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Home My WebLink About20163100.tiffRESOLUTION RE: APPROVE TEMPORARY PERMIT FOR A HOTEL AND RESTAURANT/OPTIONAL PREMISES (COUNTY) LIQUOR LICENSE FOR RNR, LLC, DBA MCCARTY'S AT EATON COUNTRY CLUB, AND AUTHORIZE CHAIR TO SIGN 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, RNR, LLC, dba McCarty's at Eaton Country Club, 37661 County Road 39, Eaton, CO 80615, presented to the Board of County Commissioners of Weld County, Colorado, an application for a Transfer of Ownership of a Hotel and Restaurant/Optional Premises (County) Liquor License, for the sale of malt, vinous and spirituous liquors for consumption by the drink on the premises only, said License previously held by Eaton Country Club, dba Eaton Country Club, and WHEREAS, Section 12-47-303, C.R.S., allows for the issuance by the Board of County Commissioners of a temporary permit to the transferee of an existing liquor license to authorize the transferee to conduct business and sell alcoholic beverages at retail in accordance with said license, subject to compliance with certain conditions, and WHEREAS, RNR, LLC, dba McCarty's at Eaton Country Club, has complied with all of the conditions set forth in said Section, and WHEREAS, RNR, LLC, dba McCarty's at Eaton Country Club, has also submitted the required application fee for said temporary permit of $100.00. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that having examined said application and other qualifications of the applicant for the transfer of the Hotel and Restaurant/Optional Premises (County) Liquor License and having considered said request for a temporary permit, does hereby grant to RNR, LLC, dba McCarty's at Eaton Country Club, 37661 County Road 39, Eaton, CO 80615, a Temporary Permit to conduct business and sell malt, vinous and spirituous liquors for consumption by the drink on the premises only, at retail at said location in accordance with the license previously held by Eaton Country Club, dba Eaton Country Club, subject to all other rules and regulations set forth by the Board of County Commissioners of Weld County, Colorado, for a period of 120 days, or until such time as the application for Transfer of Ownership is approved by the State of Colorado, whichever shall occur first. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said permit. Cc, t 5Oc RS), ac•C"H) It /I Co 2016-3100 LC0037 TEMPORARY PERMIT FOR HOTEL AND RESTAURANT/OPTIONAL PREMISES (COUNTY) LIQUOR LICENSE- RNR, LLC, DBA MCCARTY'S AT EATON COUNTRY CLUB PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of October, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: jd�/�J W %ok. Weld County Clerk to the Board o my Attorney Date of signature: UI tit fo TiMe man, Chair c_ _ 3—P Sean P. Conway, Pro -Tern Steve Moreno 2016-3100 LC0037 PLEASE POST NEAR EXISTING LICENSE TO WHOM IT MAY CONCERN: On the 3rd day of October, 2016, RNR, LLC, dba, McCarty's at Eaton Country Club submitted an application for a Transfer of Ownership for a Hotel and Restaurant/Optional Premises (County), with said license previously being held by Eaton Country Club, dba Eaton Country Club, and expiring on November 11, 2016 Until the Transfer of Ownership has been considered by the Board of Commissioners and notification has been received from the State advising whether this Transfer of Ownership request has been approved or disapproved, the Board hereby authorizes the continued sale of malt, vinous, and spirituous liquor at this establishment which is located at 37661 County Road 39, Eaton, CO 80615, under a Temporary Permit which has been approved by the Board on October 3, 2016. This Temporary Permit allows RNR, LLC, dba McCarty's at Eaton Country Club, to conduct business and sell malt, vinous and spirituous liquors for consumption by the drink on the premises only, at retail at said location in accordance with the license previously held by Eaton Country Club, dba Eaton Country Club, subject to all other rules and regulations set forth by the Board of County Commissioners of Weld County, Colorado, for a period of 120 days, or until such time as the application for Transfer of Ownership is approved by the State of Colorado, whichever shall occur first. If there are any questions concerning this matter, please feel free to contact the Weld County Clerk to the Board's Office at 970-400-4225, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. Sincerely, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Chair MF/ CR cc: Sheriffs Office Liquor Enforcement Officer 2016-3100 LC0037 DR 8404 (08/10/16) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division (303) 205-2300 Colorado Liquor Retail License Application ❑ New License ❑ New -Concurrent ✓❑ Transfer of Ownership ❑ State Property Only • All answers must be printed in black ink or typewritten • Applicant must check the appropriate box(es) • Applicant should obtain a copy of the Colorado Liquor and Beer Code: www.colorado.gov/enforcement/liquor • Local License Fee $ 950.00 1. Applicant is applying as a/an ❑ Corporation ❑ Partnership (includes Limited Liability and Husband and Wife Partnerships) 2. Applicant If an LLC, name of LLC; if partnership, at least 2 partner's names; if corporation, name of corporation RNR, LLC 2a.Trade Name of Establishment (DBA) McCarty's at Eaton Country Club 3. Address of Premises (specify exact location of premises, include suite/unit numbers) 37661 County Road 39 City Eaton ❑ Individual ❑✓ Limited Liability Company ❑ Association or Other FEIN Number 81-3893139 State Sales Tax Number 32875043 Business Telephone 970-454-2106 County Weld State CO ZIP Code 80615 4. Mailing Address (Number and Street) 37661 County Road 39 5. Email Address mccartys39ecc@gmail.com 6. If the premises currently has a liquor or beer license, you must answer the following questions City or Town Eaton State CO ZIP Code 80615 Present Trade Name of Establishment (DBA) Eaton Country Club Present State License Number 14088390000 Present Class of License H&R/Optional(county) Present Expiration Date 11/16/2016 Section A Nonrefundable Application Fees Section B (cont.) Liquor License Fees ❑ Application Fee for New License $920.00 ❑ Application Fee for New License w/Concurrent Review $1020.00 El Application Fee for Transfer $920.00 Section B Liquor License Fees ❑ Add Optional Premises to H & R $100.00 X Total ❑ Add Related Facility to Resort Complex $75.00 X Total ❑ Arts License (City) $308.75 ❑ Arts License (County) $308.75 ❑ Beer and Wine License (City) $351.25 ❑ Beer and Wine License (County) $436.25 ❑ Brew Pub License (City) $750.00 ❑ Brew Pub License (County) $750.00 ❑ Club License (City) $308.75 ❑ Club License (County) $308.75 ❑ Distillery Pub License (City) $750.00 ❑ Distillery Pub License (County) $750.00 ❑ Hotel and Restaurant License (City $500.00 ❑ Hotel and Restaurant License (County) $500.00 ❑ Hotel and Restaurant License w/one opt premises (City) $600.00 ❑✓ Hotel and Restaurant License w/one opt premises (County) $600.00 ❑ Liquor Licensed Drugstore (City) $227.50 ❑ Liquor Licensed Drugstore (County) $312.50 ❑ Lodging & Entertainment - L&E (City) $500.00 ❑ Lodging & Entertainment - L&E (County) $500.00 0 Manager Registration - H & R $75.00 ❑ Manager Registration -Tavern $75.00 ❑ Manager Registration - Lodging & Entertainment $75.00 ❑ Master File Location Fee $25.00 X Total ❑ Master File Background $250.00 X Total ❑ Manager Permit - LLDS/RLS $100.00 ❑ Optional Premises License (City) $500.00 ❑ Optional Premises License (County) $500.00 ❑ Racetrack License (City) $500.00 ❑ Racetrack License (County) $500.00 ❑ Resort Complex License (City) $500.00 ❑ Resort Complex License (County) $500.00 ❑ Retail Gaming Tavern License (City) $500.00 ❑ Retail Gaming Tavern License (County) $500.00 ❑ Retail Liquor Store License (City) $227.50 ❑ Retail Liquor Store License (County) $312.50 ❑ Tavern License (City) $500.00 ❑ Tavern License (County) $500.00 ❑ Vintners Restaurant License (City) $750.00 ❑ Vintners Restaurant License (County) $750.00 Questions? Visit: www.colorado.gov/enforcement/iquorfor more information Do not write in this space - For Department of Revenue use only Liability Information License Account Number Liability Date License Issued Through (Expiration Date) Total 1 Application Documents Checklist and Worksheet Instructions: This checklist should be utilized to assist applicants with filing all required documents for licensure. All documents must be properly signed and correspond with the name of the applicant exactly. All documents must be typed or legibly printed. Upon final State approval the license will be mailed to the local licensing authority. Application fees are nonrefundable. Questions? Visit: www.Colorado.gov/enforcemenOiquorfor more information Items submitted, please check all appropriate boxes completed or documents submitted I. Applicant information ❑ A. Applicant/Licensee identified ❑ B. State sales tax license number listed or applied for at time of application ❑ C. License type or other transaction identified ❑ D. Return originals to local authority ❑ E. Additional information may be required by the local licensing authority II. Diagram of the premises ❑ A. No larger than 8 1/2" X 11" ❑ B. Dimensions included (does not have to be to scale). Exterior areas should show type of control (fences, walls, entry/exit points, etc.) ❑ C. Separate diagram for each floor (if multiple levels) ❑ D. Kitchen - identified if Hotel and Restaurant ❑ E. Bold/Outlined Licensed Premises III. Proof of property possession (One Year Needed) • A. Deed in name of the Applicant (or) (matching