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Home My WebLink About20172962RESOLUTION 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. Co, SOC RS), Ca.CFH ), ca.PPL. G/7/17 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. BOARD OF COUNTY COMMISSIONERS WELD COl�JNTY, COLORADO ATTEST:dj� v• jCL,t0;4k. Weld County Clerk to the Board l� oun y Attorney Date of signature: 13 -/At 1 I 1 Julie A: Steve Moreno, Pro -Tern Sean P. Conway 2017-2962 LC0045 Chloe Rempel 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.us] 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 t.Doq COLORADO Department al Revenue I r.:111 .'17 .il' :ri i� _� '.� �_ �•:r:: : 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.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 re -licensing or whether the establishment has effectively paid its dues, thanks. From: Alderden - DOR, James[mailto:iames.alderden@state.co.us] Sent: Tuesday, August 15, 2017 2:40 PM To: Frank Haug <fhaug@weldgov.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 b 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:iames.alderden@state.co.us I www.colorado.gov/revenue/liquor On Tue, Aug 15, 2017 at 2:29 PM, Frank Haug <fhaug(cr�weldgov.com> 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 [mailto:iames.alderdenPstate.co.us] Sent: Tuesday, August 15, 2017 2:26 PM To: Frank Haug <fhaugPweldeov.com> Subject: Re: Polio Feliz 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:iames.alderden@state.co.us I www.colorado.gov/revenue/liquor 2 On Mon, Aug 7, 2017 at 10:03 AM, Frank Haug <fhaug@weldgov.com> wrote: Thanks, our board continued this until August 30 to see if they resolve the issue with the state. Please keep us posted on what happens. From: Alderden - DOR, James [mailto:james.alderdenPstate.co.us] Sent: Friday, August 4, 2017 12:03 PM To: Frank Haug <fhaug@weldgov.com> Subject: Re: Polio Feliz in Weld County Certainly 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:iames.alderden@state.co.us I www.colorado.Qov/revenue/liquor On Fri, Aug 4, 2017 at 12:01 PM, Frank Haug <fhaug@weldgov.com> wrote: Thanks, are you okay if I tell our board that is your proposed settlement? From: Alderden - DOR, James [mailto:iames.alderden@state.co.us] Sent: Friday, August 4, 2017 11:56 AM To: Frank Haug <fhaug@weldgov.com> Subject: Re: Polio Feliz in Weld County 3 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.tanisna,state.co.us. James Alderden Investigations Supervisor Liquor & Tobacco Enforcement COLORADO Department al Revenue 2320 Reservoir Road, Suite A, Greeley, CO 80634 office: 970-356-3992 I fax: 970-378-8896 I cell: 970-534-0946 email:iames.alderden@state.co.us I www.colorado.gov/revenue/liquor On Fri, Aug 4, 2017 at 8:28 AM, Frank Haug <fhaug(a weldaov.com> wrote: I wanted to contact you to check on a couple of issues. Polio 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 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 report itself is something that I believe our board needs to be aware of when considering whether to grant a 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 is ongoing, perhaps that makes sense, but if it is concluded, I am not sure what harm there is in releasing 4 the information. Also, if I am not contacting the right people, please let me know who to get a hold of, thanks. Frank N. Haug Assistant Weld County Attorney 1150 O Street j Mailing Address: P.O. Box 758, Greeley, CO 80632 tel: (970) 400-4394 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 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. 5 THIS LICENSE EXPIRES MAY 30, 2018 trac../`�J�JJ�JJ�JJ�JJ�J�J�JJ`�..�..Mrcarrernrecrecrrrarril Es License Number 2017-21 I � _ j"� I License Fee $107.50Es$ _) 1/4.q ti"1'.1'1'E: OF COLORADO � C p U N T ? COUN'I`1' Ot� ��'ELD '`� 1 ki Q 1/4] c) c) () () 5:') c) c) 1 1/4) (.0 RETAIL LIQUOR LICENSE RETAIL LIQUOR LICENSE BY AUTHORITY OF THE BOARD OF COUNTY COMMISSIONERS THE OF COUNTY COMMISSIONERS l J 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 A 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 Pollo Feliz, of the State of Colorado, having applied for a License to sell fermented malt beverages, containing not more than i. g �,i . 2 percent of alcohol by weight, and having paid to the County 'freasurer the sum of One I lundred Seven and [50/1001 ($10750) Dollars 'fherefom, the above applicant is hereby licensed ro sell fermented malt bcvarages, contai�ung notmore than 3? percept akuhul be weight, by the dunk fur consumption o�� the prcntises only, as a 3.2 Percent Beet On-Premise(County) Retail Liquor License, ar the address of 2523 8th Avenue, Greeley, Cobrado 80631, in the County of \C'eIJ, Scare ofColorado for a period be�,naeung un the ilst day of '�fav, ?U17, and ending on the 30th day of b1ay, COIA, unless' this license is revokedsooner a+provided b}' law. is to M. Lucero, dba Pollo Feliz, of the State of Colorado, having applied a to sell fermented maltbeverages, containing more 3.2 percent of alcohol and having paid the "Treasurer the sum of One I Iundred ($107.50) Dollars. "1 -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, 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 I°, Colorado Revised Statues, as amended. license is issued subject to the Laws the State of Colorado and the of of 'Title 12, Colorado as amended. IN TESTIMONY WHEREOF, the Board of County Commissioners has hereunto subscribed its name by its officers duly IN "TESTIMONY the Board Commissioners has subscribed its its duly authorized this 28th day of August, 2017. ATTEST: adetifevWusdazAA. 1 . � l utv Clerk to the Board k I �u�'�1� 1 �r ` Aria Tor:: civt, 11ji 1"t TO BE POSTED IN A CONS ,i5 PLACE. NON -TRANSFERABLE. MI BY The Board o County Commissioners .hair, Board of ( : )unty ( ;ummiS )fl rs 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 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. 