORADO 80632 RE: HEARING TO CONSIDER RENEWAL 3.2% BEER ON -PREMISE (COUNTY) LIQUOR LICENSE APPLICATION - ANA M. LUCERO, DBA POLLO FELIZ Dear Applicant: This is to advise you that at the hearing to consider your request for renewal of a liquor license on Monday, April 2, 2018, at 9:00 a.m., the Weld County Board of Commissioners continued the matter until Monday, April 9, 2018, at 9:00 a.m., to provide you with further time to present information relating to the completion or intent to complete "Responsible Vendor" training, as required by the Board per Resolution 2017-2962, approved on the 28th day of August, 2017. The hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631. If documentary evidence has not been submitted to the Weld County Clerk to the Board's Office by April 9, 2018, and/or is not provided at the Weld County Board of Commissioner's hearing on April 9, 2018, the Board may continue the matter further to provide you with an opportunity for you and your employees to complete "Responsible Vendor" training and submit documentary evidence of said training, and to consider if good cause exists to refuse the renewal of your liquor license, pursuant to Sec. 12-2-40 of the Weld County Code, and Article 47, Title 12, Section 601, C.R.S. For information about "Responsible Vendor" training approved by the Colorado Department of Revenue, Liquor Enforcement Division, please visit their website at: https://www.colorado.gov/pacific/enforcement/approved-responsible-vendors-training. If you have any questions concerning this matter, please do not hesitate to contact me at (970) 400-4213 or crempel@weldgov.com. Sincerely, ed29,g, R(24yik,e_, Chloe A. Rempel Deputy Clerk to the Board cc: Weld County Attorney's Office Chloe Rempel From: Sent: To: Subject: TrackingUpdates@fedex.com Tuesday, April 3, 2018 9:24 AM Chloe Rempel FedEx Shipment 771893891913 Delivered Your package has been delivered Tracking # 771893891913 Ship date: Mon, 4/2/2018 CHLOE REMPEL WELD COUNTY GREELEY, CO 80631 US Delivered Shipment Facts Our records indicate that the following package has been delivered. Tracking number: 771893891913 Status: Delivered: 04/03/2018 09:21 AM Signed for By: C.GARICA Department number: 10400 Invoice number: CTB Purchase order number: CHLOE A. REMPEL Reference: CLERK TO THE BOARD Signed for by: C.GARICA Delivery location: GREELEY, CO Delivered to: Receptionist/Front Desk Service type: FedEx Priority Overnight Packaging type: FedEx Envelope Number of pieces: 1 Weight: 0.50 lb. Special handling/Services: Adult Signature Required Deliver Weekday Delivery date: Tue, 4/3/2018 9:21 am ANA M. 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Thank you for your business. 2 4/2/2018 FedEx Ship Manager - Print Your Label(s) l'410 Address Information Ship to: ANA M. LUCERO POLLO FELIZ 2523 8TH AVENUE GREELEY, CO 80631 US 970-313-7547 Shipment Receipt Ship from: CHLOE REMPEL WELD COUNTY 1150 O STREET RM 166 GREELEY, CO 80631 US 9704004225 Shipment Information: Tracking no.: 771893891913 Ship date: 04/02/2018 Estimated shipping charges: 12.36 USD Package Information Pricing option: FedEx Standard Rate Service type: Priority Overnight Package type: FedEx Envelope Number of packages: 1 Total weight: 0.50 LBS Declared Value: 0.00 USD Special Services: Adult signature required Pickup/Drop-off: Drop off package at FedEx location Billing Information: Bill transportation to: COUNTYOFWELD-483 DEPARTMENT NAME: CLERK TO THE BOARD SENDER NAME: CHLOE A. REMPEL ADDITIONAL INFO: CTB DEPARTMENT FUND: 10400 Thank you for shipping online with FedEx ShipManager at fedex.com. Please Note FedEx will not be responsible for any claim in excess of $100 per package, whether the result of loss, damage, delay, non -delivery, misdelivery, or misinformation, unless you declare a higher value, pay an additional charge, document your actual loss and file a timely claim. Limitations found in the current FedEx Service Guide apply. Your right to recover from FedEx for any loss, including intrinsic value of the package, loss of sales, income interest, profit, attorney's fees, costs, and other forms of damage whether direct, incidental, consequential, or special is limited to the greater of $100 or the authorized declared value. Recovery cannot exceed actual documented loss. Maximum for items of extraordinary value is $1000, e.g., jewelry, precious metals, negotiable instruments and other items listed in our Service Guide. Written claims must be filed within strict time limits; Consult the applicable FedEx Service Guide for details. The estimated shipping charge may be different than the actual charges for your shipment. Differences may occur based on actual weight, dimensions, and other factors. Consult the applicable FedEx Service Guide or the FedEx Rate Sheets for details on how shipping charges are calculated. https://www.fedex.com/shipping/shipAction.handle?method=doContinue 2/2 4/2/2018 FedEx Ship Manager - Print Your Label(s) N -m< C) O a £1,6I 68£6 8L11 co 0 Z ., n 1HJIN2I3A0 A1R1OI21d d0£:04 2IdV £0 - 3fll m J181118812681uv 0< o ' 0-orlj • T rpn r • -• m< O n co C) m m 73 m m 0 8 0 0 O NOD N O z Ico - �p nmc r_n Z N c 0 m 552J119132IDCA5 CO-soo Z73 ,n1273 =1m c7 -m5 moan- 0omz n- n AmZ G) mop -1� Cco—• -10 mi-<,3_1n o Co K ti O C) N) N) 2B0NRS 1118 0> Ci7 O02 rno. . rnC4 .0 D �nr17 ZW A CO w 0 CO 0 After printing this label: 1. Use the 'Print' button on this page to print your label to your laser or inkjet printer. 2. Fold the printed page along the horizontal line. 3. Place label in shipping pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned. Warning: Use only the printed original label for shipping. Using a photocopy of this label for shipping purposes is fraudulent and could result in additional billing charges, along with the cancellation of your FedEx account number. Use of this system constitutes your agreement to the service conditions in the current FedEx Service Guide, available on fedex.com.FedEx will not be responsible for any claim in excess of $100 per package, whether the result of loss, damage, delay, non-delivery,misdelivery,or misinformation, unless you declare a higher value, pay an additional charge, document your actual loss and file a timely claim.Limitations found in the current FedEx Service Guide apply. Your right to recover from FedEx for any loss, including intrinsic value of the package, loss of sales, income interest, profit, attorney's fees, costs, and other forms of damage whether direct, incidental,consequential, or special is limited to the greater of $100 or the authorized declared value. Recovery cannot exceed actual documented loss.Maximum for items of extraordinary value is $1,000, e.g. jewelry, precious metals, negotiable instruments and other items listed in our ServiceGuide. Written claims must be filed within strict time limits, see current FedEx Service Guide. https://www.fedex.com/shipping/shipAction.handle?method=doContinue 1/2 Chloe Rempel From: Sent: To: Cc: Subject: Attachments: Frank, Chloe Rempel Monday, April 2, 2018 3:20 PM Frank Haug Esther Gesick Phone Conversation with Ana M. Lucero, dba Polio Feliz Proof of Reso Recvd.pdf; Proof of Letter with Reso Conditions Recvd.pdf; Example of Ana's Signature on Application.pdf; Letter of Request - Ana M. Lucero, dba Polio Feliz.pdf; RE: Renewal Liquor License - Ana M. Lucero, dba Polio Feliz; Responsible Vendor Training; FedEx Ship Manager - Print Your Label(s).pdf I just got off the phone with Ana M. Lucero (Polio Feliz), and she informed me that she hadn't realized the hearing was today, and she said she wasn't aware she and her employees needed to be "Responsible Vendor" trained. She and