question #2) date stamped / filed with County Clerk ❑ B. Lease in the name of the Applicant (or) (matching question #2) ❑ C. Lease Assignment in the name of the Applicant with proper consent from the Landlord and acceptance by the Applicant • D. Other Agreement if not deed or lease. (matching question #2) (Attach prior lease to show right to assumption) IV. Background information and financial documents ❑ A. Individual History Records(s) (Form DR 8404-I) O B. Fingerprints taken and submitted to local authority (State Authority for Master File applicants) ❑ C. Purchase agreement, stock transfer agreement, and or authorization to transfer license ■ D. List of all notes and loans (Copies to also be attached) V. Sole proprietor / husband and wife partnership • A. Form DR4679 • B. Copy of State issued Driver's License or Colorado Identification Card for each applicant VI. Corporate applicant information (if applicable) • A. Certificate of Incorporation dated stamped by the Secretary of State • B. Certificate of Good Standing • C. Certificate of Authorization if foreign corporation • D. List of officers, directors and stockholders of Applying Corporation (If wholly owned, designate a minimum of one person as Principal Officer of Parent) VII. Partnership applicant information (if applicable) • A. Partnership Agreement (general or limited). Not needed if husband and wife ■ B. Certificate of Good Standing (If formed after 2009) VIII. Limited Liability Company applicant information (if applicable) ❑ A. Copy of articles of organization (date stamped by Colorado Secretary of State's Office) ❑ B. Certificate of Good Standing ❑ C. Copy of operating agreement ❑ D. Certificate of Authority if foreign company IX. Manager registration for Hotel and Restaurant, Tavern and Lodging & Entertainment licenses when included with this application El A. $75.00 fee El B. Individual History Record (DR 8404-I) • C. If owner is managing, no fee required X. Manager Permit for Liquor License Drug Store and Retail Liquor Store when included with this application 0 A. $100.00 Permit Fee • B. Individual History Record (DR 8404-I) 2 7. Is the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stockholders Yes No or directors if a corporation) or manager under the age of twenty-one years? n n 8. Has the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stockholders or directors if a corporation) or manager ever (in Colorado or any other state): (a) Been denied an alcohol beverage license? (b) Had an alcohol beverage license suspended or revoked? ■ • ■ El (c) Had interest in another entity that had an alcohol beverage license suspended or revoked? ■ • If you answered yes to 8a, b or c, explain in detail on a separate sheet. 9. Has a liquor license application (same license class), that was located within 500 feet of the proposed premises, been denied within the • 12 preceding two years? If "yes", explain in detail. 10. Are the premises to be licensed within 500 feet of any public or private school that meets compulsory education requirements of Colorado law, or the principal campus of any college, university or seminary? or Waiver by local ordinance? • • Other: 11. Is your Liquor Licensed Drug Store (LLDS) or Retail Liquor Store (RLS) within 1500 feet of another retail liquor license for off -premises in a jurisdiction with a population of > 10,0000? NOTE —The distance shall be determined by a radius measurement that begins at the principal sales ■ • doorway of the LLDS/RLS premises for which the application is being made and ends at the principal doorway of the Licensed LLDS/RLS. 12. Is your Liquor Licensed Drug Store(LLDS) or Retail Liquor Store (RLS) within 3000 feet of another retail liquor license for off -premises sales in a jurisdiction with a population of < 10,0000? NOTE —The distance shall be determined by a radius measurement that begins at the principal ■ p doorway of the LLDS/RLS premises for which the application is being made and ends at the principal doorway of the Licensed LLDS/RLS. 13. Has a liquor or beer license ever been issued to the applicant (including any of the partners, if a partnership; members or manager if a Limited Liability Company; or officers, stockholders or directors if a corporation)? If yes, identify the name of the business and list any ❑ ■ current financial interest in said business including any loans to or from a licensee. 14. Does the Applicant, as listed on line 2 of this application, have legal possession of the premises by virtue of ownership, lease arrangement? or other • el ■ Ownership El Lease ■ Other (Explain in Detail) a. If leased, list name of landlord and tenant, and date of expiration, exactly as they appear on the lease: Landlord Eaton Country Club Tenant RNR, LLC DBA McCarty's at Eaton Country Club Expires 9/30/2018 b. Is a percentage of alcohol sales included as compensation to the landlord? If yes, complete question 13. ■ p c. Attach a diagram and outline or designate the area to be licensed (including dimensions) which shows the bars, brewery, walls, partitions, entrances, exits and what each room shall be utilized for in this business. This diagram should be no larger than 8 1/2" X 11". 15. Who, besides the owners listed in this application (including persons, firms, partnerships, corporations, limited liability companies), will loan or give money, inventory, furniture or equipment to or for use in this business; or who will receive money from this business. Attach a separate sheet if necessary. Last Name First Name Date of Birth FEIN or SSN Interest/Percentage N/A Last Name First Name Date of Birth FEIN or SSN Interest/Percentage N/A Attach copies of all notes and security instruments, and any written agreement, or details of any oral agreement, by which any person (including partnerships, corporations, limited liabil'ty companies, etc.) will share in the profit or gross proceeds of this establishment, and any agreement relating to the business which is contingent or conditional in any way by volume, profit, sales, giving of advice or consultation. 16. Optional Premises or Hotel and Restaurant Licenses with Optional Premises: Has a local ordinance or resolution authorizing optional premises been adopted? 0 • Number of additional Optional Premise areas requested. (See license fee chart) 17. Liquor Licensed Drug Store applicants, answer the following: (a) Does the applicant for a Liquor Licensed Drug Store have a license issued by the Colorado Board of Pharmacy? ■ ■ If "yes" a copy of license must be attached. 18. Club Liquor License applicants answer the following: Attach a copy of applicable documentation (a) Is the applicant organization operated solely for a national, social, fraternal, patriotic, political or athletic purpose and not for pecuniary gain? ■ ■ for (b) Is the applicant organization a regularly chartered branch, lodge or chapter of a national organization which is operated solely object of a patriotic or fraternal organization or society, but not for pecuniary gain? the •• (c) How long has the club been incorporated? (d) Has applicant occupied an establishment for three years (three years required) that was operated solely for the reasons stated above? 19. Brew -Pub, Distillery Pub or Vintner's Restaurant applicants answer the following: • • (a) Has the applicant received or applied for a Federal Permit? (Copy of permit or application must be attached) 19a. For all on -premises applicants. (If this is an application for a Hotel, Restaurant or Tavern License, the manager must also submit an Individual History Record - DR 8404-I) 19b. For all Liquor Licensed Drug Stores (LLDS) and Retail Liquor Stores (RLS) the manager must also submit an Individual History Record- DR 8404-I, Fingerprints, and obtain a Manager Permit. Last Name of Manager First Name of Manager Date of Birth Speck Paul 19c. Does this manager act as the manager of, or have a financial interest in, any other liquor licensed establishment in the State of • • Colorado? If yes, provide name, type of license and account number. Name Type of License Account Number N/A 3 20. Tax Distraint Information. Does the applicant or any other person listed on this application and including its partners, officers, directors, stockholders, members (LLC) or managing members (LLC) and any other persons with a 10% or greater financial interest in the applicant currently have an outstanding tax distraint issued to them by the Colorado Department of Revenue? If yes, provide an explanation and include copies of any payment agreements. Yes No p p 21. If applicant is a corporation, partnership, association or limited liability company, applicant must list all Officers, Directors, General Partners, and Managing Members. In addition, applicant must list any stockholders, partners, or members with ownership of 10% or more in the Applicant. All persons listed below must also attach form DR 8404-I (Individual History Record), and submit fingerprint cards to the local licensing authority. Name William Ramaglia Home Address, City & State 1561 Pelican Lake PI, Windsor, CO DOB Position Owner %Owned 100% Name Home Address, City & State DOB Position %Owned Name Home Address, City & State DOB Position %Owned Name Home Address, City & State DOB Position %Owned Name Home Address, City & State DOB Position %Owned ** ** ** If Applicant Corporations If total 0 is owned 100% by a parent company, please list the designated principal officer on question #20 - The President, Vice -President, Secretary and Treasurer must be accounted for on question #20 (Include ownership percentage if applicable) ownership percentage disclosed