9/6/2017 MB Patrick Maroney, Division Director Michael Hartman, Executive Director 0 m m m co N a a a a O N 0 U.S. Postal Service' CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com''. Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) $ ❑ Certified Mail Restricted Delivery $ Adult Signature Required $ • Adult Signature Restricted Delivery $ Postage $flc'v Total Postage and Fees sfIca --O Sent To I-9 ancse___C_Y1_P:_1.,,_ c .ri_ P tio_ Street and Apt. No., or O Box No. N. .95ea %titC' s State, ZIP+4aye). Postmark Here 7/I 7 Feu z. • a • • PS Form 3800, Api it 2015 PSN 7530-02-000-9047 See 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: a rya, M• L v c a. -r- o dtoct Pouc C=etiz asa3 S+h aVei• Coree(ejCo SOco3l 11111111 111111111111111111111 Mull 9590 9402 1714 6053 4707 47 i COMPLETE THIS SECTION ON DELIVERY ❑ Agent ❑ Addressee C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: O No 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery 'Certified Mail® ❑ Certified Mail Restricted Delivery ❑ Collect on Delivery 2. Article Number (Transfer from service label) O Collect nn Delivery Restricted Delivery fail 7016 Q750 0000 7938 3330 Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 ❑ Priority Mail Express® ❑ Registered MaiITM ❑ Registered Mail Restricted Delivery ❑ Return Receipt for Merchandise ❑ Signature Confirmation"" ❑ Signature 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, o- ‘RQA.t.it,Lo Chloe A. Rempel Deputy Clerk to the Board cc: County Attorney m ru m m IT' N S C7 O S Li") N O U.S. Postal Service' CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com `).ig Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) ❑ Certified Mail Restricted Delivery ❑ Adult Signature Required $ Adult Signature Restricted Delivery $ Postage $,Wild Total Postage and Fees $ f / Sent To meet and Apt. NAunt Potto! a C'a , State, ZIP+4 rv. SpAm Postmark Here g'/3o/r7 PS Form 3800, April 2015 PSN 7530-02-000-9047 See 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: O+4nt anti Locero PO(10 as a 3 g+h eve,. &ree-,CO goCa31 IIIIIIIIIIII u i F u u i 9590 9402 1714 6053 4706 93 i i I I COMPLETE THIS SECTION ON DELIVERY A. Signature X ❑ Agent ❑ Ad. - ssee D. Is delivery address different from item 1? O Yes If YES, enter delivery address below: ❑ No • 2. Article Number (Transfer from confirm Iahnn 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery 'Certified Mail® ❑ Certified Mail Restricted Delivery ❑ Collect on Delivery 7016 0750 0000 7938 3293 PS Form 3811, July 2015 PSN 7530-02-000-9053 in Delivery Restricted Delivery vlail vlail Restricted Delivery over '.500) ❑ Priority Mail Express® ❑ Registered MaiITM ❑ Registered Mail Restricted Delivery ❑ Return Receipt for Merchandise ❑ Signature ConfirmationTM ❑ Signature Confirmation Restricted Delivery Domestic Return Receipt DR 8400 (06/28/17) 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 Fees Due Renewal Fee 117.50 Storage Permit $200 X $ Optional Premise $200 X $ Amount Due/Paid 617.50 $ 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 Licensee Name Ana M. Lucero Doing Business As Name (DBA) Polio Feliz Liquor License 4600512 # License 3.2% Type Beer OnPremise Sales Tax 04209498-0000 License # Expiration May Date 30, 2017 Due Date April 14, 2017 Business Address 2523 8th Avenue, Greeley, CO 80631 Phone Number et 1 470 -37o sTg, Mailing Address 2523 8th Avenue, Greeley, CO 80631 Email None Operating Manager Date of Birth Home Address Phone Number .7 q70;jgoisS — -_ &lei al LA cero 3 < 1. Do you have legal possession of the pre ses at the street address above? ❑ Yes ❑ No Are the premises owned or rented? ' Owned ❑ Rented* *If rented, expiration date of lease 2. Since organizational and attach the date a listing of structure filing of of all (addition liquor the last businesses application, or deletion of in has which officers, there these been directors, new any lenders, change in managing owners financial members (other interest than or general licensed (new notes, partners)? financial loans, If yes, institutions), owners, explain etc.) in officers, or detail directors, managing members, or general partners are materially interested. ❑ Yes reic No 3. Since the date of filing of the last application, has the applicant or any of its agents, owners, managers, partners or lenders (other than licensed financial institutions) been convicted of a crime? If yes, attach a detailed explanation. Yes [X No 4. Since than revoked, licensed the date or had of financial interest filing of institutions) the in any last entity application, been that denied had has an an alcohol the alcohol applicant beverage beverage or any license license, of its agents, denied, had owners, an alcohol suspended managers, beverage license or revoked? partners If or suspended yes, attach lenders (other or a detailed explanation. Yes I No 5. Does direct the applicant or indirect interest or any of in its any agents, other owners, Colorado managers, liquor license, partners including or lenders loans to (other or than from licensed any licensee financial or interest institutions) in a loan have a to any licensee? If yes, attach a detailed explanation. Yes IN No Affirmation & Consent I declare best of under my knowledge. penalty of perjury in the second degree that this application and all attachments are true, correct and complete to the Type or Print Name of Applicant/Authorized Agent of Business c_----1C)()Lena Title ,r \ Aelt< Signa Date 7 7 ----I2 1 .., Lk!c_ ,......, Repo The and foregoing we do & Approval hereby application report of that City has such or been license, County examined if Licensing and granted, the will premises, AuthorityEs comply business with the `•Tr •u 'r' - . isi► . . R v 1 i - -c .'\of -Otis the applicant 46 and 47, are C.R.S., satisfactory, and Liquor X 04 Rules. vo 1461 t \ :i.�''-� , au Therefore this application is approved. , I Date Auust28 2017 Local Licensing Authority For Weld Count y� Colorado dike1 %'LJ%tI' Si e Title i lest Chair, Board of Coun iiiiii;► •.