I, along with her accountant, had a phone conversation on Friday, March 16, 2018, in which I explained the attached letter of request, sent on March 13, 2018, and provided the link to the Colorado Department of Revenue's webpage with information pertaining to "Responsible Vendor" training. I explained to Ms. Lucero that her renewal application was continued to Monday, April 9, 2018, at 9:00 a.m., in the Weld County Administration Building, and that a notice of hearing date letter was sent via Fedex (expected to arrive tomorrow). Ms. Lucero asked if her accountant could call me this afternoon to confirm the information that I provided to her today, and I told her I would be more than happy to reiterate the information. Ms. Lucero confirmed that she will be in attendance of Monday's hearing, and would look into "Responsible Vendor" training. Please let me know if you have any questions. Thank you, Chloe A. Rempel Deputy Clerk to the Board Weld County 1150 O Street Greeley, CO 80631 tel: 970-400-4213 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 APPLICATION FOR RENEWAL OF 3.2 PERCENT BEER ON -PREMISE (COUNTY) RETAIL LICENSE - ANA M. LUCERO, DBA POLLO FELIZ Information Pertaining to the April 2, 2018, Weld County Board of Commissioner's Hearing March 13, 2018 CLERK TO THE BOARD PHONE: (970) 400-4225 FAX: (970) 336-7233 1150 O STREET P. O. BOX 758 GREELEY, COLORADO 80632 ATTN: ANA M. LUCERO POLLO FELIZ 2523 8TH AVENUE GREELEY, CO 80631 RE: 3.2% BEER ON -PREMISE (COUNTY) LIQUOR LICENSE Ms. Lucero, Prior to the Weld County Board of Commissioners hearing on April 2, 2018, to consider your request to renew the liquor license at 2523 8th Avenue, Greeley, Colorado 80631, please provide confirmation that you served the suspension entered upon with the Colorado Department of Revenue, Liquor Enforcement Division. Please also provide documentary evidence verifying that you and all of your employees were "responsible vendor" trained. If you have questions or need additional information, please do not hesitate to contact me at (970) 400-4213. Very truly yours, ea(2.e. R,,,t,__(2 Chloe A. Rempel Deputy Clerk to the Board crempel@weldgov.com cc: County Attorney 2018-1061 WELD COUNTY RENEWAL LIQUOR LICENSE CERTIFICATE OF MAILING FIRST NAME LAST NAME COMPANY ADDRESS 1 CITY STATE POSTAL CODE Ana Lucero Polio Feliz 2523 8th Avenue Greeley CO 80631 I hereby certify that I have sent a notification of requirements letter in accordance with the notification requirements of Weld County in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list this 13th day of March, 2018. 090aV,- Chloe A. Rempel Deputy Clerk to the Board Chloe Rempel From: Sent: To: Cc: Subject: Good Afternoon, Chloe Rempel Friday, March 16, 2018 2:03 PM 'leond@d-e-associates.com' Frank Haug Responsible Vendor Training Thank you and Ms. Lucero for calling me this afternoon to inquire about responsible vendor training. Please visit https://www.colorado.gov/pacific/enforcement/approved-responsible-vendors-traininq for information about Colorado approved Responsible Vendor Training, as well as a list of approved vendors. Sincere Regards, Chloe A. Rempel Deputy Clerk to the Board Weld County 1150 O Street Greeley, CO 80631 tel: 970-400-4213 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 March 13, 2018 CLERK TO THE BOARD PHONE: (970) 400-4225 FAX: (970) 336-7233 1150 O STREET P.O. BOX 758 GREELEY, COLORADO 80632 ATTN: ANA LUCERO POLLO FELIZ 2523 8TH AVENUE GREELEY, CO 80631 RE: RENEWAL LIQUOR LICENSE APPLICATION - 3.2% BEER ON -PREMISE (COUNTY) Dear Property Owner: This is to advise you that the Weld County Board of Commissioners will hear your request for renewal of a liquor license on the property described as: 2523 8th Avenue, Greeley, Colorado 80631. The meeting is scheduled for April 2, 2018, at 9:00 a.m., in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631. If you have any questions concerning this matter, please do not hesitate to contact me at (970) 400-4213 or crempel@weldgov.com. Sincerely, Chloe A. Rempel Deputy Clerk to the Board cc: County Attorney WELD COUNTY RENEWAL LIQUOR LICENSE CERTIFICATE OF MAILING FIRST NAME LAST NAME COMPANY ADDRESS 1 CITY STATE POSTAL CODE Ana Lucero Polio Feliz 2523 8th Avenue Greeley CO 80631 I hereby certify that I have sent a notification of hearing date letter in accordance with the notification requirements of Weld County in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list this 13th day of March, 2018. Chloe A. Rempel Deputy Clerk to the Board APPLICATION FOR RENEWAL OF 3.2 PERCENT BEER ON -PREMISE (COUNTY) RETAIL LICENSE - ANA M. LUCERO, DBA POLLO FELIZ Information Pertaining to the August 28, 2017, Weld County Board of Commissioner's Hearing RESOLUTION RE: APPROVAL OF RENEWAL APPLICATION FOR 3.2 PERCENT BEER ON -PREMISE (COUNTY) RETAIL LIQUOR LICENSE ISSUED TO ANA M. LUCERO, DBA POLLO FELIZ, AND AUTHORIZE CHAIR TO SIGN - EXPIRES MAY 30, 2018 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, Ana M. Lucero, dba Polio Feliz, presented to the Board of County Commissioners of Weld County, Colorado, an application for the renewal of a 3.2 Percent Beer On -Premise (County) Retail License for the sale of fermented malt beverages, containing not more than 3.2 percent of alcohol by weight, for consumption by the drink on the premises only, and WHEREAS, the application was received on July 12, 2017, after the license expiration date of May 30, 2017, and said applicant has paid the late renewal fine of $500.00 to the County of Weld, and WHEREAS, pursuant to Exhibit 5-H of the Weld County Code, said applicant has paid the sum of $107.50 to the County of Weld for the renewal of the pending license, and WHEREAS, said applicant has exhibited a State License for the sale of fermented malt beverages containing not more than 3.2 percent of alcohol by weight for consumption by the drink on the premises only, outside the corporate limits of any town or city in the County of Weld at the location described as follows: 2523 8th Avenue Greeley. Colorado 80631 WHEREAS, a hearing before the Board was held on the 7th day of August, 2017, at which time the Board deemed it advisable to continue said matter to August 28, 2017, to allow said applicant additional time to respond to the Colorado Department of Revenue concerning suspension and penalty enforcement, and WHEREAS, on August 28, 2017, the Board granted renewal of the license, with condition that said applicant adheres to the agreement entered upon with the Colorado Department of Revenue in reference to thirty (30) days of suspension, with ten (10) days active and twenty (20) days held in abeyance, a copy of which is attached hereto and incorporated herein by reference, and WHEREAS, the Licensee and each employee shall be "responsible vendor" trained, and the Licensee shall provide documentary evidence that each person has been "responsible vendor" trained to the Weld County Clerk to the Board's Office within thirty (30) days of this renewal being granted. Cc- •50CRS), Ca.CFH), c‘.PPL. Rf�/r-7 2017-2962 LC0045 APPROVE RENEWAL APPLICATION OF 3.2 PERCENT BEER ON -PREMISE (COUNTY) LIQUOR LICENSE - ANA M. LUCERO, DBA POLLO FELIZ PAGE 2 NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Weld County, Colorado, having examined said application and the other qualifications of the applicant, does hereby grant License Number 2017-21 for applicant to sell fermented malt beverages, containing not more than 3.2 percent of alcohol by weight, for consumption by the drink on the premises only, and the Board does hereby authorize and direct the issuance of said license by the Chair of the Board of County Commissioners, attested