here does not total 100%, applicant must check this box: Applicant affirms that no individual other than these disclosed herein, owns 10% or more of the applicant, and does not have ownership in a prohibited liquor license pursuant to Title 47 or 48, C.R.S. I declare I also Beer Oath Of Applicant under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best of my knowledge. acknowledge that it is my responsibility and the responsibility of my agents and employees to comply with the provisions of the Colorado Liquor or Code ich affect my license. Authorize ature Printed Name and Title Own er Ramaglia, Owner Date 9/19/2016 Report and Approval of Local Licensing Authority (City/County) Da application filed with local authority Date of local authority hearing (for new license applicants; cannot be less than 30 days from date of application 12-47-311 (1) C.R.S.) The That and (Check Local • • the aware • Licensing Authority Hereby Affirms that each person required to file DR 8404-I (Individual History Record) has: Been fingerprinted Been subject to background investigation, including NCIC/CCIC check for outstanding warrants local authority has conducted, or intends to conduct, an inspection of the proposed premises to ensure that the applicant is in compliance with, of, liquor code provisions affecting their class of license One) Date of inspection or anticipated date • Will conduct inspection upon approval of state licensing authority El Is the Liquor Licensed Drug Store (LLDS) or Retail Liquor Store (RLS) within 1500 feet of another retail liquor license for off -premises sales in a jurisdiction with a population of > 10,0000? ■ Is the Liquor Licensed Drug Store(LLDS) or Retail Liquor Store (RLS) within 3000 feet of another retail liquor license for off -premises sales in a jurisdiction with a population of < 10,0000? NOTE —The distance shall be determined by a radius measurement that begins at the principal doorway of the LLDS/RLS premises for which the application is being made and ends at the principal doorway of the Licensed LLDS/RLS. Yes No 0 0 Ei is The foregoing application has been examined; and the premises, business to be conducted, and character of the applicant are satisfactory. We do report that such license, if granted, will meet the reasonable requirements of the neighborhood and the desires of the adult inhabitants, and will comply with the provisions of Title 12, Article 46 or 47, C.R.S. Therefore, this application is approved. Local Licensing Authority for Telephone Number • El Town, City County Signature Print Title Date Signature Print Title Date 4 WELD COUNTY APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES DATE: 9/ @I / t G License fee of $25.00, payable to Weld County Clerk to the Board, P.O. Box 758, Greeley, Colorado 80632, is hereby tendered and application is hereby made for a license to conduct a public dance hall, booth or pavilion, where two or more public dances are held, for the calendar year 2016, or portion thereof. The undersigned hereby makes application for a County Dance Hall License, under the provisions of Chapter 12, Article VI, of the Weld County Code, and Title 12, Article 18, C.R.S., and for that purpose makes the following answers to the questions contained in this application. Every question must be answered. Any false answer or statement made by the applicant constitutes perjury and the person making such statements subjects any license issued herein to revocation. 1. List the name and address of applicant. (If application is by a partnership, give names and address of all partners. If application is by a corporation, give names and address of all officers.) NAME ADDRESS RNR, LLC DBA McCarty's at Eaton Country Club 37661 County Road 39, Eaton, CO 80615 EMAIL ADDRESS: mccartys39ecc@gmail.com 2. Trade Name (If any) Telephone No. McCarty's at Eaton Country Club (970)454-2106 3. List EXACT date(s) dances will be held 9/ar/aoto7nd t / o IC, 4. ADDRESS OF PLACE TO HAVE LICENSE: (Do not use legal description, please use street address.) 37661 County Road 39, Eaton, CO 80615 M:\CTB\LIQUOR\Dance Hall\2016\Forms\Dance License Application 2016.doc Revised 4/28/2016 DR 8404-I (08/10/16) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division (303) 205-2300 Individual History Record To be completed by the following persons, as applicable: sole proprietors; general partners regardless of percentage ownership, and limited partners owning 10% or more of the partnership; all principal officers of a corporation, all directors of a corporation, and any stockholder of a corporation owning 10% or more of the outstanding stock; managing members or officers of a limited liability company, and members owning 10% or more of the company; and any intended registered manager of Hotel and Restaurant, Tavern and Lodging and Entertainment class of retail license Notice: This individual history record requires information that is necessary for the licensing investigation or inquiry. All questions must be answered in their entirety or the license application may be delayed or denied. If a question is not applicable, please indicate so by "N/A". Any deliberate misrepresentation or material omission may jeopardize the license application. (Please attach a separate sheet if necessary to enable you to answer questions completely) 1. Name of Business RNR, LLC, DBA McCarty's at Eaton Country Club Home Phone Number N/A Cellular Number 970-685-7680 2. Your Full Name (last, first, middle) Ramaglia, William John 3. List any other names you have used N/A 4. Mailing address (if different from residence) 1561 Pelican Lake Place, Windsor, CO 80550 Email Address mccartys39ecc@gmail.com 5. List current residence address. Include any previous addresses within the last five years. (Attach separate sheet if necessary) Street and Number City, State, Zip From To Current 1561 Pelican Lake Place Windsor, CO 80550 07/01/09 09/21/16 Previous 6. List all employment within the last five years. Include any self-employment. (Attach separate sheet if necessary) Name of Employer or Business Address (Street, Number, City, State, Zip) Position Held From To RNR LLC DBA Outback Pub/Grill 7309 W. 4th Street, Greeley, CO 80634 Owner 03/01/08 09/21/16 7. List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry. Name of Relative Relationship to You Position Held Name of Licensee N/A 8. Have you ever applied for, held, or had an interest in a Colorado Liquor or Beer License, or loaned money, furniture, fixtures, equipment or inventory to any licensee? (If yes, answer in detail.) 0 Yes ❑ No I am the current and sole owner of RNR, LLC, DBA Outback Pub and Grill in Greeley, CO. The liquor license number is 4257630000. 9. Have you ever received a violation notice, suspension, or revocation for a liquor law violation, or have you Yes applied for or been denied a liquor or beer license anywhere in the United States? (If yes, explain in detail.) 0 No N/A 10. Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited bail for any offense in criminal or military court or do you have any charges pending? (If yes, explain in detail.) ❑ Yes X No 11. Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of a Yes deferred sentence? (If yes, explain in detail.) ❑ X No 12. Have you ever had any professional license suspended, revoked, or denied? (If yes, explain in detail.) ❑ Yes O No Personal and Financial Information Unless otherwise provided by law, the personal information required in question #13 will be treated as confidential. The personal information required in question #13 is solely for identification purposes. 13a. Date of Birth b. Social Security Number c. Place of Birth New York City, NY d. U.S. Citizen ►I Yes ❑ No e. If Naturalized, state where N/A f. When N/A g. Name of District Court N/A h. Naturalization Certificate Number N/A i. Date of Certification j. If an Alien, GiveAlien's Registration Card Number N/A k. Permanent Residence Card Number N/A I. Height 5"10 m. Weight 180 n. Hair Color Black o. Eye Color Brown p. Gender Male q. Race White r. Do O you have a current Driver's License/ID? If so, give number and state. Yes ❑ No # 14. Financial Information. a. Total purchase price or investment being made by the applying entity, corporation, partnership, limited liability company, other. $ 0.00 b. List the total amount of the personal investment , made by the person listed on question #2, in this business including any notes, loans, cash, services or equipment, operating capital, stock purchases or fees paid. $ 3,00.00 * If corporate investment only please skip to and complete section (d) ** Section b should reflect the total of sections c and e c. Provide details of the personal investment described in 14b. You must account for all of the sources of this investment. (Attach a separate sheet if needed) Type: Cash, Services or Equipment Account Type Bank Name Amount Cash Checking Wells Fargo $3,000.00 d. Provide details of the corporate investment described in 14 (a). You must account for all of the sources of this investment. (Attach a separate sheet if needed) Type: Cash, Services or Equipment Loans Account Type Bank Name Amount N/A e. Loan Information (Attach copies of all notes or loans) Name of Lender Address Term Security Amount N/A Oath of Applicant I declare under penalty of perjury that this application and all attachments are true, correct, and complete to the best of my knowledge. Authoriz ' nature Print Signature William Ramaglia Title Owner Date 09/19/16 Dear Sir or Madam, I am writing this reference for Bill Ragmalia, who is applying for a liquor license so that he can open