• issioners W ga-reld•O; ao1y- 0297,02, RETAIL FOOD ESTABLISHMENT INSPECTION REPORT Facility Name: POLLO FELIZ Address: 2523 8TH AVE GREELEY, CO 80631 Phone: (970) 378-2158 Inspection Date: February 22, 2017 Owner: ANA LUCERO Inspection Type: REGULAR INSPECTION Red - Critical Item: A violation that, if left uncorrected, is more likely than other violations to contribute to food contamination or illness. Blue - Non -critical: A violation that, if left uncorrected, could lead to more serious problems but does not pose an immediate threat to food safety. Cross -contamination - Found raw shell eggs stored over buns and shredded cheese in the sliding door Olc cooler. All raw animal products shall be stored below ready -to -eat foods to prevent cross contamination. Corrected during inspection. Proper hygienic practices followed - Found hood grease filters and brooms in the food prep sink. The food re sink is for foodonl , dishes and equipment should not be stored in this sink. 02d prep . prep Y cleaning Corrected during inspection by removing the items from the sink. Proper hygienic practices followed - Observed employee wash cilantro in the 3 -compartment sink. The Old 3 -compartment sink is designated for warewashing only. Produce should be washed in the food prep sink only. Corrected by discussing with employee. Prevention of food contamination from bare hands - Observed employee touching tortillas with bare 02g hands. Bare hand contact with ready -to -eat food is prohibited. Use of gloves, tissue paper, tongs or other adequate utensil is required. Corrected by discussing with employee and observing use of gloves. 14a Ventilation - The filters for the exhaust hood were not in place during cooking activity. When grease vapors are emitted, the hood filters must be in place. Corrected by placing hood filters in hood. 2017-2962 LIQUOR ENFORCEMENT DIVISION ALCOHOL & TOBACCO ENFORCEMENT Department of Revenue Case Report Case Number: 18.0006 Date of Offense: 6/1/2017 Case Summary On 07/06/17 at 1645 hours, Weld County Deputy Clerk to the Board, CHLOE REMPEL, called reporting the licensee failed to renew their license which expired on 05130/17. Follow up investigation found the Licensee, POLLO FELIZ, failed to renew their license and admitted to selling beer since expiration on 05/30/17. Case closed, referred for administrative action. Violations 12-47-301 - Valid Liquor Licenses 12-47-301 - Valid Local Liquor License Posted 12-47-301 - Valid Sales Tax License 12-47-406(1)(b)(II) - Delivery to a non licensed premises 12.47-701, Regs 47-700 & 47-426 - Books and Invoices Available 12-47-901(1)(g) - Sale without a license 12-47-901(5)(h) - Failure to Post Liquor Warning Sign Reg. 47-310(D) - failed to provide information fully, truthfully and fairly Reg. 47-700 - Inspection of licensed premises Taxpayer Location Information ANA M. LUCERO D/B/A POLLO FELIZ 2523 8TH AVENUE GREELEY, CO 80631 Case Number: 18-0008 Sales Tax License #: Liquor Number: Page 1 of 10 LIQUOR ENFORCEMENT DIVISION ALCOHOL & TOBACCO ENFORCEMENT Department of Revenue High Country Beverage Corp D/B/A High Country Beverage Corp 4200 RONALD REAGAN BLVD JOHNSTOWN, CO 80534 Sales Tax License #: Liquor Number: Case Number: 184006 Page 2 of 10 LIQUOR ENFORCEMENT DIVISION ALCOHOL & TOBACCO ENFORCEMENT Department of Revenue Involved Persons Violator: Ana M. Lucero 2523 8th Avenue Greeley, CO 80631 Home Phone Number: N/A Business Phone Number: N/A Cell Phone Number: Violator: Jennifer Maunsell 4200 RONALD REAGAN BLVD Johnstown, CO 80534 Home Phone Number: N/A Business Phone Number: Cell Phone Number: N/A Cue Number: 18-0008 Page 3 of 10 LIQUOR ENFORCEMENT DIVISION ALCOHOL & TOBACCO ENFORCEMENT Department of Revenue Other: Investigator: Chloe Rempel Home Phone Number: N/A Business Phone Number: (970) 400-4225 Cell Phone Number: N/A Kelly Haralson 2320 Reservoir Rd., Ste. A Greeley, CO 80834 (970) 356-3992 kelly.haralson@state.co.us Investigator Narratives Investigator: Kelly Haralson Title: Follow Up Report On 05/30/17 a1 approximately 1645 hours, The Division received a phone call from CHLOE REMPEL, Weld County Deputy Clerk to the Board, for liquor licensing. She called to request assistance for a business that failed to renew their liquor license and was possibly still selling alcohol. The business was identified as ANA M. LUCERO, d/b/a POLLO FELIZ, a 3.2% beer on premises license # at 2523 8th Avenue, Greeley, Weld County, Colorado 80631. REMPEL said this was brought to her attention on 07/06/17 at 1558 hours when she received an email from JENNIFER MAUNSELL, Administrative Assistant with HIGH COUNTRY BEVERAGE, asking about the status of POLLO FELIZ' liquor license. HIGH COUNTRY BEVERAGE CORP., holds a 3.2% beer wholesaler license it at 4200 Ronald Reagan Boulevard, Johnston, Weld County, Colorado 80534. REMPEL responded to MAUNSELL'S email stating POLLO FELIZ liquor license was not valid, had Case Number: 18.0006 Page 4 of 10 LIQUOR ENFORCEMENT DIVISION ALCOHOL & TOBACCO ENFORCEMENT Department of Revenue expired on 05/30/16, and the County was not in receipt of a renewal application for them. POLLO FELIZ was initially issued their liquor license on 05/31/16. Their license expired on 05/30/17. The state sent a renewal notification to the business; however they never submitted a renewal application and fees to the local or state licensing authority. On 07/06/17 at approximately 1700 hours, I responded to the business and conducted an inspection. There were no customers inside the business. There was a male cook in the kitchen, later identified as ANA LUCEERO'S husband, name unknown, a female standing at the register behind the counter, later found to be the owner ANA LUCERO. There was also a young male inside the business, possibly a child of the owner. I contacted the female at the register and requested to speak with an owner or the manager. She stated they were not