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Home My WebLink About20181063.tiffRESOLUTION RE: ESTABLISHING THE NEIGHBORHOOD TO BE SERVED, DESIGNATING A COMMISSIONER TO MAKE ON -SITE INSPECTION, AND SETTING THE HEARING DATE CONCERNING THE APPLICATION OF EL CENTENARIO ENTERTAINMENT, LLC, DBA EL CENTENARIO NIGHTCLUB, FOR THE TRANSFER OF A TAVERN (COUNTY) LIQUOR LICENSE WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners approved a renewal Tavern (County) Liquor License for Fiera Entertainment, LLC, dba El Caporal, on March 23, 2017, and WHEREAS, Fiera Entertainment, LLC, dba El Caporal, has been transferred and sold to El Centenario Entertainment, LLC, who now seeks to obtain a transfer of the liquor license, and WHEREAS, the Board of County Commissioners of Weld County, Colorado, at a public meeting on the 2nd day of April, 2018, pursuant to Section 12-47-303(1)(c)(I), C.R.S., determined that substantial changes appear to have been made to the facility since granting a liquor license to Fiera Entertainment, LLC, dba El Caporal, therefore requiring review of the standard in 1 CCR 203-2, Rule 47-302, and WHEREAS, the Board of County Commissioners of Weld County, heard evidence to assist said Board in establishing the neighborhood to be served, designating the Commissioner to make the on -site inspection, and setting the hearing date concerning the application of El Centenario Entertainment, LLC, dba El Centenario Nightclub, 10763 Turner Boulevard, Unit 1, Longmont, Colorado 80504, for transfer of a Tavern (County) Liquor License, and WHEREAS, the Board did determine that the following described area should comprise the neighborhood to be served concerning said application, to -wit: All of Sections 2, 3, 10, 11, 14, and 15; Township 2 North, and Range 68 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board further determined that Commissioner Julie A. Cozad, with Commissioner Barbara Kirkmeyer serving as an alternate representative, should be designated to make the on -site inspection concerning said application, and WHEREAS, the Board further determined that the hearing to consider said application shall be scheduled for Wednesday, April 18, 2018, at the hour of 9:00 a.m. cc. Ga.C FH(3c), G PPS o'f/I7/I$ 2018-1063 LC0042 SET HEARING FOR TAVERN (COUNTY) LIQUOR LICENSE - EL CENTENARIO ENTERTAINMENT, LLC, DBA EL CENTENARIO NIGHTCLUB PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the above described area be, and hereby is, established as the neighborhood to be served concerning the application of El Centenario Entertainment, LLC, dba El Centenario Nightclub, for the transfer of a Tavern (County) Liquor License. BE IT FURTHER RESOLVED by the Board that Commissioner Julie A. Cozad, with Commissioner Barbara Kirkmeyer serving as an alternative representative, be, and hereby is, designated to make the on -site inspection concerning said application. BE IT FURTHER RESOLVED by the Board that the hearing date concerning said application be, and hereby is, scheduled for Wednesday, April 18, 2018, at the hour of 9:00 a.m. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2nd day of April, A.D., 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dealt4A) d,4 Weld County Clerk to the Board BY: �, . c_004). puty Clerk to the Board APP ounty Attorney Date of signature: -t(`1 f ( SteveMo//reno, Chair fit�CQ�l� Barbara Kirkmeyer, Mike Freeman 2018-1063 LC0042 MEMORANDUM DATE: April 2, 2018 .1 TO: Board of County Commissioners FROM: Chloe A. Rempel, Deputy Clerk to the Board SUBJECT: Tavern (County) Liquor License Transfer Application — El Centenario Entertainment, LLC, dba El Centenario Nightclub Our office has received an application for the transfer of a Tavern (County) Liquor License from El Centenario Entertainment, LLC, dba El Centenario Nightclub, 10763 Turner Boulevard, Unit 1, Longmont, Colorado 80504. All application requirements have been met and all fees have been paid. Due to publication and posting requirements, I recommend the hearing be set for Wednesday, April 18, 2018, at 9:00 a.m. The neighborhood to be served for this license is as follows: All of Sections 2, 3, 10, 11, 14, and 15; Township 2 North, and Range 68 West of the 6th P.M., Weld County, Colorado 2018-1063 Weld County • Clerk to the Board's Office • 1150 O Street, Greeley, CO 80631 • (970) 400-4213 • crempel@weldgov.com Chloe Rempel From: Sent: To: Subject: Attachments: Bob Choate Friday, March 30, 2018 4:04 PM Chloe Rempel FW: 10763 Turner Blvd Floor Plans CMA18-0008+CURRENT FLOOR+PLAN.PDF; 10763 Turner Blve Pre 2011 floor plan.pdf Bob Choate Assistant Weld County Attorney 1150 "O" Street; P.O. Box 758 Greeley, Colorado 80632 Tel: 970-336-7235 Fax: 970-352-0242 Email: bchoate@weldgov.com STATEMENT OF CONFIDENTIALITY & DISCLAIMER:The information contained in this email message is attorney privileged and confidential, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this email is strictly prohibited. If you have received this email in error, please notify us immediately by replying and delete the message. Thank you. From: Jose Gonzalez Sent: Friday, March 30, 2018 3:58 PM To: Bob Choate <bchoate@weldgov.com>; Frank Haug <fhaug@weldgov.com> Subject: 10763 Turner Blvd Floor Plans I have attached two floor plans. The building was remodeled in between this two plans but we don't have anything on file. Per conversations with EH staff the current remodeled is appears to be a significant change from the previous configuration. Thanks Jose Gonzalez Asst. Building Official 1555 N. 17th Ave Greeley, CO 80631 970-400-3533 jonzalez@weldgov.com 1 IW{ 1040-01 r f6'-11 CO'• u Iw COATS [MAT OI SOOTN N'IOUINAIWhIWI W0.uw oWMMao LOX r•- ! STORAGE L-_ Kt MUIR u TA' 13.0 1 _ SERVKE f000R S--0' 13 W T S.-0' 6.11/r_ i STAGE •N' 1. SEATING %ASTORIA )r METH MEN OrT Ur 1? -0 __. 12-11 VC f1OO. MAN 1/NP . 1'-0' ti rA § 12-47-303. Transfer of ownership and temporary permits, CO ST § 12-47-303 0***.*000** ****,A%waoxao*014W r%i'A%.om'M0C4.*AO+au****oae:aos.****:}**** wweowwVacu.V auwN4:wa:ew..»»» KeyCite Yellow Flag - Negative Treatment Proposed Legislation West's Colorado Revised. Statutes Annotated Title 12. Professions and Occupations (Refs & Annos) General --Continued Article 47. Alcohol Beverages (Refs & Annos) Part 3. State and Local Licensing (Refs & Annos) C.R.S.A. § 12-47-303 § 12-47-303. Transfer of ownership and temporary permits Effective: July 1, 2016 Currentness (1)(a) No license granted under the provisions of this article or article 46 of this title shall be transferable except as provided in this subsection (1), but this shall not prevent a change of location as provided in section 12-47-301(9). (b) When a license has been issued to a husband and wife, or to general or limited partners, the death of a spouse or partner shall not require the surviving spouse or partner to obtain a new license. All rights and privileges granted under the original license shall continue in full force and effect as to such survivors for the balance of the license period. (c)(I) Except as provided in subparagraph (II) of this paragraph (c), for any other transfer of ownership, application must be made to the state and local licensing authorities on forms prepared and furnished by the state licensing authority. In determining whether to permit a transfer of ownership, the licensing authorities shall consider only the requirements of section 1.2-47-307 and 1 CCR 203-2, rule 47-302, entitled "Changing, Altering, or Modifying Licensed Premises", or any analogous successor rule. The local licensing authority may conduct a hearing on the application for transfer of ownership after providing notice in accordance with subparagraph (III) of this paragraph (c). Any transfer of ownership hearing by the state licensing authority must be held in accordance with section 12-47-305(2). (II) A license merger and conversion as provided for in section 12-47-408(1)(b) includes a transfer of ownership of at least two retail liquor stores, a change of location of one of the retail liquor stores, and a merger and conversion of the retail liquor store licenses into a single liquor -licensed drugstore license, all as part of a single transaction, and the liquor -licensed drugstore applicant need not apply separately for a transfer of ownership under this section. The liquor - licensed drugstore applying for a license merger and conversion pursuant to section 12-47-408(1)(b) is ineligible for a temporary permit pursuant to this section. The local licensing authority shall consider the reasonable requirements of the neighborhood pursuant to section 1.2-47-312 when making a determination on the merger and conversion of the retail liquor store licenses