another restaurant I am Max Barber I worked for Bill when I was a dishwasher and cook for eight years. I went on to manage corporate restaurants18 years. Billy has been in the restaurant business for over 50 years, operating his own restaurants for almost 40 years. Billy is one of the most qualified individuals to hold a liquor license. His knowledge of the code is above most. He is accountable, observes, and upholds everything applicable to his liquor license. Additionally, Billy is a business -minded individual that has donated thousands of dollars to local charities. Thank you for your consideration, P\\a6LIIIIL Max Barber 720-255-9432 03 N TR yo EATON COUNTRY CLUB 2 r �' a' PO Box 240 • Eaton, CO 80615 Phone 970-454-2106 Fax 970-454-3095 ommeiNIMP www.eatoncountryclub.com September 19th, 2016 Erin M. Mohn-Miyler erinmPeatoncc.net To whom it may concern; I am writing this letter in reference to Billy Ramaglia, restauranteur. I believe he is a qualified candidate for a liquor license because he is a responsible and experienced food and beverage provider and has been for many years. Recently Billy began working with me on a new venture. In this time, I have seen him demonstrate the ability to make wise and educated choices concerning all aspects of food and beverage management. Billy strives to provide excellent service and products in a responsible and legal manner. I personally believe he is qualified to oversee our facility and will effectively execute the enforcement of Colorado's liquor laws. Sincerely, Erin M. Mohn-Miyler Go3 N T k EATON COUNTRY CLUB z r - O PO Box 240 • Eaton, CO 80615 ..? Phone 970-454-2106 Fax 970-454-3095 isemmosP www.eatoncountryclub.com Monday, September 19, 2016 To whom it may concern, This letter is in regards to the Eaton Country Club's Liquor License. My name is Kyle Merritt; I am currently the Director of Operations with the Eaton Country Club. I am writing to respectfully request that William Ramaglia be added to the Liquor License. Mr. Ramaglia is a well-known and well respected member of our community. I believe that Mr. Ramaglia will provide guidance and adhere to the specific need of the Club regarding the Liquor License. William Ramaglia has provided structure for the betterment of the Club and is willing to teach with integrity and attentiveness specific policies and regulations to the staff here at the Eaton Country Club. Mr. Ramaglia has provided numerous trainings and guidance to the employees of the restaurant that have improved the safety of our employees and as well as our customers. It is my strong opinion that Mr. Ramaglia is more than qualified and is capable to direct and regulate the liquor service here at the Eaton Country Club. I enthusiastically recommend William Ramaglia to be added to the liquor license. I have every confidence that he will not only regulate the consumption of alcohol, but do so in a professional, and safe manner. Please do not hesitate to contact me if you should have any questions regarding this matter. Warm regards, Kyle Merritt Director of Operations The Eaton Country Club 970-454-2066 kylem@eatoncc.net Bill Ramaglia 1561 Pelican Lake Place Windsor, CO 80550 (970) 685-7680 September 19, 2016 To Whom it May Concern, I am the sole owner of R & R, LLC, DBA Outback Pub and Grill in Greeley, CO. I own 100% of the LLC and the restaurant. The current liquor license number for Outback Pub and Grill is #42576300000. If you have any further questions, please do not hesitate to contact me. Sincere regards, X Bill Ramaglia DR 8442 (08/10/16) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division Denver, CO 80261 (303)-205-2300 Permit Application and Report of Changes FOR DEPARTMENT USE ONLY Current License Number 14088390000 All Answers Must Be Printed in Black Ink or Typewritten Local License Fee $ 75.00 1. Applicant is a ■ Corporation • Individual • Partnership 'I Limited Liability Company Present License Number 1408839000 (Transfer App Pending) 2. Name of Licensee RNR, LLC 3. Trade Name McCarty's at Eaton Country Club 4.Location Address 37661 County Road 39 City Eaton County Weld ZIP 80615 SELECT THE APPROPRIATE SECTION BELOW AND PROCEED TO THE INSTRUCTIONS ON PAGE 2. Section A — Manager reg/change Section C • LicenseAccount No. 14088390000 (Transfer App Pending) • Retail Warehouse Storage Permit (ea) $100.00 • Wholesale Branch House Permit (ea) 100.00 ❑ Change Corp. or Trade Name Permit (ea) 50.00 II Change Location Permit (ea) 150.00 • Change, Alter or Modify Premises $150.00 x !� Manager's Registration (Hotel & Restr.) $75.00 • Manager's Registration (Tavern) $75.00 • Manager's Registration (Lodging & Entertainment) $75.00 • Change of Manager (Other Licenses pursuant to section 12-47- 301(8), C.R.S.) NO FEE Total Fee • Addition of Optional Premises to Existing H/R $100.00 x Section B — Duplicate License • Liquor License No. Total Fee ❑ Addition of Related Facility to Resort Complex $75.00 x ❑ Duplicate License $50.00 Total Fee Do Not Write in This Space — For Department of Revenue Use Only Date License Issued License Account Number Period The State may convert your check to a one time electronic banking transaction. Your bank account TOTAL 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 AMOUNT DUE of Revenue may collect the payment amount directly from your bank account electronically. $ .00 DR 8442 (08/10/16) Page 2 Instruction Sheet For All Sections, Complete Questions 1-4 Located on Page 1 Section A To Register or Change Managers, check the appropriate box in section A and complete question 8 on page 4. Proceed to the Oath of Applicant for signature. Section B For a Duplicate license, be sure to include the liquor license number in section B on page 1 and proceed to page 4 for Oath of Applicant signature. Section C Check the appropriate box in section C and proceed below. 1) For a Retail Warehouse Storage Permit, go to page 3 complete question 5 (be sure to check the appropriate box). Submit the necessary information and proceed to page 4 for Oath of Applicant signature. 2) Fora Wholesale Branch House Permit, go to page 3 and complete question 5 (be sure to check the appropriate box). Submit the necessary information and proceed to page 4 for Oath of Applicant signature. 3) To Change Trade Name or Corporation Name, go to page 3 and complete question 6 (be sure to check the appropriate box). Submit the necessary information and proceed to page 4 for Oath of Applicant signature. 4) To modify Premise, go to page 4 and complete question 9. Submit the necessary information and proceed to page 4 for Oath of Applicant signature. 5) For Optional Premises or Related Facilities go to page 4 and complete question 9. Submit the necessary information and proceed to page 4 for Oath of Applicant signature. 6) To Change Location, go to page 3 and complete question 7. Submit the necessary information and proceed to page 4 for Oath of Applicant signature. DR 8442 (08/10/16) Page 3 Storage Permit 5. Retail Warehouse Storage Permit or a Wholesalers Branch House Permit etc.) • Retail Warehouse Permit for: ❑ On —Premises Licensee (Taverns, Restaurants • Off —Premises Licensee (Liquor stores) • Wholesalers Branch House Permit Address of storage premise: City , County , Zip Attach a deed/ lease or rental agreement for the storage premises. Attach a detailed diagram of the storage premises. Change Trade Name or Corporate Name 6. Change of Trade Name or Corporation Name supporting documents) of State, or of State, and • Change of Trade name / DBA only • Corporate Name Change (Attach the following 1. Certificate of Amendment filed with the Secretary 2. Statement of Change filed with the Secretary 3. Minutes of Corporate meeting, Limited Liability Members meeting, Partnership agreement. Old Trade Name New Trade Name Old Corporate Name New Corporate Name Change of Location 7. Change of Location NOTE TO RETAIL LICENSEES: An application to change location has a local application fee of $750 payable to your local licensing authority. You may only change location within the same jurisdiction as the original license that was issued. Pursuant to 12-47- 311 (1) C.R.S. Your application must be on file with the local authority thirty (30) days before a public hearing can be held. Date filed with Local Authority Date of Hearing (a) Address of current premises City County Zip (b) Address of proposed New Premises (Attach copy of the deed or lease that establishes possession of the premises by the licensee) Address City County Zip (c) New mailing address if applicable. Address City County State Zip (d) Attach detailed diagram of the premises showing where the alcohol beverages will be stored, served, possessed or consumed. Include kitchen area(s) for hotel and restaurants. DR 8442 (08/10/16) Page 4 Modify Premises or Addition of Optional Change of Manager Premises or Related Facility 8. Change of Manager or to Register the Manager of a Tavern, Hotel and Restaurant, Lodging & Entertainment liquor license or licenses pursuant to section 12-47-301(8). (a) Change of Manager (attach Individual History DR 8404-I H/R, Tavern and Lodging & Entertainment only) Former manager's name ERIN M. MOHN-MIYLER New manager's name PAUL T. SPECK (b) Date of Employment OCTOBER 5, 2016 establishment? other liquor licensed establishment? Has manager ever managed a liquor licensed Does manager have a financial interest in any If yes, give name and location of establishment Yes ■ No Z Yes ■ No (Z 9. Modification of Premises, Addition of an Optional Premises, or Addition of Related Facility NOTE: Licensees may not modify or add to their licensed premises