to by the Clerk to the Board of Weld County, Colorado, which license shall be in effect until May 30, 2018, providing that said place where the licensee is authorized to sell fermented malt beverages containing not more than 3.2 percent of alcohol by weight, for consumption by the drink on the premises only, shall be conducted in strict conformity to all of the laws of the State of Colorado and the rules and regulations relating thereto, heretofore passed by the Board of County Commissioners of Weld County, Colorado, and any violations thereof shall be cause for revocation of the license. BE IT FURTHER RESOLVED by the Board that pursuant to the agreement entered upon with the Colorado Department of Revenue, said License is subject to a thirty (30) day suspension, with ten (10) active and twenty (20) days held in abeyance pursuant to an agreement with the State. BE IT FURTHER RESOLVED by the Board that the Licensee and each employee shall be "responsible vendor" trained, and the Licensee shall provide documentary evidence that each person has been "responsible vendor" trained to the Weld County Clerk to the Board's Office within thirty (30) days of this renewal being granted. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said renewal application. 2017-2962 LC0045 APPROVE RENEWAL APPLICATION OF 3 2 PERCENT BEER ON -PREMISE (COUNTY) LIQUOR LICENSE - ANA M LUCERO, DBA POLLO FELIZ PAGE 3 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of August, A D , 2017 ATTEST dizytetiW ;e1 Weld County Clerk to the Board CZ AP' ••VED A BOARD OF COUNTY COMMISSIONERS WELD COI,INTY, COLORADO SI Julie 1z ozad, Chair l oun y Attorney err . '�'` ill ' ' 1,�/"Uft�c I rbara Kirkmey r Date of signature R'l.v)1 I I 1 2017-2962 LC0045 Chloe Rem el From: Sent: To: Subject: Frank Haug Wednesday, August 16, 2017 9:56 AM Chloe Rempel FW: Polio Feliz in Weld County From: Alderden - DOR, James [mailto:James.alderden@state.co.usj Sent: Wednesday, August 16, 2017 9:51 AM To: Frank Haug <fhaug@weldgov.com> Subject: Re: Polio Feliz in Weld County My belief is that since they have applied and have paid the fee, they are legal to operate again unless and until the county denies the renewal application, in which case it would resolve all the issues. James Alderden Investi • ations Supervisor Liquor & Tobacco Enforcement COLORADO Department of Revenue it 2320 Reservoir Road, Suite A, Greeley, CO 80634 office: 970-356-3992 I fax: 970-378-8896 I cell: 970-534-0946 email:james.atderden@state.co.us I www.colorado.gov/revenue/liquor On Tue, Aug 15, 2017 at 2:44 PM, Frank Haug <fhaug weldgov.com> wrote: Well, it is good we discuss it then I suppose, so we don't have a happy chicken or the egg coming first problem. So your suspension assumes that our board would grant them a new license, is that right? If our board does not, I suppose the suspension wouldn't matter. Would the resolution resolve all the pending issues that the state has? I just want to be able to tell our board whether the state has a position on the reelicensing or whether the establishment has effectively paid its dues, thanks. From: Alderden - DOR, James (mailto:lames.aiderden@state.cous] Sent: Tuesday, August 15, 2017 2:40 PM To: Frank Haug <fhauRPweldgov.com> Subject: Re: Polio Feliz in Weld County Actually, I need to specify the dates of the suspension in the Order. If I get it out tomorrow, we are looking about 6 weeks out before the suspension starts. If they haven;t been licensed by then, I will likely have to redraft the Order and start over again.. 1 EXHIBIT A James Alderden Investigations Supervisor Liquor & Tobacco Enforcement COLORADO Department of Revenue 2320 Reservoir Road, Suite A, Greeley, CO 80634 office. 970-356-3992 I fax. 970-378-8896 I cell. 970-534-0946 email.james alderden@state co us I www colorado Roy / revenue/ Liquor On Tue, Aug 15, 2017 at 2 29 PM, Frank Haug <fhaugaweldgov corn> wrote Thanks I think we are set for sometime at the end of the month, hopefully we can get it done by then,'thanks for the update My understanding Is that once that is signed, if we were to approve their renewal application, the 10 days would begin following that license becoming active again, is that right? From Alderden - DOR, James (madto James alderdenC estate co use Sent Tuesday, August 15, 2017 2 26 PM To. Frank Haug <fhauu@welditov corn> Subject. Re Polio Fela in Weld County They have agreed to a 10 day suspension with 20 days is abeyance I will be drafting the stipulation today, but it will likely take a few weeks to work its way through, get signed and paid When everything is completed, the local licensing clerk should receive a copy James Alderden Investigations Supervisor Liquor & Tobacco Enforcement (COLORADO Department of Revenue 2320 Reservoir Road, Suite A, Greeley, CO 80634 office 970-356-3992 I fax. 970.378-8896 I cell: 970-534-0946 email lames alderden@state co us I www colorado goy/revenue/liquor 2 On Mon, Aug 7, 2017 at 10 03 AM, Frank Haug <fhaug©weldeov corn> wrote I I Thanks, our board continued this until August 30 to see if they resolve the issue with the state Please keep us i posted on what happens From. Alderden - DOR, James [mailto James alderden@state co usj Sent. Friday, August 4, 201712 03 PM To. Frank Haug <fhaug@weldaov corn> Subject. Re Polio Feliz In Weld County Certainly James Alderden Investigations Supervisor Liquor & Tobacco Enforcement I COLORADO Department of Revenue i I ucu a r_-„ v 2320 Reservoir Road, Suite A, Greeley, CO 80634 office: 970-356-3992 I fax. 970-378-8896 I cell. 970-534-0946 email:lames alderden@state co us I www Colorado gov/revenue/liquor On Fn, Aug 4, 2017 at 12 01 PM, Frank Haug <fhaug@weldgov corn> wrote Thanks, are you okay if I tell our board that is your proposed settlement? From Alderden - DOR, James [mallto lames alderden@state co us] Sent Friday, August 4, 2017 1156 AM To: Frank Haug <fhaug@weldgov com> Subject Re Polio Feltz in Weld County 3 l' I i I will be sending out a Notice of Violation to the licensee today Our proposed settlement, approved by our administration, is a thirty day suspension - ten active and twenty held in abeyance They can either agree to that or request it be taken to a Hearing Regarding the records release, you are probably more knowledgeable about that than I am I believe under the Criminal Justice Record Act, records can only be released by the records custodian of the originating agency I am not sure if this report would fall under the Criminal Justice Records Act or the Colorado Open Records Act, and what restrictions there may be under the later Our PIO is Meghan Tanis She may have a better answer She can be reached at 303-205-2901 or meghan tanis@state co us James Alderden Investigations Supervisor Liquor & Tobacco Enforcement COLORADO Department of Revenue 2320 Reservoir Road, Suite A, Greeley, CO 80634 office 970-356-3992 I fax. 970-378.8896 I cell. 970-534-0946 i email.lames.alderden®state co us I www.colorado goy/revenue/liquor i On Fri, Aug 4, 2017 at 8 28 AM, Frank Haug <fhaug@weldgov corn> wrote I wanted to contact you to check on a couple of issues Pollo feliz has applied for a renewal of their liquor license and this will go before our board of county commissioners on Monday I have received a report r regarding your investigation of them, and the fact that they are in violation I am curious what steps the state is taking, and how you would suggest we bring this information to the attention of our Board The i , ; , report itself is something that I believe our board needs to be aware of when considering whether to grant a ' I renewal of the liquor license However, this will take place in an open meeting