there, I asked if she could contact them and let them know I was there. She said she could not. I identified myself as an Investigator with the Liquor Enforcement Division and was there to conduct an inspection. I also displayed my identification hanging from a lanyard around my neck. I did not see the state or local liquor licenses posted, there was no liquor warning sign posted and there was no business or sales tax licenses posted. I asked where the licenses were but the female (LUCERO) said the owner must have taken them down. I began conducting my inspection and asked the female for her name. She said her name was ANA. I asked if she was the owner, and she said she was. I asked why she wasn't truthful with me when I identified myself. She said she gets a lot of people that come in and try to sell her things. I asked her again why she didn't identify herself after I told her who I was with and showed her my identification. She shrugged her shoulders and said she didn't know why. During the inspection I found an upright cooler behind the counter containing bottles and cans of beer as well as non -alcohol beverages. There were several cases of beer in a store room just next to the counter. I asked to see their liquor purchase invoices. The male cook located two (2) invoices in a drawer in the kitchen. LUCERO said her husband had just placed an order for more beer with their distributor, HIGH COUNTRY BEVERAGE. Her husband did not speak to me, and only spoke to LUCERO in Spanish. The invoices were from HIGH COUNTRY BEVERAGE. One invoice, #W-2597913. delivery date 06/16/17, was delivered after the lqiuor Iciense expired on 05/30/17. The beer delivered and listed on the invoice was: 4 Corona Extra 4/6 LNNR 3.2 for $27.55 each. Total $104.89 2 Modelo Esp 2/12 NR 3.2 for $27.65. Total $49.40 2 Dos XX Lager 2/12 LNNR 3,2 for $25.10. Total $47.20 1 Tecate 2/12 Can 3.2 for $23.35. Total $20.40 1 Coors Light 4/6 LNNR 3.2 for $22.85. Total $22.45 Case Number: 18-0006 Page 5 of 10 LIQUOR ENFORCEMENT DIVISION ALCOHOL & TOBACCO ENFORCEMENT Department of Revenue Total Sales: $224.25 The Corona product and total sales lines were crossed out, The handwritten total was $139.45. I asked LUCERO why this was crossed out since there were cases of Corona beer in the store room and in the cooler. She said HIGH COUNTRY BEVERAGE distributor crossed that out at the time of delivery and just swapped out the product because of freshness. I asked LUCERO how she tracked her liquor sales. The cash register contained several buttons with product names on them, but none of them were labeled for alcohol beverages. There was no register tape in the register either. LUCERO said she does not ring any sales up and only opens the drawer to put money in and out of it. She said she writes everything up on a ticket and sells all beer for $3.50 each. She said she tracks the beer sales by how many cases she sells. I asked to see her handwritten tickets, but she said they were with the bookkeeper and were not available. She said she could provide those if requested. LUCERO was asked if she renewed her liquor license. She said she wasn't sure. I advised her there was no renewal on file with the county or the state and told her she could not sell any more beer until her license was renewed. I advised her of the criminal penalty for selling without a valid license. I also informed her she could not order beer or accept deliveries without their license being renewed either. On 07/07/17, LUCERO called me to say she had been in contact with REMPEL at the county to renew her license and would take care of it today. On 07/07/17, I contacted REMPEL by phone. She confirmed LUCERO called her and said she would be in to renew her license. At the time of my call at approximately 1200 hours, the renewal had not been received. REMPEL also Informed me HIGH COUNTRY BEVERAGE had sent other emails over the last few months checking on the license status. REMPEL said she received an email from MAUNSELL on 06/19/17, asking about the license status. REMPEL told them she they did not have a valid license and had not renewed. On 07/07/17 at approximately 1245 hours, Investigator Supervisor ALDERDEN and I responded to POLLO FELIZ. ALDERDEN went into the business and attempted to purchase a beer. He was told they were not selling it right now. On 07/13/17 at 1635 hours, I hand delivered a Document Demand to LUCERO to obtain all liquor purchase invoices, retail liquor store purchase records, all sales transactions from the business and any additional written instruments that show the sale of alcohol during the time period between 05/31/17 through 07/13/17. The Licensee was ordered to provide all records to the Greeley Liquor Enforcement Office by close of business on 07/20/17. CHLOE REMPEL with Weld County Commissioners, Office advised me LUCERO submitted a Case Number: 18-0005 Page 8 of 10 LIQUOR ENFORCEMENT DIVISION ALCOHOL & TOBACCO ENFORCEMENT Department of Revenue license renewal application and fees to her office on 07/12/17. On 07/18/17, I received a call from DAVID LEON, accountant for ANA LUCERO. LUCERO was also present on the conference call. LEON stated he assists LUCERO with her bookkeeping and asked what specifically she needed to provide pursuant to my records request. I explained I wanted records pertaining to the purchase, delivery, receipt and sale of all alcohol beverages between 05/31/17 to 07/12/17. He and LUCERO also asked what the requirements are for record keeping. I referred them to the statutes and rules pertaining to record keeping and also advised them they needed to retain their alcohol purchase records and their alcohol sales records. On 07/20/17 LUCERO called and advised she was dropping off the records I requested at my office. On 07/21/17 I reviewed the records provided. LUCERO provided me with seven (7) distributor invoices, six of which were prior to 05/31/17 when her liquor license expired, and one