until approved by state and local authorities. (a) Describe change proposed (b) If the modification is temporary, when will the proposed change: Start (mo/day/year) End (mo/day/year) of any public or campus of any NOTE: THE TOTAL STATE FEE FOR TEMPORARY MODIFICATION IS $300.00 (c) Will the proposed change result in the licensed premises now being located within 500 feet private school that meets compulsory education requirements of Colorado law, or the principal college, university or seminary? (If yes, explain in detail and describe any exemptions that apply) (d) Is the proposed change in compliance with local building and zoning laws? (e) If this modification is for an additional Hotel and Restaurant Optional Premises or Resort Facility, has the local authority authorized by resolution or ordinance the issuance of optional (f) Attach a diagram of the current licensed premises and a diagram of the proposed changes licensed premises. (g) Attach any existing lease that is revised due to the modification. Yes ■ No ❑ Yes ■ No ❑ Complex Related premises? Yes ❑ No ❑ for the Oath of Applicant I declare under penalty of perjury in the second degree that I have read the foregoing application and all attachments thereto, and that all information therein is true, correct, and complete to the best of my knowledge Signature PG4li Gizzo. Title pull aye( Date 4'4'4 Report and Approval of LOCAL Licensing Authority (CITY / COUNTY) The foregoing application has been examined and the premises, business conducted and character of the applicant is satisfactory, and we do report that such permit, if granted, will comply with the applicable provisions of Title 12, Articles 46 and 47, C.R.S., as amended. Therefore, This Application is Approved. Local Licensing Authority (City or County) Date filed with Local Authority 9-16-16 Signature Title Date Report of STATE Licensing Authority The foregoing has been examined and complies with the filing requirements of Title 12, Article 47, C.R.S., as amended. Signature Title Date DR 8404-I (08/10/16) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division (303) 205-2300 Individual History Record To be completed by the following persons, as applicable: sole proprietors; general partners regardless of percentage ownership, and limited partners owning 10% or more of the partnership; all principal officers of a corporation, all directors of a corporation, and any stockholder of a corporation owning 10% or more of the outstanding stock; managing members or officers of a limited liability company, and members owning 10% or more of the company; and any intended registered manager of Hotel and Restaurant, Tavern and Lodging and Entertainment class of retail license Notice: This individual history record requires information that is necessary for the licensing investigation or inquiry. All questions must be answered in their entirety or the license application may be delayed or denied. If a question is not applicable, please indicate so by "N/A". Any deliberate misrepresentation or material omission may jeopardize the license application. (Please attach a separate sheet if necessary to enable you to answer questions completely) 1. Name of Business RNR LLC DBA MCCARTY'S AT EATON COUNTRY CLUB Home Phone Number N/A Cellular Number 970-302-1365 2. Your Full Name (last, first, middle) SPECK, PAUL THOMAS 4. Mailing address (if different from residence) 2010 46TH AVE, UNIT 51, GREELEY, CO 80634 5. List current residence address. Include any previous addresses within the last five years. (Attach separate sheet if necessary) 3. List any other names you have used N/A Email Address MAGICMAGIC245@GMAIL.COM Street and Number City, State, Zip From To Current 2010 46TH AVE, UNIT 51 Previous 4217 W. 22ND ST GREELEY, CO 80634 10/01/13 10/01/16 GREELEY, CO 80634 03/01/11 10/01/13 6. List all employment within the last five years. Include any self-employment. (Attach separate sheet if necessary) Name of Employer or Business Address (Street, Number, City, State, Zip) Position Held From To RNR LLC DBA OUTBACK PUB 7309 W 4TH ST, GREELEY, CO 80634 ASST MNGR 07/01/15 09/30/16 M&O TIRES 2525 8TH AVE, GREELEY, CO 80631 TIRE TECH 03/30/11 02/01/15 7. List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry. Name of Relative Relationship to You Position Held Name of Licensee N/A 8. Have you ever applied for, held, or had an interest in a Colorado Liquor or Beer License, or loaned money, furniture, fixtures, equipment or inventory to any licensee? (If yes, answer in detail.) N/A ❑ Yes ►1 No 9. Have you ever received a violation notice, suspension, or revocation for a liquor law violation, or have you applied for or been denied a liquor or beer license anywhere in the United States? (If yes, explain in detail.) N/A ❑Yes ®No 10. Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited bail for any offense in criminal or military court or do you have any charges pending? (If yes, explain in detail.) X Yes ❑ No PLEASE SEE ATTACHED FORM 11. Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of a Yes deferred sentence? (If yes, explain in detail.) ❑ X No 12. Have you ever had any professional license suspended, revoked, or denied? (If yes, explain in detail.) ■ Yes 0 No Personal and Financial Information Unless otherwise provided by law, the personal information required in question #13 will be treated as confidential. The personal information required in question #13 is solely for identification purposes. 13a. Date of Birth b. Social Security Number c. Place of Birth LINCOLN, NB d. U.S. Citizen 0 Yes ❑ No e. If Naturalized, state where N/A f. When N/A g. Name of District Court N/A h. Naturalization Certificate Number N/A i. Date of Certification j. If an Alien, GiveAlien's Registration Card Number N/A k. Permanent Residence Card Number N/A I. Height 5"10 m. Weight 150 n. Hair Color BROWN o. Eye Color BROWN p. Gender MALE q. Race WHITE r. ►5 Do you have a current Driver's License/ID? If so, give number and state. Yes ❑ No # 14. Financial Information. a. Total purchase price or investment being made by the applying entity, corporation, partnership, limited liability company, other. $ 0.00 b. List the total amount of the personal investment , made by the person listed on question #2, in this business including any notes, loans, cash, services or equipment, operating capital, stock purchases or fees paid. $ 0.00 * If corporate investment only please skip to and complete section (d) ** Section b should reflect the total of sections c and e c. Provide details of the personal investment described in 14b. You must account for all of the sources of this investment. (Attach a separate sheet if needed) Type: Cash, Services or Equipment Account Type Bank Name Amount N/A d. Provide details of the corporate investment described in 14 (a). You must account for all of the sources of this investment. (Attach a separate sheet if needed) Type: Cash, Services or Equipment Loans Account Type Bank Name Amount N/A e. Loan Information (Attach copies of all notes or loans) Name of Lender Address Term Security Amount N/A Oath of Applicant I declare under penalty of perjury that this application and all attachments are true, correct, and complete to the best of my knowledge. A orized nature Si� P Pri Signature Yak 1 5Pe CK Title /4,4, aq,cr Date 9 -/G -lb PAUL T. SPECK 2010 46TH AVE, UNIT 51 GREELEY, CO 80634 970-302-1365 MAGICMAGIC245PGMAIL.COM September 16, 2016 To Whom it May Concern, I was convicted of two DUI's within a four month time period in 2010. The court combined the two offenses into one sentencing. I completed alcohol training, was compliant with all alcohol monitoring, I paid all court and probation fees, and completed community service. At the time of incident, I was under extreme personal stress, and allowed that to affect my behavior. After I sought help and completed all classes, I was blessed to have been able to correct my life trajectory. I realize the potential ramifications my actions held, and now that I am the father of two beautiful children, I have made amends to the community through volunteer opportunities with my Church. Sincerely, fa4- 5,tae-64— Paul T. Speck Dear Sir or Madam, I am writing this reference for Paul Speck, who is applying for a liquor license so that he can open his own restaurant I am Max Barber kitchen manager at Outback R&P, an establishment in Greeley Colorado. Paul was a manager/bartender/server at Outback for one year and during that time was an exemplary and responsible employee. During Paul's time as an employee at Outback, I found him to be punctual, efficient and calm under the stress of pressure. He regularly arrived early to perform his duties, always checked the I.D.s of customers ordering alcoholic beverages, and organized items quickly and efficiently. Additionally, Paul is a cheerful, friendly and business -minded individual. I was sorry to see him go, but he will make an excellent owner and manager for his new establishment. Thank you for your consideration, Max Barber 720-255-9432 2 O^Yo EATON COUNTRY CLUB 12. O PO Box 240 • Eaton, CO 80615 o> Phone 970-454-2106 Ali Fax 970-454-3095 1ior www.eatoncountryclub.com September 19th, 2016 Erin M. Mohn-Miyler erinm@eatoncc.net To whom it may concern; I am writing this letter in reference to Paul Speck, restauranteur. I believe he is a qualified candidate for a liquor license because he is a responsible and experienced food and beverage operator. I was introduced to Paul recently, and we started on a new venture. In this time, I have seen him demonstrate the ability to make wise and educated choices concerning all