My understanding is that you asked that we share the packet with the board, but not the public I am not sure what law you are ' , relying on to support this information not being provided to the public Can you please let me know why we cannot simply include the report as part of the information we submit to the board') If the investigation i l l i is ongoing, perhaps that makes sense, but if it is concluded, I am not sure what harm there is m releasing 4 i I I the information Also, if I am not contacting the right people, please let me know who to get a hold of, thanks tiI 1 t ; Frank N Haug ii Assistant Weld County Attorney i I 1150 O Street .I! Mailing Address P O Box 758, Greeley, CO 80632 I i { tel (970) 400-4394 ,� I , fax (970) 352-0242 Confidentiality Notice This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure If you have received this communication m error, please immediately notify sender by return e-mail and destroy the communication Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited 5 THIS LICENSE EXPIRES MAY 30, 2018 J� �J�J1 JJ� JJJ��J� JJ, JJ1 J� � J1 JJ1 JJ' JJ1 JJ1 JJ1 JJ1 J�1 JJ� JJ1 J�JJ�� JYJ��rl� I Y license Number 2017-21 STALE OF COLORAIX) License Fee $107.50 COUNTY OF WELL) RETAIL LIQUOR LICENSE B1 AUTHORITY OF THE BOARD OF COUNTY CUNLMISjIONLRS s.... FOR A 3.2 PERCENT BEER ON -PREMISE (COUNTY) RETAIL LIQUOR LICENSE TO SELL FERMENTED MALT BEVERAGES, CONTAINING NOT MORE THAN 3.2 PERCENT OF ALCOHOL Bl WEIGHT This is to Certify, that Ana M. Lucero, dba Polo Fella, of the State of Colorado, having applied for a license to sell fermented malt beverages, containing not more than 3.2 percent of alcohol by weight, and having paid to the County Treasurer the sum of One l lundred Seven and 150/ 1001 ($10730) Dollars. Therefore, the above applicant is hereby licensed to sell fermented malt beverages, containing not more than 3.2 percent alcohol by weight, by the drink for consumption on the premises only, as a 3.2 Percent Beer On -Premise (County) Retail Liquor License, at the address of 2523 8th Avenue, Greeley, Colorado 80631, in the County of Weld, State of ( :oh )rado, for a period beginning on the 31st day of May, 2017, and ending on the 30th day of May, 2018, unless this license is revoked sooner as provided by law. This license is issued subject to the laws of the State of Colorado and especially under the provisions of Article 47 of title 12, Colorado Revised Statues, as amended. IN TTESTIM1ON1' W111..1(1( .IZI c part! �,f Counts* Commissioners has hereunto subscribed its name by its officers dui\ authorized this 28th day i ,t \t,; �,•�, �� I a lfl ( {+ft if) KAM ..edo;',/k Favvir-Q, J�� GIJJJGJ`-CJ'GJ�CJ�CJ'-�Gc•, .s 1 1;1 "lice Board j'' aunty Cunnnussxniers 'stun' .,4 t .4/Ilis l •AMMO. ''t t • f JCJ'CJ�GJ�CJ�CJ�_C�_J'-CJ'CJ�J�CJ'CJ'-CJ'�1-o TO BE POSTED IN A CONSPi S PLACE. NON -TRANSFERABLE. THIS LICENSE MUST BE POSTED IN PUBLIC VIEW DR 8402 (07/01/2012) STATE OF COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1881 Pierce Street, Suite 108 Lakewood, Colorado 80214 ANA M. LUCERO dba POLLO FELIZ 2523 8TH AVENUE GREELEY CO 80631 ALCOHOL BEVERAGE LICENSE Liquor License Number 4600512 License Expires at Midnight 05/30/2018 License Type 3.2% BEER ON"PREMI$ES£,(COUNTY) Authorized Beverages 3.2 PERCENT BEER This license is issued subject to the laws of the State of Colorado and especially under the provisions of Title 12, Articles 46 or 47, CRS 1973, as amended This license is nontransferable and shall be conspicuously posted in the place above described This license is only valid through the expiration date shown above Any questions concerning this license should be addressed to Colorado Liquor Enforcement Division, 1881 Pierce Street, Suite 108, Lakewood, CO 80214 In testimony whereof, I have hereunto set my hand 9/6/2017 MB r; 11LJ 0 0, r i W v ,J Patnck Maroney, Division Director Michael Hartman, Executive Director O m m m C m r N 0 O O O O Ln 0 U.S. Postal Service'" CERTIFIED MAIL`) RECEIPT Domestic Mail Only Fo► • (very informatiort visit our website at www uses.com OFFICIAL USE Coned fiii Fe Extra ices 5 -retie lbwce bar, Wane wvpropti to) O Fier Riven fiertleciM $ O Fisturn Receipt N x+ec1 $ o GrtN4d Mail Restricted Delivery $ O AAA( Signature Required $ ❑ Adult Scrotum AestrrctW DMrwy $ Postage nl a., Total Postage and Fees seta � To 3 fZet*IDe nQ.C_ D. f 1;)_ t�G l 1 T. flP? .%it__avc Postmark Here cii-7117 PS Form 3800. Apr,t 2015 '‘ '.• Ste Reverse for Instructions SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Q. nad M. Luce -r0 dbas Patio relit aSa4-h ave.. Cree-(c�j.Co €tc3t 11111111 i 9590 9402 1714 6053 4707 47 i COMPLETE THIS SECTION ON DELIVERY O Agent ❑ Addressee C. Date of Delivery D. Is delivery address different from item 1? O Yes If YES. enter delivery address below: ❑ No 2 Article Number (Transfer from service label) 3. Service Type o Adult Signature ❑ Adult Signature Restricted Delivery )(Certified Maim ❑ Certified MS Restricted Defvsry ❑ Collect on Delivery J Coiled nn Delivery Restricted Delivery 7016 0750 0000 7938 3330 IS Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 O Prionty Mad Uprise e O Registered mar O Registered Mail Restricted Delivery O Return Receipt for Merchandise O Signature Confirmation"' D Signattn Confirmation Restricted Delivery Domestic Return Receipt CLERK TO THE BOARD PHONE (970) 400-4225 FAX (970) 336-7233 1150 O STREET P O BOX 758 GREELEY, COLORADO 80632 August 30, 2017 Ana M Lucero Polio Feliz 2523 8th Avenue Greeley, CO 80631 RE RENEWAL 3 2% BEER ON -PREMISE (COUNTY) LIQUOR LICENSE APPLICATION - ANA M LUCERO, DBA POLLO FELIZ Dear Ms Lucero A hearing before the Weld County Board of Commissioners was held on Monday, August 28, 2017, at which time the Board deemed it advisable to approve your request for renewal of a liquor license, with condition that you adhere to the agreement entered upon with the Colorado Department of Revenue in reference to thirty (30) days of suspension, with ten (10) days active and twenty (20) days held in abeyance Your license will not be activated until you have entered into this agreement The Weld County Board of Commissioners are also requiring that you and all employees be "responsible vendor" trained and submit documentary evidence to the Clerk to the Board's Office within thirty (30) days of this renewal being granted Your license will not be active unless you complete these two conditions If you have any questions regarding what constitutes "responsible vendor" training, or any further questions concerning this matter, please do not hesitate to contact me at (970) 400-4225 Sincerely, Chloe A Rempel Deputy Clerk to the Board cc County Attorney 1 1 m lT nJ m m N 0 -0 0 N U.S. Postal Service' CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our websfte at www.usps.com OFFICIAL USE CertifiedMa,l Foe .:� . See , ook add ti•.,go„ op►sle) 0 Return Receipt o Rotten Receipt (• eceonci $ O Cert e.d Mee R ee,ce.d Delray $ ❑ Aduft Squaw' Required = o Awl Signeture flw&ta d Delivery $ - Postage I Postmark Here 8730/0 -fir SENDER: COMPLETE THIS SECTION ▪ Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 0+-4n t Oxna Locero (b(u o 1Gl i z. t 3G 3 g'+ h C2ree-(cpcO 2OCD 31 ui IIIIIIIIIII IH 11111 II 11111111 9590 9402 1714 6053 4706 93 2. Article Number (Transfer from terviro r..nan 7016 0750 0000 7938 3293 ❑Signature Confirmation f hover PS Form 3811, July 2015 PSN 7530-02-000-9053 COMPLETE THIS SECTION ON DELIVERY A. Signature X B. Received by (Printed Na O Agent ❑ Ad e of Delivery D. Is delivery address different from Item 1? 