was from HIGH COUNTRY BEVERAGE on 06/16/17. HIGH COUNTRY BEVERAGE delivered beer to POLLO FELIZ on 06/16/17 after their liquor license expired on 05/30/17 and had not been renewed yet. She also provided me with two handwritten sales tracking sheets which only list dollar amounts and are titled May and June. There were no other details. The last items provided were small handwritten sheets labeled "Guest Check" that were customer food orders. There was one guest check listing beer products with numbers next to them. None of the guest checks had dates on them. I called LUCERO to assist me in understanding what was provided. She said the guest check with the beer list is her current inventory of beer on hand. I asked when these guest checks were created because there were no dates on them. She said she did not know there were no dates on the guest checks. She stated the guest checks she provided to me were from food orders from the week of July 13 through July 20, 2017. She said the two pieces of paper titled May and June, was just how she tracks her daily sales. I advised LUCERO that I would copy some of the records and be returning them to her. She stated she will be tracking all beer sales from this point forward. She also complained the sales rep from HIGH COUNTRY BEVERAGE would not return her calls. I advised her that once she submitted application to renew and paid the renewal fees, she could continue to operate as though the renewal has been approved. Case closed, referred for administrative action. Case Number: 184006 Page 7 of 10 • • LIQUOR ENFORCEMENT DIVISION ALCOHOL & TOBACCO ENFORCEMENT Department of Revenue • I Photos Caption: Caption: Case Number: 18-0006 Page 8 of 10 Caption: Caption: LIQUOR ENFORCEMENT DIVISION ALCOHOL & TOBACCO ENFORCEMENT Department of Revenue Cue Number 18-0006 Page 9 of 10 LIQUOR ENFORCEMENT DIVISION ALCOHOL & TOBACCO ENFORCEMENT Department of Revenue Caption: V Investigator Supervisor Date Date 07/ VI'? Case Number: 18-0006 Page 10 of 10 " i OTAI. n High Gout ry Beverage 4200 Johnstown. Ronald Reagan Blvd fCO 80534 (97q) 6224444 r shl9h00untrybeverage.com ODELO ESP 2/12 NR 3.2�-y.. ==.4 D0$ XX LAGER 2/12 U.MNR' 3. 1 TECATE 2/12 CAN 3.2 k".•4 S, Polio FeHiz =` Y, 2523 6th Ave Greeley, CO 80631 CONTACT: Ma Lucero or enrlque (970) 376a158 TERMS: COD Check $2,96 $24.70 $1,50 \ $23,60 $2.95 $20.40 • Check Number Page 1 of ngss M LIQUOR ENFORCEMENT DIVISION, COLORADO DEPARTMENT OF REVENUE STATE OF COLORADO DEMAND FOR BUSINESS RECORDS w+.... ►vlirliif Y.yYMM W IN THE MATTER OF: Ana M. Lucereo d/b/a Polio Eeliz 2523 8'h Avenue Greeley, Colorado 80631 LICENSE NO. PURSUANT TO C.R.S. 12-47-701 AND REGULATION 47-700, 1 CCR 203-2, THE COLORADO LIQUOR ENFORCEMENT DIVISION IS REQUIRING THE ABOVE NAMED LICENSEE TO PROVIDE THE FOLLOWING DOCUMENTS: 1} General business records, including all cash register receipts, liquor purchase invoices, retail liquor store purchase receipts, recei ts, all electronic or handwritten sales orders for alcohol purchases, and any other financial documents, or any other written instruments used for the operation of the business during the period of May 31, 2017 through July 12, 2017. Do not submit any records or documents other than those specifically demanded above. The abo ve documents must be submitted no later than the close of business on July 20, 2017 to: Colorado Department of Revenue Liquor Enforcement Division 2320 Reservoir Road, Suite A Greeley, Colorado 80634 Phone: 970-356-3992 FAILURE TO COMPLY WITH THIS DEMAND MAY RESULT IN ADMINISTRATIVE ACTION TO SUSPEND OR REVOKE THE ABOVE LIQUOR LICENSE. Criminal In stigator l Request received by; Relationship to Licensee:) }W 2 High Country Beverage 4200 Ronald Reagan Blvd Johnstown, CO 80534 (970) 622-8444 www. h ig h co u n trybeve rage. co m Polio Feliz 2523 8th Ave Greetey, CO 80831 CONTACT: Ana Lucero or enrique TERMS: COD Check Date Invoice Load Sheet 6116/2017 W-2597913 233779 320529 340630 340938 110332 Vendor PO Number Route Customer Detiveryman Salesman Rout. 5107 Frl 3393 Cameron° Chrb6neS PRODUCT PRICE DEP DISC NET TOTAL 2 MODELO ESP 2/12 NR 3,2 2 DOS XX LAGER 2/12 LNNR 3,2 1 TECATE 2/12 CAN 3,2 1 COORS LIGHT 4/6 LNNR 3.2 $27.85 $2.95 $24.70 $49.40 $25.10 $1.50 $23.60 $47.20 $23.35 $2.95 $20.40 $20.40 $22.85 $0.40 $22.45 $22.45 10.00 50.00 X Received By Signature Printed Name Total Sales Deliveryman Signature ROA Check Number Page 1 of 1 July 21, 2017 COLORADO Department of Revenue Enforcement Division— Liquor & Tobacco 232O Reservoir Road, Suite A. Greeley, CO 80634 Phone 070-350.3092 I Fax' 970.378-8890 www colored° goy/enforcement/liquor High Country Beverage Corporation d/b/a High Country Beverage Corporation 4200 Ronald Reagan Boulevard Johnston, Co 80534 This letter is in follow-up to an investigation I conducted regarding the delivery of alcohol beverages to an unlicensed business, Polio Feliz in Greeley, Colorado, on June 16, 2017. Polio Feliz 3.2% beer license, expired on May 30, 2017. They did not renew their liquor license at that time. An employee of High Country Beverage, Jennifer Maunsell, called the Weld County Commissioners Office to verify their license status on June 19, 2017, three (3) days after the delivery had already occurred. Ms Maunsell was informed their license status was expired at that time. The delivery of alcohol beverages to a business that does not hold a valid (not expired) liquor license is prohibited and is a violation of the Colorado Liquor Code as well as the Colorado Code of Regulations. This letter is intended to be a formal warning for the violation listed in an attempt to bring you into compliance with the Colorado Liquor and Beer Codes. Pursuant to Colorado Revised Statutes 12-47-406(1)(b)(II), Wholesalers are only permitted: (1)(B) To take orders for malt liquors at any place within the territory designated on the license application and deliver malt liquors on orders previously taken to any place within