aspects of food and beverage management. Paul works diligently to provide excellent service and products in a responsible and legal manner. I personally believe he is qualified to oversee our facility and will effectively execute the enforcement of Colorado's liquor laws. Sincerely, Erin M. Mohn-Miyler o\NTRyC� EATON COUNTRY CLUB 2 �1 ' 2. PO Box 240 • Eaton, CO 80615 Phone 970-454-2106 Fax 970-454-3095 isiiimmr• www.eatoncountryclub.com Monday, September 19, 2016 To whom it may concern, This letter is in regards to the Eaton Country Club's Liquor License. My name is Kyle Merritt; I am currently the Director of Operations with the Eaton Country Club. I am writing to respectfully request that Paul Speck be added to the Liquor License. Mr. Speck is a well-known and well respected member of our community and a member of our team. His knowledge of State Regulations and expertise in the Food and Beverage Service is a huge advantage for our entire Club. Mr. Speck has put this skillset to work in order to meet our customers' needs and teach our staff in areas of regulations and policy. Paul Speck has demonstrated professionalism and integrity when working with customers and staff Mr. Speck has provided numerous trainings and guidance to the employees of the restaurant that have improved the safety of our employees and as well as our customers. Without a doubt, I confidently announce that Paul Speck is more than qualified and is capable of directing and regulating the liquor service here at the Eaton Country Club. I enthusiastically recommend Paul Speck to be added to the liquor license. I have every confidence that he will not only regulate the consumption of alcohol, but do so in a professional, and safe manner. Please do not hesitate to contact me if you should have any questions regarding this matter. Warm regards, Kyle Merritt Director of Operations The Eaton Country Club 970-454-2066 kylem@eatoncc.net COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division 1375 Sherman St, Denver CO 80261 September, 2005 AFFIDAVIT OF TRANSFER AND STATEMENT OF COMPLIANCE Pursuant to the requirements of 12-47-303(3)(b), Colorado Revised Statutes, Licensee hereby states that all accounts for alcohol beverages sold to the Applicant are: ❑ Paid in full. There are no outstanding accounts with any Colorado Wholesalers. ❑ Licensee hereby certifies that the following is a complete list of accounts for alcohol beverages that are unpaid: Licensee and Applicant agree that all accounts will be paid for from the proceeds at closing by the: ID Licensee DApplicant ❑ Licensee unavailable to certify disposition of accounts for alcohol beverages - Inventory list attached. Transfer by operation of law - Regulation 47-304. ❑ Applicant will assume full responsibility for payment of the outstanding accounts as listed above. El No alcohol beverage inventory transferred or sold. Licensee hereby authorizes the transfer of its Colorado Retail Liquor License to the Applicant, its agent, or a company, corporation, partnership or other business entity to be formed by the Applicant. � Dated this /7 day of J -4—L, 20 Seller: Licensee & License Number Trad S'-n.ture Buyer: Applicant NUAO 4t, -47 J Trade na r Position tsy Print Name Sign.. ure Position Li)/ I- /1(141 4hIgdfrirk Print Name OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE OF FACT OF TRADE NAME I, Wayne W. Williams , as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, a Statement of Trade Name for: McCarty's @ Eaton CC (Entity ID # 20161540879 ) was filed in this office on 08/10/2016 with an effective date of 08/10/2016 . This certificate reflects facts established or disclosed by documents delivered to this office on paper through 09/16/2016 that have been posted, and by documents delivered to this office electronically through 09/19/2016 @ 13:47:45 . I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued this official certificate at Denver, Colorado on 09/19/2016 @ 13:47:45 in accordance with applicable law. This certificate is assigned Confirmation Number 9842131 Secretary of State of the State of Colorado *********************************************End of Certificate******************************************* Notice.- A certificate issued electronically from the Colorado Secretary of State 's Web site is fully and immediately valid and effective. However, as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the Validate a Certificate page of the Secretary of State's Web site, http://www.sos.state.co.us/biz/CertificateSearchCriteria.do entering the certificate's confirmation number displayed on the certificate, and following the instructions displayed. Confirming the issuance of a certificate is merely optional and is not necessary to the valid and effective issuance of a certificate. For more information, visit our Web site, http://www.sos.state.co.us/ click "Businesses, trademarks, trade names" and select "Frequently Asked Questions." -Felted Document must be filed electronically. Paper documents are not accepted. Fees & forms are subject to change. For more information or to print copies of filed documents, visit www.sos.state.co.us. Colorado Secretary of State Date and Time: 08/31/2016 03:02 PM ID Number: 20161540879 Document number: 20161596063 Amount Paid: $10.00 ABOVE SPACE FOR OFFICE USE ONLY Statement of Correction of Trade Name Information Correcting the Trade Name filed pursuant to § 7-90-305 of the Colorado Revised Statutes (C.R.S.) 1. The entity -ID number, if applicable, the trade name ID number, and the name of the person transacting business or conducting activities under the trade name are Entity ID number 20071526499 (tf applicable) (Colorado Secretary of State ID number) Trade name ID number 20161540879 (Colorado Secretary of State ID number) RnR LLC DBA The Outback Restaurant & Pub @ Boomerang Links Name 2. The document number of the document that is corrected and the trade name as stated in the statement of trade name are Document number 20161540879 Trade name DBA Raffs @ Eaton CC 3. The statement of the trade name in the document identified above is incorrect. 4. Such trade name, as corrected, is McCarty's @ Eaton CC 5. (If applicable, adopt the following statement by marking the box and include an attachment.) n This document contains additional information as provided by law. Notice: Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that such document is such individual's act and deed, or that such individual in good faith believes such document is the act and deed of the person on whose behalf such individual is causing such document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S. and, if applicable, the constituent documents and the organic statutes, and that such individual in good faith believes the facts stated in such document are true and such document complies with the requirements of that Part, the constituent documents, and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State, whether or not such individual is identified in this document as one who has caused it to be delivered. CORRECT_TDNM_NAME Page 1 of 2 Rev. 12/01/2012 6. The true name and mailing address of the individual causing this document to be delivered for filing are Allen Roxi (Last) 526 Maple Ave (First) (Middle) (Suffix) (Street number and name or Post Office Box information) Eaton CO 80615 (City) (Province — if applicable) (State) (Zip/Postal Code) United States . (Country — if not US) (If applicable, adopt the following statement by marking the box and include an attachment.) nThis document contains the true name and mailing address of one or more additional individuals causing the document to be delivered for filing. Disclaimer: This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice, and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should be addressed to the user's legal, business or tax advisor(s). CORRECT_TDNM_NAME Page 2 of 2 Rev. 12/01/2012 OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE OF FACT OF GOOD STANDING I, Wayne W. Williams, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, RnR LLC DBA The Outback Restaurant & Pub @ Boomerang Links is a Limited Liability Company formed or registered on 11/16/2007 under the law of Colorado, has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number 20071526499 . This certificate reflects facts established or disclosed by documents delivered to this office on paper through 09/16/2016 that have been posted, and by documents delivered to this office electronically through 09/19/2016 @ 13:45:41 . I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued this official certificate at Denver, Colorado on 09/19/2016 @ 13:45:41 in accordance with applicable law. This certificate is assigned Confirmation Number 9842124 Secretary of State of the State of Colorado *********************************************End of Certificate******************************************* Notice: A certificate issued electronically from the Colorado Secretary of State's Web site is fully and immediately valid and effective. However, as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the Validate a Certificate page of the Secretary of State's Web site, http://www.sos.state.co.us/biz/CertificateSearchCriteria.do entering the certificate's confirmation number displayed on the certificate, and following the instructions displayed Confirming the issuance of a certificate is merely optional and is not necessary to the valid and effective issuance of a certificate. For more information, visit our Web site, http:// www.sos.state.co.us/ click "Businesses, trademarks, trade names" and