0 Yes If YES, enter delivery address below: O No 3. Service Type o Adult Signature ❑ Adult Signature Restricted ()savory jVCertified Mail o Certified Mail Restricted Day o Collect on Delivery O Priority Ma Urns* Registered Madrid O ="Wraci Mail Restricted ❑ Meths a for DeNyery Restricted Deity O Signature Corfrmatioce _AM Restricted Delivery Restricted Delivery Domestic Return Receipt I CLERK TO THE BOARD PHONE (970) 400-4225 FAX (970) 336-7233 1150 O STREET P O BOX 758 GREELEY, COLORADO 80632 August 7, 2017 Ana M Lucero Polio Feltz 2523 8th Avenue Greeley, CO 80631 RE CONTINUED RENEWAL 3 2% BEER ON -PREMISE (COUNTY) LIQUOR LICENSE APPLICATION - ANA M LUCERO, DBA POLLO FELIZ Dear Ms Lucero A hearing before the Weld County Board of Commissioners was held on Monday, August 7, 2017, at which time the Board deemed it advisable to continue your request for renewal of a liquor license to Monday, August 28, 2017, at 9 00 a m , in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado, 80631, to allow you additional time to respond to the Colorado Department of Revenue concerning suspension and penalty enforcement At the hearing on August 28, 2017, the Board will consider whether to renew, suspend, deny or take other action regarding to your liquor license As you are aware, allegations have been made that you failed to comply with the State liquor license, and specifically that you purchased and sold alcohol without a valid license The Board of County Commissioners will consider all relevant facts and testimony at the next hearing, including any testimony or evidence you want to submit If you have any questions concerning this matter, please do not hesitate to contact me at (970) 400-4225 Sincerely, 0_9(20-C)ao cf-iles•At--C Chloe A Rempel Deputy Clerk to the Board cc County Attorney I. I r ru m m N O CI O U, N O -13 r-3 0 U.S. Postal Service CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery Information, visit our website at www.usps.com . OFF Certified Mail Fee $ Extra Services & Fees (check box, add fee as sppmpriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) $ O Certified Mail Restricted Delivery $ Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ CIAL USE Postage $ n 1& Total Postage and Fee3 s n / a. Sent To e nat. M ¢..4-3ctro � pogo treat and Apt. No., or Pe i3ox Nb. as as sows., Ci , Sttat�2P+4i'p eesc , Co Co 3I Postmark Here 817/17 PS Form 3800, April 2015 PSN 7530.02-000.9047 Fella See Reverse for Instructions SENDER: COMPLETE THIS SECTION 1 COMPLETE THIS SECTION ON DELIVERY • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece or on the front if space permits. I Article Addressed to: anct, (\e • L Vi c e r o pollo re(iZ, as3 Ctfh Owe. Cnreeie5j1co 8'O coal 2. Article Number ddressee s delivery ad .ss different from item 1? 0 Yes If YES, erter delivery address below: 0 No 3. Service Type g'Certified Mail® ❑ Registered ❑ Insured Mail ❑ Priority Mail Express' ❑ Return Receipt for Merchandise ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes at,sl) 7016 0750 D000 7938 3279 (transfer from service 1 PS Form 3811, July 2013 Domestic Return Receipt waiimiamiiiimillasidairmithitipliamstmaipmenrciSris APPLICATION FOR RENEWAL OF 3.2 PERCENT BEER ON -PREMISE (COUNTY) RETAIL LICENSE - ANA M. LUCERO, DBA POLLO FELIZ Staff Referral Responses Chloe Rempel From: Sent: To: Subject: Attachments: Hello, Chloe Rempel Monday, March 12, 2018 4:48 PM Alan Caldwell; Bethany Pascoe; Bob Choate; Bruce Barker; Curtis Hall; Dan Joseph; Dawn Anderson; Don Dunker; Elizabeth Relford; Frank Haug; Gabri Vergara; Jose Gonzalez; Karin McDougal; Lauren Light; Michelle Martin; Roy Rudisill; Sam Kaneta III RENEWAL LIQUOR LICENSE APPLICATION - Ana M. Lucero, dba Polio Feliz Staff Referral Memo - Polio Feliz.pdf; Renewal Liquor License - Ana M. Lucero, dba Polio Feliz.pdf In accordance with the procedure for processing Renewal Liquor License Applications, please complete and return the attached "Staff Referral Memo — Polio Feliz". Your report will be used by the Board of County Commissioners in considering the Applicant's Liquor License. PLEASE RESPOND NO LATER THAN: Tuesday, March 27, 2018 Thank you, Chloe A. Rempel Deputy Clerk to the Board Weld County 1150 O Street Greeley, CO 80631 tel: 970-400-4213 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 MEMORANDUM TO: Board of County Commissioners FROM: Sam Kaneta III DEPARTMENT: Weld County Sheriffs Office DATE: 12 Mar'18 SUBJECT: Renewal Liquor License Application The Weld County Clerk to the Board's Office has received an application for the renewal of a liquor license in Unincorporated Weld County: License Type: 3.2% Beer On -Premise (County) Liquor License Applicant(s): Ana M. Lucero, dba Polio Feliz Address: 2523 8th Avenue, Greeley, CO 80631 File Location: LO0045 Reply By: Tuesday, March 27, 2018 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. If you have any further questions regarding the application please do not hesitate to contact me at (970) 400-4213 or crempelCa�weldgov.com. We have reviewed the request and find no conflicts with our interests. We have reviewed the request and find that we are NOT in support of the requested renewal application. We have reviewed the request, and recommend approval given that the below or attached conditions are met. See attached letter, or comments below. I checked our local RMS (Spillman) and found only 3 general alarms within the past calendar year. These alarms were normal (non -emergency), and not unlike any others that our agency responds to routinely. The Sheriffs Office has no issue with the liquor license renewal. MEMORANDUM TO: Board of County Commissioners FROM: Dan Joseph DEPARTMENT: Environmental Health DATE: 3/13/18 SUBJECT: Renewal Liquor License Application The Weld County Clerk to the Board's Office has received an application for the renewal of a liquor license in Unincorporated Weld County: License Type: 3.2% Beer On -Premise (County) Liquor License Applicant(s): Ana M. Lucero, dba Polio Feliz Address: 2523 8th Avenue, Greeley, CO 80631 File Location: LC0045 Reply By: Tuesday, March 27, 2018 The applicaY3n is submitted to you for review and recommendation. Any comments or recommendsion you consider relevant to this request would be appreciated. Please reply by the above listed Cate so that we may give full consideration to your recommendation. If you have any further questions regarding the application please do not hesitate to contact me at (970) 400-4213 or crempel(cr�weldgov.com. We have reviewed the request and find no conflicts with our interests. We have reviewed the request and find that we are NOT in support of the requested renewal application. We hive reviewed the request, and recommend approval given that the below or attached conditions are met. See attached letter, or comments below. MEMORANDUM TO: Board of County Commissioners FROM: Roy Rudisill DEPARTMENT: Office of Emergency Management DATE: 3/13/2018 SUBJECT: Renewal Liquor License Application The Weld County Clerk to the Board's Office has received an application for the renewal of a liquor license in Unincorporated Weld County: License Type: 3.2% Beer On -Premise (County) Liquor License Applicant(s): Ana M. Lucero, dba Polio Feliz Address: 2523 8th Avenue, Greeley, CO 80631 File Location: LO0045 Reply By: Tuesday, March 27, 2018 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. If you have any further questions regarding the application please do not hesitate to contact me at (970) 400-4213 or crempel(a�weldgov.com. ❑ o o We have reviewed the request and find no conflicts with our interests. We have reviewed the request and find that we are NOT in support of the requested renewal application. We have reviewed the request, and recommend approval given