into a single liquor -licensed drugstore license. The local licensing authority may hold a hearing on the application for the license merger and conversion after providing notice in accordance with subparagraph (III) of this paragraph (c). (III) Prior to holding a hearing as provided in this paragraph (c), the local licensing authority shall notify the applicant of the hearing at least ten days before the hearing and shall post, or may direct the license applicant to post, a notice of the hearing in a conspicuous location on the licensed premises for at least ten consecutive days before the hearing. ]i ****MK**000%**MA00%***M0X000M0301001)% *00401 ****Atih.W%>AWYM'NAYAAW0X.0 **X0 001*** 0044(0 `m ******X0 YANYAWAWNN)%N'A%YYA.W.A00 A%0.Yl.4.04A A%F%'<IXYea*M 4000*N)%WiO***00%fOffi)0/.9N'hHl.%% W FNPM1t*X**%%%YAipAW***** ****NOKYF ***** 00%* *:** *VaaY****IXiK4/.UO '']>WSOY)a:✓rv:w. Y********.********0.0 <Y'%Wl'4.v-**** i^ *** ESTLA "' © 2018 Thomson Reuters. No claim to original U.S. Government Works. § 12-47-303. Transfer of ownership and temporary permits, CO ST § 12-47-303 (d) The state or a local licensing authority shall not approve a transfer of ownership under this subsection (1) until the applicant files with the local licensing authority confirmation from each wholesaler licensed under this article that has sold alcohol beverages to the transferor that the wholesaler has been paid in full for all alcohol beverages delivered to the transferor. (2) Notwithstanding any provision of this article to the contrary, a local licensing authority may issue a temporary permit to a transferee of any retail class of alcohol beverage license issued by the local licensing authority pursuant to this article or article 46 of this title; except that a local licensing authority shall not issue a temporary permit to a liquor - licensed drugstore that has acquired ownership of licensed retail liquor stores in accordance with section 12-47-408(1) (b). A temporary permit authorizes a transferee to continue selling alcohol beverages as permitted under the permanent license during the period in which an application to transfer the ownership of the license is pending. (3) A temporary permit shall authorize a transferee to conduct business and sell alcohol beverages at retail in accordance with the license of the transferor subject to compliance with all of the following conditions: (a) The premises where such alcohol beverages are sold shall have been previously licensed by the state and local licensing authorities, and such license shall have been valid at the time the application for transfer of ownership was filed with the local licensing authority that has jurisdiction to approve an application for a temporary permit. (b) The applicant has filed with the local licensing authority on forms provided by the department of revenue an application for the transfer of the liquor license. Such application shall include, but not be limited to, the following information: (I) The name and address of the applicant; if the applicant is a partnership, the names and addresses of all the partners; and, if the applicant is a corporation, association, or other organization, the names and addresses of the president, vice- president, secretary, and managing officer; (II) The applicant's financial interest in the proposed transfer; (III) The premises for which the temporary permit is sought; (IV) Such other information as the local licensing authority may require; and (V) A statement that all accounts for alcohol beverages sold to the applicant are paid. (c) The application for a temporary permit shall be filed no later than thirty days after the filing of the application for transfer of ownership and shall be accompanied by a temporary permit fee not to exceed one hundred dollars. (d) When applying with the local licensing authority for a temporary permit, the applicant shall provide a copy, by facsimile or otherwise, of the statement made pursuant to subparagraph (V) of paragraph (b) of this subsection (3) to the state licensing authority. Such statement is a public record and shall be open to inspection by the public. § 12-47-303. Transfer of ownership and temporary permits, CO ST § 12-47-303 (4) A temporary permit, if granted, by a local licensing authority shall be issued within five working days after the receipt of such