the designated geographical territory, f the licensee has procured a wholesaler's beer license and the place where orders are taken and delivered is a place regularly licensed pursuant to the provisions of this article. Any future violations of this nature may result in further action, which includes possible criminal liability or the inability to obtain a liquor license. Your cooperation in addressing these violations and your continued efforts to comply with the Colorado Liquor and Beer Codes are greatly appreciated by our Division. If you should have any questions, please feel free to contact any of the Liquor Enforcement Investigators at 970-356-3992. Respectfully, Kelly Haralson, Criminal Investigator Colorado Liquor/Tobacco Enforcement Division 2320 Reservoir Rd., Suite A, Greeley, CO 80634 Office: 970-356-3992 I Fax 970-378-8896 kelly.haralson©state.co.us O Es L 0 O 0 C 0 0 cD O m a) 0 a) 0 PO Box 758 Greeley CO 80632 0 Ca L O \ O O co O 0 0 T CC) co c a)cc) O • _ct.2U ° o 'o Y mTu _(.15 2 O 2 CASH RECEIPT RECEIVED FROM Polk) Perim ma, M• LUCtr-o ADDRESS S58 3 ' +k aye •,C,recie9 I CO R-0 Go l �;x Nondrod Seven J (ars + 5°600 — $ COO -7.5O FOR (A_.) Rs,'La Ja, l e% 4 cli.n app I • Re a DATE —i / I o''i ( o`l O ( ^t NO. 89390 HOW PAID CASH CHECK COO1 50 MONEY ORDER RECEIPT ✓ ft 53.19 �3 .0`170 (3cmr On Premise BY C2 DATE "7/(9 / 90 7 NO. 89391 RECEIVED FROM PO(to Fe...I; i z. j Anna. 1`Y1 . LuCero ADDRESS 'aso'�3 $ f -h G�i t . f CzceeJ#�y� CO 80003 Six Ntndred FOR STOI T HOW PAID CHECK MONEY ORDER 50 3.a g>0 rdeaoft Premisse CAR. BY 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 Feliz 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, if-oeNt_k.. Chloe A. Rempel Deputy Clerk to the Board cc: County Attorney nj m m N a O r iD N a U.S. Postal ServiceTM CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.corn®. Certified Mail Fee $ r /a.. Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ o Return Receipt (electronic) ❑ Certified Mail Restricted Delivery O Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ Li' 3,4 Sox Postage $ Total Postage and Fees $ n Sent To Postmark Here al /17 _Ccenaa M • Lc.)ccro , it F etiZ Street and Apt. No., or PO Box No. Ci , State, ZIP+4 e reele , Co _0CD3( PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions SENDER: COMPLETE THIS SECTION • 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. 1. Article Addressed to: £2rcx. M • Lucero ro Polio -Fse(iZ, asa3 8th ave. Cree(esico 8OCD31 2. Article Number (Transfer from service label) COMPLETE THIS SECTION ON DELIVERY lietStr. re ddressee iv -s • . ' int- • .me) C.iDate of Delivery ile, ba,o 11-(7 s delivery ad • ress different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type RCertified Mail® ❑ Registered ❑ Insured Mail ❑ Priority Mail Express"' ❑ Return Receipt for Merchandise ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 7016 0750 0000 7938 3279 PS Form 3811, July 2013 Domestic Return Receipt Chloe Rempel From: Sent: To: Cc: Subject: Attachments: Hello, Chloe Rempel Thursday, July 13, 2017 11:07 AM Bethany Pascoe; Dan Joseph; Deb Adamson; Frank Haug; Janet Lundquist; Jose Gonzalez; Lauren Light; Michelle Martin; Roy Rudisill; Sam Kaneta III Bruce Barker; Bob Choate; Karin McDougal Renewal Liquor License - Polio Feliz Renewal Application - Pollo Feliz.pdf In accordance with the procedure for processing Renewal Liquor License Applications, please review all records on the following document/establishment for any associated reports/incidents and return your report to the Weld County Clerk to the Board's Office. Your report will be used by the Board of County Commissioners in considering the Applicant's Liquor License. The applicant was recently found in violation by a State Liquor Enforcement Officer, who will be sending me the report as soon as it is finalized. I will forward you the findings when I receive them. PLEASE RESPOND NO LATER THAN: Friday, July 28 2017 License Type: 3.2% Beer On -Premise (County) Applicant: Ana M. Lucero dba Pollo Feliz 2523 8th Avenue Greeley, CO 80631 File Location: LC0045 Thank you, Chloe A. Rempel Deputy Clerk to the Board Weld County 1150 O Street Greeley, CO 80631 tel: 970-400-4225 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 Chloe Rempel From: Sent: To: Subject: Sam Kaneta III Thursday, July 13, 2017 1:59 PM Chloe Rempel RE: Renewal Liquor License - Polio Feliz Looked in Spillman, found nothing on Ana Lucero. However, on the business I found 4 burglar alarms in just under a 3 month period in late 2016. All alarms were false, no emergency or unlawful entry. They occurred on; Aug 26th, Sep 22"d, Oct 19th and Nov 16th The businesses' false alarms are the most prevalent issue. The Sheriffs Office did not respond to any complaint involving the business directly, there was however a disturbance in the street adjacent to the business. Sam Kaneta III Weld County Sheriffs Office 1950 O Street Greeley, CO 80631 970-356-4015 ext 2877 skaneta@co.weld.co.us From: Chloe Rempel Sent: Thursday, July 13, 2017 11:07 AM To: Bethany Pascoe <bpascoe@weldgov.com>; Dan Joseph <djoseph@weldgov.com>; Deb Adamson <dadamson@weldgov.com>; Frank Haug <fhaug@weldgov.com>; Janet Lundquist <jlundquist@weldgov.com>; Jose Gonzalez <jgonzalez@weldgov.com>; Lauren Light <Ilight@weldgov.com>; Michelle Martin <mmartin@weldgov.com>; Roy Rudisill <rrudisill@weldgov.com>; Sam Kaneta III <skaneta@weldgov.com> Cc: Bruce Barker <bbarker@weldgov.com>; Bob Choate <bchoate@weldgov.com>; Karin McDougal <kmcdougal@weldgov.com> Subject: Renewal Liquor License - Polio Feliz Hello, In accordance with the procedure for processing Renewal Liquor License Applications, please review all records on the following document/establishment for any associated reports/incidents and return your report to the Weld County Clerk to the Board's Office. Your report will be used by the Board of County Commissioners in considering the Applicant's Liquor License. The