that the below or attached conditions are met. See attached letter, or comments below. MEMORANDUM TO: Board of County Commissioners FROM: Michelle Martin DEPARTMENT: Planning Services DATE: 3/13/2018 SUBJECT: Renewal Liquor License Application The Weld County Clerk to the Board's Office has received an application for the renewal of a liquor license in Unincorporated Weld County: License Type: 3.2% Beer On -Premise (County) Liquor License Applicant(s): Ana M. Lucero, dba Polio Feliz Address: 2523 8th Avenue, Greeley, CO 80631 File Location: LC0045 Reply By: Tuesday, March 27, 2018 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. If you have any further questions regarding the application please do not hesitate to contact me at (970) 400-4213 or crempel@weldgov.com. ❑ EI Ei We have reviewed the request and find no conflicts with our interests. We have reviewed the request and find that we are NOT in support of the requested renewal application. We have reviewed the request, and recommend approval given that the below or attached conditions are met. See attached letter, or comments below. MEMORANDUM To: Chloe Rempel, Deputy Clerk to the Board March 14, 2018 From: Bethany Pascoe, Zoning Compliance Officer, Dept. of Planning Services Subject: LC0045 Review of the following Renewal Liquor License by the Department of Planning Services shows the following: PERMIT INFORMATION: Licensee Name: Ana M. Lucero Sales Tax License #: 42-09498-0000 Business Name: Polio Feliz Business Address: 2523 S 8th Ave, Greeley, Co 80631 Property Owner(s): Nevarez-Lucero, Miguel & Mendez -Hernandez, Enrique PROPERTY INFORMATION: Zone District: C-3 (Commercial) Z-100 Parcel: 0961-17-3-11-013 (consists of approximately .436 +1- acres) Land Use: This use permitted through SPR-322. STAFF COMMENTS: Upon review of my case files and computer, no active Zoning Violations were noted. SERVICE, TEAMWORK, INTEGRITY, QUALITY MEMORANDUM TO: Board of County Commissioners FROM: Jose Gonzalez, Assist. Building Official DEPARTMENT: Planning Services, Building DATE: 03/14/18 SUBJECT: Renewal Liquor License Application The Weld County Clerk to the Board's Office has received an application for the renewal of a liquor license in Unincorporated Weld County: License Type: 3.2% Beer On -Premise (County) Liquor License Applicant(s): Ana M. Lucero, dba Polio Feliz Address: 2523 8th Avenue, Greeley, CO 80631 File Location: LC0045 Reply By: Tuesday, March 27, 2018 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. If you have any further questions regarding the application please do not hesitate to contact me at (970) 400-4213 or crempel(a�weldgov.com. We have reviewed the request and find no conflicts with our interests. We have reviewed the request and find that we are NOT in support of the requested renewal application. We have reviewed the request, and recommend approval given that the below or attached conditions are met. See attached letter, or comments below. MEMORANDUM TO: Board of County Commissioners FROM: Dawn Anderson DEPARTMENT: Public Works DATE: 03/26/2018 SUBJECT: Renewal Liquor License Application The Weld County Clerk to the Board's Office has received an application for the renewal of a liquor license in Unincorporated Weld County: License Type: 3.2% Beer On -Premise (County) Liquor License Applicant(s): Ana M. Lucero, dba Pollo Feliz Address: 2523 8th Avenue, Greeley, CO 80631 File Location: LC0045 Reply By: Tuesday, March 27, 2018 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. If you have any further questions regarding the application please do not hesitate to contact me at (970) 400-4213 or crempel(c�weldgov.com. We have reviewed the request and find no conflicts with our interests. We have reviewed the request and find that we are NOT in support of the requested renewal application. We have reviewed the request, and recommend approval given that the below or attached conditions are met. See attached letter, or comments below. May 22, 2018 CLERK TO THE BOARD PHONE: (970) 400-4225 FAX: (970) 336-7233 1150 O STREET P. O. BOX 758 GREELEY, COLORADO 80632 Colorado Department of Revenue Division of Liquor Enforcement 1881 Pierce Street Division 108-A Lakewood, CO 80214 RE: RENEWAL APPLICATION FOR 3.2% BEER ON -PREMISE (COUNTY) RETAIL LICENSE — ANA M. LUCERO, DBA POLLO FELIZ To Whom It May Concern: Please see the attached renewal application, a copy of all supporting documentation, and the associated fees. The Weld County Board of Commissioners approved this application on Monday, May 21, 2018. If you have questions or need additional information, please do not hesitate to contact me at (970) 400-4213. Very truly yours, OaQs..2, a- Roi,Ji Chloe A. Rempel Deputy Clerk to the Board crempel@weldgov.com 5/21/2018 FedEx Ship Manager - Print Your Label(s) • co 0 01, 6Z 6408 ZZLL n 0 a Co N C M " -c d0£:ti AWW PZ - f1H1 EZ m J181118012601uv 0 < =-ON D 12O O Cf, m N 0 Wm 0 ^) 0 00 m 4= T O r- 0 0 C) 0 m O 171 0 V-806 NOISIAla 133211S 3a213Id 6886 0 Op Oc vm Oz Tm 0 V 73m E z m-4 zv O� m cn 735 m m m 552J2/782B/DCA5 C 7:1 �m > m° CJ)0 Ca) b3aN3S 1118 o' er N-, m 0)0. . C'r�O N =-00 m After printing this label: 1. Use the 'Print' button on this page to print your label to your laser or inkjet printer. 2. Fold the printed page along the horizontal line. 3. Place label in shipping pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned. Warning: Use only the printed original label for shipping. Using a photocopy of this label for shipping purposes is fraudulent and could result in additional billing charges, along with the cancellation of your FedEx account number. Use of this system constitutes your agreement to the service conditions in the current FedEx Service Guide, available on fedex.com.FedEx will not be responsible for any claim in excess of $100 per package, whether the result of loss, damage, delay, non-delivery,misdelivery,or misinformation, unless you declare a higher value, pay an additional charge, document your actual loss and file a timely claim.Limitations found in the current FedEx Service Guide apply. Your right to recover from FedEx for any loss, including intrinsic value of the package, loss of sales, income interest, profit, attorney's fees, costs, and other forms of damage whether direct, incidental,consequential, or special is limited to the greater of $100 or the authorized declared value. Recovery cannot exceed actual documented loss.Maximum for items of extraordinary value is $1,000, e.g. jewelry, precious metals, negotiable instruments and other items listed in our ServiceGuide. Written claims must be filed within strict time limits, see current FedEx Service Guide. https://www.fedex.com/shipping/shipAction.handle?method=doContinue 1/1 5/21/2018 FedEx Ship Manager - Print Your Label(s) Shipment Receipt Address Information Ship to: LIQUOR ENFORCEMENT DIVISION COLORADO DEPARTMENT OF REVENUE 1881 PIERCE STREET DIVISION 108-A LAKEWOOD, CO 80214 US 3032052304 Ship from: CHLOE REMPEL WELD COUNTY 1150 O STREET RM 166 GREELEY, CO 80631 US 9704004225 Shipment Information: Tracking no.: 772280412110 Ship date: 05/22/2018 Estimated shipping charges: 5.70 USD Package Information Pricing option: FedEx Standard Rate Service type: FedEx 2Day Package type: FedEx Envelope Number of packages: 1 Total weight: 0.40 LBS Declared Value: 0.00 USD Special Services: Pickup/Drop-off: Drop off package at FedEx location Billing Information: Bill transportation to: COUNTYOFWELD-483 DEPARTMENT NAME: WELD CLERK TO THE BOARD SENDER NAME: CHLOE A. REMPEL ADDITIONAL INFO: CTB DEPARTMENT FUND: 10400 Thank you for shipping online with FedEx ShipManager at fedex.com. Please Note FedEx will not