application. A temporary permit issued pursuant to this section shall be valid until such time as the application to transfer ownership of the license to the applicant is granted or denied or for one hundred twenty days, whichever occurs first; except that, if the application to transfer the license has not been granted or denied within the one -hundred -twenty - day period and the transferee demonstrates good cause, the local licensing authority may extend, in its discretion, the validity of said permit for an additional period not to exceed sixty days. (5) A temporary permit shall also be authorized in the event of a transfer of possession of the licensed premises by operation of law, a petition in bankruptcy pursuant to federal bankruptcy law, the appointment of a receiver, a foreclosure action by a secured party, or a court order dispossessing the prior licensee of all rights of possession pursuant to article 40 of title 13, C.R.S. (6) A temporary permit may be canceled, revoked, or summarily suspended if the local or state licensing authority determines that there is probable cause to believe that the transferee has violated any provision of this article or article 46 of this title or has violated any rule or regulation adopted by the local or state licensing authority or has failed to truthfully disclose those matters required pursuant to the application forms required by the department of revenue. Credits Amended and relocated by Laws 1997, H.B.97-1076, § 3, eff. July 1, 1997. Amended by Laws 2001, Ch. 31, § 1, elf. July 1. 2001: Laws 2002, Ch. 232. § 1, eft. July 1, 2002: Laws 2006. Ch. 188, § 1, elf. May 4. 2006: Laws 2016. Ch. 365, § 9, elf. July 1, 2016. Notes of Decisions (4) C. R. S. A. § 12-47-303, CO ST § 12-47-303 Current with immediately effective legislation through Ch. 70 of the Second Regular Session of the 71st General Assembly (2018) I tid of I rucnrncrit I i A .1 203-2:47-302. Changing, Altering, or Modifying Licensed..., 'I CO ADC 203-2:47-302 . P. WM4002) 46-.44 „~4..•,.-. µ.404a4... 4,4.. �,yar \/\Test's Colorado Administrative Code Title 200. Department of Revenue 203. Liquor Enforcement Division CCR 203-2. Liquor Code (Refs & Annos) 1 CCR 203-2:47-302 Alternatively cited as 1 CO ADC 203-2 203-2:47-302. Changing, Altering, or Modifying Licensed Premises. Currentness Basis and Purpose. The statutory authority for this regulation is located at subsections 12-47-202(l)(b) and 12-47-202(2) (a)(I)(A), C.R.S. The purpose of this regulation is to establish procedures for a licensee seeking to make material or substantial alterations to the licensed premises, and provide factors the licensing authority must consider when evaluating such alterations for approval or rejection. A. After issuance of a license, the licensee shall make no physical change, alteration or modification of the licensed premises that materially or substantially alters the licensed premises or the usage of the licensed premises from the plans and specifications submitted at the time of obtaining the original license without application to, and the approval of, the local and state licensing authorities. For purposes of this regulation, physical changes, alterations or modifications of the licensed premises, or in the usage of the premises requiring prior approval, shall include, but not be limited to, the following: 1. Any increase or decrease in the total size or capacity of the licensed premises. 2. The sealing off, creation of or relocation of a common entryway, doorway, passage or other such means of public ingress and/or egress, when such common entryway, doorway or passage alters or changes the sale or distribution of alcohol beverages within the licensed premises. 3. Any substantial or material enlargement of a bar, or relocation of a bar, or addition of a separate bar. However, the temporary addition of bars or service areas to accommodate seasonal operations shall not require prior approval unless the additional service areas are accompanied by an enlargement of the licensed premises. 