applicant was recently found in violation by a State Liquor Enforcement Officer, who will be sending me the report as soon as it is finalized. I will forward you the findings when I receive them. PLEASE RESPOND NO LATER THAN: Friday, July 28, 2017 License Type: 3.2% Beer On -Premise (County) Applicant: Ana M. Lucero dba Polio Feliz 2523 8th Avenue Greeley, CO 80631 File Location: LC0045 Thank you, 1 Chloe Rempel From: Sent: To: Subject: Frank Haug Thursday, July 13, 2017 2:52 PM Chloe Rempel; Sam Kaneta III RE: Renewal Liquor License - Polio Feliz Okay, thanks. Sam is there a way that you can give additional information about how the SO would like us to deal with this issue? I don't necessarily want you to have to come to the hearing, but the board has been asking lots of questions of the applicants and the staff about the alarms. Is there a way for the sheriff to penalize people for having false alarms, do you guys take any action? From: Chloe Rempel Sent: Thursday, July 13, 2017 2:32 PM To: Frank Haug <fhaug@weldgov.com> Subject: FW: Renewal Liquor License - Polio Feliz Frank, It looks like they have an alarm system problem. A couple of weeks ago a different establishment had the same issue with their alarm system and the Board said that if it is still a problem next year, they might require them to get it fixed before approving another renewal application. Chloe A. Rempel Deputy Clerk to the Board Weld County 1150 0 Street Greeley, CO 80631 tel: 970-400-4225 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. From: Sam Kaneta III Sent: Thursday, July 13, 2017 1:59 PM To: Chloe Rempel <crempel@weldgov.com> Subject: RE: Renewal Liquor License - Polio Feliz Looked in Spillman, found nothing on Ana Lucero. However, on the business I found 4 burglar alarms in just under a 3 month period in late 2016. All alarms were false, no emergency or unlawful entry. They occurred on; Aug 26th, Sep 22nd, Oct 19th and Nov 16th 1 Chloe Rempel From: Sent: To: Subject: Sam Kaneta III Thursday, July 13, 2017 3:27 PM Frank Haug; Chloe Rempel RE: Renewal Liquor License - Polio Feliz Other jurisdictions do charge for continual false alarms. Our office has traditionally not explored that option, as most times the deputy can explain to the home/business owner the need to get their systems fixed. I've personally talked to owners about the response we are required to adhere to (emergency response for hold-up alarms), and once I've done that the owner is very willing to make it right. Often the alarms are tripped by the actual home/business owner, but they panic and enter a wrong code, or don't enter it in time. Sometimes it's a cleaning crew or family member who doesn't have the codes. We respond and contact those people, ensure they're allowed to be there and continue with our day. It does however, consume resources (fuel, deputy response time) that could be better spent pro -actively. I think the Board's request to have the owners fix the alarm systems will have a positive impact, because the applicant wants the license and will adhere to the Board's conditions for approval. Sam Kaneta III Weld County Sheriffs Office 1950 O Street Greeley, CO 80631 970-356-4015 ext 2877 skaneta@co.weld.co.us From: Frank Haug Sent: Thursday, July 13, 2017 2:52 PM To: Chloe Rempel <crempel@weldgov.com>; Sam Kaneta III <skaneta@weldgov.com> Subject: RE: Renewal Liquor License - Polio Feliz Okay, thanks. Sam is there a way that you can give additional information about how the SO would like us to deal with this issue? I don't necessarily want you to have to come to the hearing, but the board has been asking lots of questions of the applicants and the staff about the alarms. Is there a way for the sheriff to penalize people for having false alarms, do you guys take any action? From: Chloe Rempel Sent: Thursday, July 13, 2017 2:32 PM To: Frank Haug <fhaug@weldgov.com> Subject: FW: Renewal Liquor License - Polio Feliz Frank, It looks like they have an alarm system problem. A couple of weeks ago a different establishment had the same issue with their alarm system and the Board said that if it is still a problem next year, they might require them to get it fixed before approving another renewal application. Chloe A. Rempel Deputy Clerk to the Board Weld County 1 Chloe Rempel From: Sent: To: Cc: Subject: Dan Joseph Thursday, July 13, 2017 12:53 PM Chloe Rempel; Bethany Pascoe; Deb Adamson; Frank Haug; Janet Lundquist; Jose Gonzalez; Lauren Light; Michelle Martin; Roy Rudisill; Sam Kaneta III Bruce Barker; Bob Choate; Karin McDougal RE: Renewal Liquor License - Polio Feliz Chloe, Facility does not have any issues that should prevent the issuing of their liquor license. Note on facility: During their last inspection they were cited for 4 critical violations that were corrected onsite (hygiene x2, cross contamination and bare hand contact). Dan From: Chloe Rempel Sent: Thursday, July 13, 2017 11:07 AM To: Bethany Pascoe <bpascoe@weldgov.com>; Dan Joseph <djoseph@weldgov.com>; Deb Adamson <dadamson@weldgov.com>; Frank Haug <fhaug@weldgov.com>; Janet Lundquist <jlundquist@weldgov.com>; Jose Gonzalez <jgonzalez@weldgov.com>; Lauren Light <Ilight@weldgov.com>; Michelle Martin <mmartin@weldgov.com>; Roy Rudisill <rrudisill@weldgov.com>; Sam Kaneta III <skaneta@weldgov.com> Cc: Bruce Barker <bbarker@weldgov.com>; Bob Choate <bchoate@weldgov.com>; Karin McDougal <kmcdougal@weldgov.com> Subject: Renewal Liquor License - Polio Feliz Hello, In accordance with the procedure for processing Renewal Liquor License Applications, please review all records on the following document/establishment for any associated reports/incidents and return your report to the Weld County Clerk to the Board's Office. Your report will be used by the Board of County Commissioners in considering the Applicant's Liquor License. The applicant was recently found in violation by a State Liquor Enforcement Officer, who will be sending me the report as soon