be responsible for any claim in excess of $100 per package, whether the result of loss, damage, delay, non -delivery, misdelivery, or misinformation, unless you declare a higher value, pay an additional charge, document your actual loss and file a timely claim. Limitations found in the current FedEx Service Guide apply. Your right to recover from FedEx for any loss, including intrinsic value of the package, loss of sales, income interest, profit, attorney's fees, costs, and other forms of damage whether direct, incidental, consequential, or special is limited to the greater of $100 or the authorized declared value. Recovery cannot exceed actual documented loss. Maximum for items of extraordinary value is $1000, e.g., jewelry, precious metals, negotiable instruments and other items listed in our Service Guide. Written claims must be filed within strict time limits; Consult the applicable FedEx Service Guide for details. The estimated shipping charge may be different than the actual charges for your shipment. Differences may occur based on actual weight, dimensions, and other factors. Consult the applicable FedEx Service Guide or the FedEx Rate Sheets for details on how shipping charges are calculated. https://www.fedex.com/shipping/shipAction.handle?method=doContinue 1/1 Site Plan Review SPR-322 PL STAFF REPORT RETAINED IN I YLtr . REMAINDER RETAINED IN PAPER LIQUOR FILE. ORIGINAL CASE FILE MAINTAINED BY PLANNING. COLORADO SITE PLAN REVIEW Administrative Review Case Number SPR 322 Parcel Number 0961 17 311013 Applicant: Adrian & Estela Tarin Legal Description: Pt. of Section 17, Township 5 North, Range 67 West further described as Lots 6 & 7, Block 11 of Arlington Park First Addition, Weld County, CO Zoning: C-3 Proposed Use: Mexican Restaurant Site Plan Review Standards Meets the Intent of the Weld County Zoning !1111 1 1 1 i 1 a 9 ' A a. Site Plan Unification Included in Application YES Retention facilities Engineering N/A YES Off street Parking See Conditions of Approval #1.a.1, 12.1,1.23, 1.2.4, 1,a3,1,a3 l Loading Areas N/A Approved in Memo dated March I3,10000 from Diane houghtalhng, Weld Co. PublicWorks YES Setback Requirements 25 feet YES Offset Requirements 10 feet YES Landscaping See Conditions of Approval #1.a.9, l,a,ffl, I.b.li 11.2, I.c.12 YES Trash Collection and Storage See Condition of Approval ..11.3, #1.4.12, 1.c.4, 1.6 YES Potable Water City of Greeley, See Conditions of Approval # I.c.1O Sewage Disposal City of Greeley, See Conditions of Approval #1.c.7, Id • s. I Environment Standards Noise See Condition of Approval # Icy&'Lill YES Air Quality Set Condition of Approval #1.c.14 YES Water Quality ' See Conditions of Approval #1.{, r 1.c3 YES ttadiation• I Ste Condition of Approval 1.c.J4 YES Heat See Condition of Approval #1.c.14 YES Light See Condition of Approval #Lai, l.d.14 . YES Property Maintenance See Conditions of Approval #14 1 4 YES This site plan review is approved with the attached conditions: 1, prior to recording the Site Plan Review plat, the applicant shall address the following to the Department of Planning Services satisfaction: a, The applicant shall submit a revised Site Plan Review plat that is at a scale of one inch equals twenty feet (1:20) which clearly delineates the following information: The applicant shall adhere to the off-street parking design standards per Section 41.1.2."1 of the Weld County Zoning Ordinance. (Dept. of Planning Ser rices) The applicant shall provide at a minimum twenty (20) parking stalls for the Mexican Restaurant . The dimensions of the parking stalls shall adhere to Sections 41.1.2 1 of the Weld County Zoning Ordinance, as amended. (Dept. of Planning Services) 3. The applicant shall provide wheel stops for the parking stalls per Section 41.1.2.4 of the Weld County Zoning Ordinance, as amended. One wheel stop for every two parking stalls is acceptable. (Dept. of Planning Services) 4. The applicant shall address and adhere to the American with Disabilities Act and ADA standards for this facility at all tins. Non -ambulatory / Ambulatory parking spaces shall be identified and shown on the plat. Further, the applicant shall delineate the accessible route to public transportation from the parking area and building to Eighth Avenue. If applicable to your site, include sidewalk ramps at all intersections and buildings, sidewalk rest areasfor streets and driveways over five (5) percent, accessible parking at all public buildings, and crosswalks with a maximum 2 l vertical deflection of ore -quarter inch. Please provide details and information of how you will address these issues. Further, the applicant shall align internal parking aisles with driveways and ingress/egress gate openings. (Dept. of Planning Services, Dept. of Public Works) 5. The applicant shall modify their parking plan to eliminate all vehicular parking immediately adjacent to Eighth Avenue. Additional parking shall t* provided behind the existing structure, as required_ (Dept. of Public Works) 6. The applicant shall provide lighting for off-street loading areas per Section 4124 of the Weld County Zoning Ordinance, as amended. The lights shall be arranged in a manner as to not illuminate adjacent properties and to prevent glare onto County streets and alleys. (Dept. of Planning Services) The applicant shall screen the parking from adjacent properties per Section 33.6.1.3 of the Weld County Zoning Ordinance, as amended. (Dept. of Planning Services) #. The applicant shall adhere to the minimum design standards pertaining to public rights -of -way per Section 336.135 of the Weld County Zoning Ordinance, as amended. (Dept. of Planning Services) 9, The applicant shall place "plant materiar screening to mitigate the impacts of the facility from Eighth Avenue, The plant material screen shall be placed between the road right-of-way and the restaurant that fronts this road as depicted on the redlines. The buffer strip shall be a minimum of ten (10) feet in width and run the length of the property line that fronts Eighth Avenue. Further, the applicant shall adhere to all landscape requirements of Section 33.6.1.5 of the Weld County Zoning Ordinance, as amended, Please note, per the Weld County Zoning Ordinance, as amended, the applicant shall provide landscaping on fifteen (15) percent of the site. In your specific case, the site is approximately 19,000 square feet, fifteen percent of the site is 2+850 square feet. This is the total minimum area to be landscaped. (Dept. of Planning Services) 10, The applicant shall describe the landscape maintenance plan for this area, The landscape maintenance schedule which specifically states who will perform maintenance and that maintenance is on -going and shall not end upon final acceptance by the Department of Planning Services. (Dept. of Planning Services) 11. The sign shall be located, and designed in accordance with the requirements of Section 42 of the Weld County Zoning Ordinance, as amended. (Dept. of Planning Services) 3 I' 12, In accordance with Section 33 61.6 of the Weld County Zoning Ordinance, the applicant shall screen all trash receptacles from adjacent right-of-ways and adjacent properties. Further, the areas shall be designed in such a manner that will prevent scattering of trash. (Dept. of Planning Services) 13. The applicant shall delineate on the plat where the Mexico Express Buses will load and unload passengers. (Department of Planning Services) b. The applicant shall include in the Landscape Plan the following information: 1. An installation schedule which specifies when the landscaping will be installed on site. (Dept. of Planning Services) 2. A Plant Material List