4. Any material change in the interior of the premises that would affect the basic character of the premises or the physical structure that existed in the plan on file with the latest application. However, the following types of modifications will not require prior approval, even if a local building permit is required: painting and redecorating of premises; the installation or replacement of electric fixtures or equipment, plumbing, refrigeration, air conditioning or heating fixtures and equipment; the lowering of ceilings; the installation and replacement of floor coverings; the replacement of furniture and equipment; and any non structural remodeling where the remodel does not expand or reduce the existing area designed for the display or sale of alcohol beverage products. r. A 2018 Thomson Reuters. No claim to original US. Government Works. 203-2:47-302. Changing, Altering, or Modifying Licensed..., I Co ADC 203-2:47-302 5. The destruction or demolition, and subsequent reconstruction, of a building that contained the retailer's licensed premises shall require the filing of new building plans with the local licensing authority, or in the case of manufacturers and wholesalers, with the state licensing authority. However, reconstruction shall not require an application to modify the premises unless the proposed plan for the newly -constructed premises materially or substantially alters the licensed premises or the usage of the licensed premises from the plans and specifications submitted at the time of obtaining the original license. 6. Nothing herein shall prohibit a licensee, who is otherwise not eligible for an optional premises permit or optional premises license, from modifying its licensed premises to include in the licensed premises a public thoroughfare, if the following conditions are met: a. The licensee has been granted an easement for the public thoroughfare for the purpose of transporting alcohol beverages. b. The public thoroughfare is authorized solely for pedestrian and non -motorized traffic. c. The inclusion of the public thoroughfare is solely for the purpose of transporting alcohol beverages between licensed areas, and no sale or consumption will occur on or within the public thoroughfare. d. Any other conditions as established by the local licensing authority. B. In making its decision with respect to any proposed changes, alterations or modifications, the licensing authority must consider whether the premises, as changed, altered or modified, will meet all of the pertinent requirements of the Colorado Liquor or Beer Codes and related regulations. Factors to be taken into account by the licensing authority shall include, but not be limited to, the following: 1. The reasonable requirements of the neighborhood and the desires of the adult inhabitants. 2. The possession, by the licensee, of the changed premises by ownership, lease, rental or other arrangement. 3. Compliance with the applicable zoning laws of the municipality, city and county or county. 4. Compliance with the distance prohibition in regard to any public or parochial school or the principal campus of any college, university, or seminary. 5. The legislative declaration that the Colorado Liquor and Beer Codes are an exercise of the police powers of the state for the protection of the economic and social welfare and the health, peace, and morals of the people of this state. Waf V _ D 2018 Thomson Reuters. No claim to original al U,S. Government Works. 2 203-2:47-302. Changing, Altering, or Modifying Licensed..., 1 CO ADC 203-2:47-302 C. If permission to change, alter or modify the licensed premises is denied, the licensing authority shall give notice in writing and shall state grounds upon which the application was denied. The licensee shall be entitled to a hearing on the denial if a request in writing is made to the licensing authority within fifteen days after the date of notice. D. This regulation shall be applicable to the holder of a manufacturer's license as specifically defined in Section 12-47-402, C.R.S., or a limited winery defined in section 12-47-403, C.R.S, only if the physical change, alteration, or modification involves any increase or decrease in the total size of the licensed premises or sales room locations. Neither the state or local licensing authority shall impose any additional fees for the processing or review of an application for a modification of premises for the holder of a manufacturer's license. Credits Amended May 30, 2012; Feb. 14, 2014; Feb. 14, 2016; Jan. 1, 2017. Current through CR, Vol. 41, No. 5, March 10, 2018. 1 CCR 203-2:47-302, 1 CO ADC 203-2:47-302 ,„; of I3xtr»snra2t J S IIn�;;?[ Hello