as it is finalized. I will forward you the findings when I receive them. PLEASE RESPOND! NO LATER THAN: Friday, July 28, 2017 License Type: 3.2% Beer On -Premise (County) Applicant: Ana M. Lucero dba Polio Feliz 2523 8th Avenue Greeley, CO 80631 File Location: LC0045 Thank you, Chloe A. Rempel 1 Chloe Rempel From: Sent: To: Subject: Jose Gonzalez Thursday, July 13, 2017 11:12 AM Chloe Rempel RE: Renewal Liquor License - Polio Feliz City limits, no concerns from building. Thank you Jose Gonzalez Asst Building Official Planning Services 1555 N 177h Ave 970-400-3533 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. From: Chloe Rempel Sent: Thursday, July 13, 2017 11:07 AM To: Bethany Pascoe <bpascoe@weldgov.com>; Dan Joseph <djoseph@weldgov.com>; Deb Adamson <dadamson@weldgov.com>; Frank Haug <fhaug@weldgov.com>; Janet Lundquist <jlundquist@weldgov.com>; Jose Gonzalez <jgonzalez@weldgov.com>; Lauren Light <Ilight@weldgov.com>; Michelle Martin <mmartin@weldgov.com>; Roy Rudisill <rrudisill@weldgov.com>; Sam Kaneta III <skaneta@weldgov.com> Cc: Bruce Barker <bbarker@weldgov.com>; Bob Choate <bchoate@weldgov.com>; Karin McDougal <kmcdougal@weldgov.com> Subject: Renewal Liquor License - Polio Feliz Hello, In accordance with the procedure for processing Renewal Liquor License Applications, please review all records on the following document/establishment for any associated reports/incidents and return your report to the Weld County Clerk to the Board's Office. Your report will be used by the Board of County Commissioners in considering the Applicant's Liquor License. The applicant was recently found in violation by a State Liquor Enforcement Officer, who will be sending me the report as soon as it is finalized. I will forward you the findings when I receive them. PLEASE RESPOND NO LATER THAN: Friday, July 28, 2017 License Type: 3.2% Beer On -Premise (County) 1 Chloe Rempel From: Sent: To: Subject: Attachments: Bethany Pascoe Friday, July 14, 2017 9:26 AM Chloe Rempel RE: Renewal Liquor License - Polio Feliz Referral.2017.doc Please see Planning Staff's attached referral. From: Chloe Rempel Sent: Thursday, July 13, 2017 11:07 AM To: Bethany Pascoe <bpascoe@weldgov.com>; Dan Joseph <djoseph@weldgov.com>; Deb Adamson <dadamson@weldgov.com>; Frank Haug <fhaug@weldgov.com>; Janet Lundquist <jlundquist@weldgov.com>; Jose Gonzalez <jgonzalez@weldgov.com>; Lauren Light <Ilight@weldgov.com>; Michelle Martin <mmartin@weldgov.com>; Roy Rudisill <rrudisill@weldgov.com>; Sam Kaneta III <skaneta@weldgov.com> Cc: Bruce Barker <bbarker@weldgov.com>; Bob Choate <bchoate@weldgov.com>; Karin McDougal <kmcdougal@weldgov.com> Subject: Renewal Liquor License - Polio Feliz Hello, In accordance with the procedure for processing Renewal Liquor License Applications, please review all records on the following document/establishment for any associated reports/incidents and return your report to the Weld County Clerk to the Board's Office. Your report will be used by the Board of County Commissioners in considering the Applicant's Liquor License. The applicant was recently found in violation by a State Liquor Enforcement Officer, who will be sending me the report as soon as it is finalized. I will forward you the findings when I receive them. PLEASE RESPOND NO LATER THAN: Friday, July 28, 2017 License Type: 3.2% Beer On -Premise (County) Applicant: Ana M. Lucero dba Polio Feliz 2523 8th Avenue Greeley, CO 80631 File Location: LC0045 Thank you, Chloe A. Rempel Deputy Clerk to the Board Weld County 1150 O Street Greeley, CO 80631 tel: 970-400-4225 1 MEMORANDUM To: Chloe Rempel, Deputy Clerk to the Board July 14, 2017 From: Bethany Pascoe, Zoning Compliance Officer II, Dept. of Planning Services Subject: LC0045 Review of the following renewal liquor license application by the Department of Planning Services shows the following: 42-09498-0000 Ana M. Lucero Dba: Polio Feliz 2523 8th Avenue Greeley, Colorado 80631 Zone District: C-3 (through Z-100) This is a "Use Allowed by Right" in the C-3 Zone District and is currently permitted under a Site Plan Review (SPR-322). No active Zoning violations were noted. SERVICE, TEAMWORK, INTEGRITY, QUALITY Chloe Rempel From: Sent: To: Subject: Janet Lundquist Monday, July 17, 2017 7:22 AM Chloe Rempel RE: Renewal Liquor License - Pollo Feliz Public Works does not have any concerns or comments regarding this facility. Janet Lundquist Support Services Manager Weld County Public Works Dept. P.O. Box 758, Greeley, CO 80632 Tele-970.356.4000 ext 3726 Fax- 970.304.6497 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. From: Chloe Rempel Sent: Thursday, July 13, 2017 11:07 AM To: Bethany Pascoe <bpascoe@weldgov.com>; Dan Joseph <djoseph@weldgov.com>; Deb Adamson <dadamson@weldgov.com>; Frank Haug <fhaug@weldgov.com>; Janet Lundquist <jlundquist@weldgov.com>; Jose Gonzalez <jgonzalez@weldgov.com>; Lauren Light <Ilight@weldgov.com>; Michelle Martin <mmartin@weldgov.com>; Roy Rudisill <rrudisill@weldgov.com>; Sam Kaneta III <skaneta@weldgov.com> Cc: Bruce Barker <bbarker@weldgov.com>; Bob Choate <bchoate@weldgov.com>; Karin McDougal <kmcdougal@weldgov.com> Subject: Renewal Liquor License - Pollo Feliz Hello, In accordance with the procedure for processing Renewal Liquor License Applications, please review all records on the following document/establishment for any associated reports/incidents and return your report to the Weld County Clerk to the Board's Office. Your report will be used by the Board of County Commissioners in considering the Applicant's Liquor License. The applicant was recently found in violation by a State Liquor Enforcement Officer, who will be sending me the report as soon as it is finalized. I will forward you the findings when I receive them. PLEASE RESPOND NO LATER THAN: Friday, July 28, 2017 License Type: 3.2% Beer On -Premise (County) 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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