specifying the Botanical and Common names of alt plant material to be installed; the size of the plant material at installation and whether the plant material is to be containerized or B&B. (Dept. of Planning Services) 3. A landscape maintenance schedule which specifically states who will perform maintenance and that maintenance is on -going and shall not end upon final acceptance by the Department of Planning Services. (Dept. of Planning Services) c. The following notes shall be placed on the plat: 1. In accordance with the Weld County Zoning Ordinance, no land, building or structure shall be changed in use or type of occupancy, developed. erected. constructed, reconstructed, moved or structurally altered or operated in the commercial or industrial zone districts until a Site Plan Review has been approved by the Department of Planning Services. (Dept. of Planning Services) 2. The application does not propose any portion of the site to be leased to another party. In the event that a portion of the building is proposed to be leased to another party in the future, the applicant shall submit a copy of the lease agreement and information regarding the proposed use of the leased portion to the \Weld County Attorney's office, Weld County Building Inspection Department, and the Department of Planning Services for review. Based upon the proposed use and/cr impacts of the leased portion, the Department of Planning Services may require a new Site Plan Review application. (Dept. of Planning Services) 3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-101, C.FMCS., as amended), shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination, (Health Dept.) 4 No permanent disposal of wastes shall be permitted at this site. (Health Dept.) 5. Waste materials shall be handled, stored and disposed of in a manner that controls fugitive dust, blowing debris and other potential nuisance conditions. (Health Dept.) The maximum permissible noise level shall not exceed the commercial limit of 60 db(A), as measured according to 25-12-102, Colorado Revised Statutes, (Health Dept) 7. Adequate toilet facilities shall be provided for the public and employees. (Health Dept.) The restaurant shall utilize the existing municipal sewage treatment system, City of Greeley. (Health Dept.) 9. All pesticides, fertilizer and other potentially hazardous chemicals must be stored and handled in a safe manner. Reference 25-8-205.5 Colorado Water Quality Control Act and Rules and Regulations thereof. (Health Dept.) 10. The facility shall utilize the existing public water supply, City of Greeley. (Health Dept.) 11. The applicant shall comply with Colorado Retail Food Establishment Rules and Regulations governing the regulation of food service establishment. (Health Dept,) 12, Landscaping materials as indicated in the approved landscape plan shall be maintained at all times. Dead or diseased plant materials shall be replaced with materials of similar quantity and quality at the earliest possible time. (Dept. of Planning Services) 13. All structures, including signs, on site must obtain the appropriate building permits, (Dept. of Planning Services) 14. The site shall maintain compliance with the Weld County Zoning Ordinance, as amended at all times. (Dept. of Planning Services) d. The applicant shall submit a plan describing any proposed on -site signage. Any proposed sign shall adhere to Section 42.3 of the Weld County Zoning Ordinance. AN proposed signs shall apply for and receive a building permit . (Dept. of Planning Services) Prior to Recording the Plat: a. The applicant shall submit a landscape plan to the Department of Planning Twin, page 5 Services for review and approval. Upon approval the Landscape Plan shall be placed on the plat. (Dept of Planning Services) b. The applicant shall complete an improvements Agreement with Weld County for the purpose of ensuring the timing and completion of on -site parking and landscaping improvements. This agreement shall be reviewed and approved by the Weld County Department of Planning Services, Public Works Department, and the Board of County Commissioners. Upon approval of the agreement, the applicant shall submit adequate collateral which equals the amount of the improvements to be completed. (Dept. of Planning Services) Prior to the release of building permits: a, Upon approval by the Department of Planning Services, the Site Plan Review plat shall be recorded. (Dept. of Planning Services) Site Plan review conditionally approved a by: Kim Ogle, Planner 1� Date: March 1612000 Tarim, page 1 SITE PLAN ADMINISTRATIVE REVIEW NOTES In accordance with the Weld County Zoning Ordinance, no land, building or structure shall be changed in use or type of occupancy, developed, erected, constructed, reconstructed, moved or structurally altered or operated in the commercial or industrial zone districts until a Site Plan Review has been approved by the Department of Planning Services. (Dept. of Planning Services) 2 The application does not propose any portion of the site to be leased to another party. In the event that a portion of the building is proposed to be leased to another party in the future, the applicant shall submit a copy of the lease agreement and information regarding the proposed use of the leased portion to the Weld County Attorney's office, Weld County Building Inspection Department, and the Department of Planning Services for review. Based upon the proposed use and/or impacts of the leased portion, the Department of Planning Services may require a new Site Plan Review application- (Dept. of Planning Services) 3, All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Acts 30-204011 CRS., as amended), shall be stored and removed for mail disposal in a manner that protects ainet surface and groundwater contamination. (Health Dept.) No permanent disposal of wastes shall be permitted at this site. (Health Dept.) Waste materials shall be handled, stored and disposed of in a manner that controls fugitive dust, blowing debris and other potential nuisance conditions. (Health Dept.) The maximum permissible noise level shall not exceed the commercial limit of 60 db(A), as measured according to 25-12-102, Colorado Revised Statutes, (Health Dept.) ' Adequate toilet facilities shall be provided for the public and employees. (Health Dept.) B. The restaurant shall utilize the existing municipal sewage treatment system, City of Greeley. (Health Dept.) 9 All pesticides, fertilizer and other potentially hazardous chemicals must be stored and handled in a safe manner Reference 25.8-205.5 Colorado Water Quality Control Act and Rules and Regulations thereof. (Health Dept.) 10. The facility shall utilize the existing public water supply, City of Greeley. (Health Dept.) 11. The applicant shall comply with Colorado Retail Food Establishment Rules and Regulations governing the regulation of food service establishment. (Health Dept.) 12. Landscaping materials as indicated in the approved landscape plan shall be maintained at all times. Dead or diseased plant materials shall be replaced with materials of similar quantity and quality at the earliest possible time. (Dept. of Planning Services) 1 ') All rIri ar ii4rno ir►r.Ei'dinn esnne ran eito rYhl te+ nhts2in tho 3rtnrrirlrimtt hi tiiriinn IF -J 111.1M wIrtrat nit, WW1 111111 IM I lA 140 4 aft In siva cal a, 0. IMO Tern I SigniracaiaR €r ee tI • I Eighth imam SITE PLAN - RANCHO ALEGRE me.atr ' - a NC /7e Hamra Worm last P ta+.rlw LAW Jei1r Site Plan Review (SPR 322) Rancho Alegre Restaurant mii.....: : E II h... ,, . _r�_. ° • km 11 ! c, kci: • II s- fT "I• iI. it. 2 ✓ 4. 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