select "Frequently Asked Questions." Document processing fee If document is filed on paper If document is filed electronically Fees & forms/cover sheets are subject to change. To file electronically, access instructions for this form/cover sheet and other information or print copies of filed documents, visit www.sos.state.co.us and select Business Center. Paper documents must be typewritten or machine printed. -Filed $125.00 $ 25.00 Colorado Secretary of State Date and Time: 11/16/2007 10:44 AM Id Number: 20071526499 Document number: 20071526499 ABOVE SPACE FOR OFFICE USE ONLY Articles of Organization filed pursuant to §7-90-301, et seq. and §7-80-204 of the Colorado Revised Statutes (C.R.S) 1. Entity name: 2. Use of Restricted Words (f any of these terms are contained in an entity name, true name of an entity, trade name or trademark stated in this document, mark the applicable box): RnR LLC (The name of a limited liability company must contain the term or abbreviation "limited liability company", "ltd. liability company", "limited liability co.", "ltd liability co.", "limited", "llc", "tic.", or "ltd" §7-90-601, CRS.) O "bank" or "trust" or any derivative thereof O "credit union" ❑ "savings and loan" ❑ "insurance", "casualty", "mutual", or "surety" 3. Principal office street address: 101 Rock Bridge Drive 4. Principal office mailing address (if different from above): (Street name and number) Windsor CO 80550 (City) (State (Postal/Zip Code) United States (Province — if applicable) (Country — if not US) (Street name and number or Post Office Box information) (City) (State) (Postal/Zip Code) (Province — if applicable) (Country — if not US) 5. Registered agent name (if an individual): Ronald Soto (Last) (First) (Middle) (Suffix) OR (if a business organization): 6. The person identified above as registered agent has consented to being so appointed. 7. Registered agent street address: 101 Rock Bridge Drive (Street name and number) Windsor CO 80550 (City) (State) (Postal/Zip Code) ARTORG_LLC Page 1 of 3 Rev. 11/16/2005 8. Registered agent mailing address (if different from above): (Street name and number or Post Office Box information) (City) (State) (Postal/Zip Code) (Province — if applicable) (Country — if not US) 9. Name(s) and mailing address(es) of person(s) forming the limited liability company: (if an individual) Soto OR (if a business organization) (if an individual) Ronald (Last) (First) (Middle) (Suffix) 101 Rock Bridge Drive (Street name and number or Post Office Box information) Windsor CO 80550 (City) U n i' e& States (Postal/Zip Code) (Province - if applicable) (Country - if not US) (Last) (First) (Middle) (Suffix) OR (if a business organization) (if an individual) (Street name and number or Post Office Box information) (City) Li( tat States (Postal/Zip Code) ra& (Province - if applicable) (Country - if not US) (Last) (First) (Middle) (Suffix) OR (if a business organization) (Street name and number or Post Office Box information) (City) nag (Postal/Zip Code) Unec States (Province - if applicable) (Country - if not US) (If more than three persons are forming the limited liability company, mark this box ❑ and include an attachment stating the true names and mailing addresses of all additional persons forming the limited liability company) 10. The management of the limited liability company is vested in managers ❑ OR is vested in the members 0 11. There is at least one member of the limited liability company. ARTORG LLC Page 2 of 3 Rev. 11/16/2005 12. (Optional) Delayed effective date: (mm/dd/yyyy) 13. Additional information may be included pursuant to other organic statutes such as title 12, C.R.S. If applicable, mark this box El and include an attachment stating the additional information. Notice: Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the secretary of state, whether or not such individual is named in the document as one who has caused it to be delivered. 14. Name(s) and address(es) of the individual(s) causing the document to be delivered for filing: Soto Ronald (Last) (First) 101 Rock Bridge Drive (Middle) (Suffix) (Street name and number or Post Office Box information) Windsor (City) CO 80550 U rfi `d States (Postal/Zip Code) (Province - if applicable) (Country - if not US) (The document need not state the true name and address of more than one individual. However, if you wish to state the name and address of any additional individuals causing the document to be delivered for filing, mark this box ❑ and include an attachment stating the name and address of such individuals.) Disclaimer: This form, and any related instructions, are not intended to provide legal, business or tax advice, and are offered as a public service without representation or warranty. While this form is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form. Questions should be addressed to the user's attorney. ARTORG LLC Page 3 of 3 Rev. 11/16/2005 Document must be filed electronically Paper documents will not be accepted. Document processing fee Fees & forms/cover sheets are subject to change. To access other information or print copies of filed documents, visit www.sos.state.co.us and select Business Center. 1 -Filed Colorado Secretary of State Date and Time: 10/06/2009 12:02 PM ID Number: 20071526499 Document number: 20091529238 $10.00 Amount Paid: $10.00 ABOVE SPACE FOR OFFICE USE ONLY Statement of Change Changing the Registered Agent Information filed pursuant to § 7-90-305.5 and § 7-90-702 of the Colorado Revised Statutes (C.R.S.) The entity ID number and the entity name, or, if the entity does not have an entity name, the true name are 20071526499 Entity ID number Entity name or True name (Colorado Secretary of State ID number) RnR LLC 2. (If applicable, adopt the following statement by marking the box and enter all changes.) Q The registered agent name has changed. Such name, as changed, is Name (if an individual) Ramaglia OR (if an entity) (Last) William (First) John (Middle) (Suffix) (Caution: Do not provide both an individual and an entity name.) (The following statement is adopted by marking the box.) n The person appointed as registered agent has consented to being so appointed. 3. (If applicable, adopt the following statement by marking the box and enter all changes.) ❑✓ The registered agent address of the registered agent has changed. Such address, as changed, is Street address 1561 Pelican Lakes Point (Street number and name) Windsor (City) co 80550 (State) (ZIP Code) CHANGE_ RA Page 1 of 3 Rev. 4/10/2009 Mailing address (leave blank if same as street address) (Street number and name or Post Office Box information) (City) CO (State) (ZIP Code) 4. (If applicable, adopt the following statement by marking the box.) ❑✓ The person appointed as registered agent has delivered notice of the change to the entity. 5. (If applicable, adopt the following statement by marking the box and include an attachment.) ❑ This document contains additional information as provided by law. 6. (Caution: Leave blank if the document does not have a delayed effective date. Stating a delayed effective date has significant legal consequences. Read instructions before entering a date.) (If the following statement applies, adopt the statement by entering a date and if applicable, time using the required format.) The delayed effective date and, if applicable, time of this document are (mm/dd/yyyy hour: minute am/pm) Notice: Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that such document is such individual's act and deed, or that such individual in good faith believes such document is the act and deed of the person on whose behalf such individual is causing such document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S. and, if applicable, the constituent documents and the organic statutes, and that such individual in good faith believes the facts stated in such document are true and such document complies with the requirements of that Part, the constituent documents, and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State, whether or not such individual is identified in this document as one who has caused it to be delivered. 7. The true name and mailing address of the individual causing this document to be delivered for filing are Soto Ronald 101 Rock ridge Drive (First) (Middle) (Suffix) (Street number and name or Post Office Box information) Windsor CO 80550 (City) [Slat (ZIP/Postal Code) United States (Province - if applicable) (Country) (If applicable, adopt the following statement by marking the box and include an attachment.) ❑ This document contains the true name and mailing address of one or more additional individuals causing the document to be delivered for filing. Disclaimer: This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice, and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be CHANGE_ RA Page 2 of 3 Rev. 4/10/2009 amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should be addressed to the user's legal, business or tax advisor(s). CHANGE_ RA Page 3 of 3 Rev. 4/10/2009 Instructions: Please print this document for your records. COLORADO BUSINESS EXPRESS COLORADO DEPT OF REVENUE Thank you for registering with the Colorado Department of Revenue! Your electronic application has been received. You will receive your Sales Tax License and/or Wage Withholding information in the mail in the next 10 business days. You may use this receipt as a temporary Sales Tax License in the interim. Filing Information Your filing information is as follows: Date: Name: Address: 09/19/2016 18:38 RNR LLC 37661 County Road 39 Eaton, CO 80615-9013 Sales Tax Account Number: Sales Tax Filing Frequency: Wage Withholding Account Number: Wage Withholding Filing Frequency: Websites 32875043 $300/month or more (Monthly) 32875043 $1-$6,999/Year - Quarterly State of Colorado: www.colorado.gov Colorado Department of Revenue: www.colorado.gov/revenue Colorado Department of Revenue Online Customer Support Site: revenuestateco.custhelp.com File and pay your sales tax online: www.colorado.gov/RevenueOnline Register to pay by EFT: www.colorado.gov/revenue/eft Please wait 2-3 business days while we validate your registration before attempting to access your account in Revenue Online. You will receive your license(s) in the mail within 10 business days. If you do not already have access to Revenue Online, you may use information from that letter to sign-up. Colorado Business Express PDF Receipt EIN Individual Request - Online Application Page 1 of 1 I EIN Assistant Your Progress: 1. Identity 2. Authenticate 3. Addresses Congratulations! Your EIN has been successfully assigned. EIN Assigned: 81-3893139 Legal Name: MCCARTYS AT EATON CC 4. Details Your confirmation letter will be mailed to you. This letter will be your official IRS notice and will contain important information regarding your EIN. Allow up to 4 weeks for your letter to arrive by mail. We strongly recommend you print this page for your records. Click "Continue" to get additional information about using your new EIN. Continue » 5. EN Confirmation Help Topics 9 Can the EIN be used before the confirmation letter is received? https://sa.www4.irs.gov/modiein/individual/confirmationjsp 9/19/2016 OPERATING AGREEMENT of Rnr LLC This Operating Agreement (the "Agreement") made and entered into this 1st day of February, 2010 (the "Execution Date"), BY: William Ragmalia of R N R L. LC (the "Member"). BACKGROUND: A. The Member wishes to be the sole member of a limited liability company. B. The terms and conditions of this Agreement will govern the Member within the limited liability company. IN CONSIDERATION OF and as a condition of the Member entering into this Agreement and other valuable consideration, the receipt and sufficiency of which is acknowledged, the Member agrees as follows: Formation 1. By this Agreement, the Member forms a Limited Liability Company (the "Company") in accordance with the laws of the State of Colorado. The rights and obligations of the Member will be as stated in the Colorado Limited Liability Company Act (the "Act") except as otherwise provided in this agreement. Name 2. The name of the Company will be rnr LLC. Sole Member 3. While the Company consists only of one Member, any reference in this Agreement to two or more Members and that requires the majority consent or unanimous consent of Members, or that requires Page 1 of 15 a certain percentage vote of Members, should be interpreted as only requiring the consent or vote of the sole Member. Purpose 4. full service restaurant. Term 5. The Company will continue until terminated as provided in this Agreement or may dissolve under conditions provided in the Act. Place of Business 6. The Principal Office of the Company will be located at 7309 west 4th street Greeley, CO 80634 or such other place as the Member may from time to time designate. Capital Contributions 7. The following table shows the Initial Contributions of the Member. The Member agrees to make the Initial Contributions to the Company in full, according to the following terms: Member Contribution Description Value of Contribution William Ragmalia Contribution of operating cost $20,000.00 Allocation of Profits/Losses 8. Subject to the other provisions of this Agreement, the Net Profits or Losses, for both accounting and tax purposes, will accrue to and be borne by the sole Member: William Ragmalia of k N R L L L Page 2 of 15 9. Where the Company consists of two or more Members, no Member will have priority over any other Member for the distribution of Net Profits or Losses. Nature of Interest 10. A Member's interest in the Company will be considered personal property, and will at no time be considered real property. Withdrawal of Contribution 11. Where the Company consists of two or more Members, no Member will withdraw any portion of their Capital Contribution without the unanimous consent of the other Members. Liability for Contribution 12. A Member's obligation to make their required Capital Contribution can only be compromised or released with the consent of all remaining Members or as described elsewhere in this Agreement. If a Member does not make the Capital Contribution when it is due, he is obligated at the option of any remaining Members to contribute cash equal to the agreed value of the Capital Contribution. This option is in addition to and not in lieu of any others rights, including the right to specific performance that the Company may have against the Member. Additional Contributions 13. Capital Contributions may be amended from time to time, according to the business needs of the Company. However if additional capital is determined to be required and an individual Member is unwilling or unable to meet the additional contribution requirement within a reasonable period, and where the Company consists of two or more Members, the remaining Members may contribute in proportion to their existing Capital Contributions to resolve the amount in default. In such case, the allocation of Net Profits or Losses and the distribution of assets on dissociation or dissolution will be adjusted accordingly. 14. Any advance of money to the Company by any Member in excess of the amounts provided for in this Agreement or subsequently agreed to, will be deemed a debt due from the Company rather than an increase in the Capital Contribution of the Member. This liability will be repaid with interest at such rates and times to be determined by a majority of the Members. This liability will Page 3 of 15 not entitle the lending Member to any increased share of the Company's profits nor to a greater voting power. Repayment of such debts will have priority over any other payments to Members. Capital Accounts 15. An individual capital account will be maintained for each Member and their initial Capital Contribution will be credited to this account. Any Additional Contributions made by any Member will be credited to that Member's individual Capital Account. Interest on Capital 16. No borrowing charge or loan interest will be due or payable to any Member on their agreed Capital Contribution inclusive of any agreed Additional Contributions. Management 17. Management of this Company is vested in the Member. Authority to Bind Company 18. Only the following individuals have authority to act for or bind the Company in contract: o William Ragmalia. Duty of Loyalty 19. Any Member may invest in or engage in any business of any type, including without limitation, a business that is similar to the business of the Company whether or not in direct competition with the Company and whether or not within the established or contemplated market regions of the Company. Neither the Company nor any Member will have any right to that opportunity or any income derived from that opportunity. Duty to Devote Time 20. Each Member will devote such time and attention to the business of the Company as the majority of the Members will from time to time reasonably determine for the conduct of the Company business. Member Meetings Page 4 of 15 21. Where the Company consists of two or more Members, a meeting may be called by any Member providing that reasonable notice has been provided to the other Members. 22. Member meetings will be held at any location that the Members may from time to time designate. Voting 23. Where the Company consists of two or more Members, each Member will be entitled to cast votes on any matter based upon the proportion of that Member's Capital Contributions in the Company. Admission of New Members 24. No new Members may be admitted into the Company. Voluntary Withdrawal of a Member 25. The voluntary withdrawal of a Member will result in the dissolution of the Company. 26. It remains incumbent on the withdrawing Member to exercise this dissociation in good faith and to minimize any present or future harm done to the remaining Members as a result of the withdrawal. Involuntary Withdrawal of a Member 27. Where the Company consists of two or more Members, events leading to the involuntary withdrawal of a Member from the Company will include but not be limited to: death of a Member; Member mental incapacity; Member disability preventing reasonable participation in the Company; Member incompetence; breach of fiduciary duties by a Member; criminal conviction of a Member; Operation of Law against a Member or a legal judgment against a Member that can reasonably be expected to bring the business or societal reputation of the Company into disrepute. Expulsion of a Member can also occur on application by the Company or another Member, where it has been judicially determined that the Member: has engaged in wrongful conduct that adversely and materially affected the Company's business; has willfully or persistently committed a material breach of the Operating Agreement or of a duty owed to the Company or to the other Members; or has engaged in conduct relating to the Company's business that makes it not reasonably practicable to carry on the business with the Member. 28. The involuntary withdrawal of a Member will result in the dissolution of the Company. Page 5 of 15 Dissociation of a Member 29. Any remaining Members retain the right to seek damages from a dissociated Member where the dissociation resulted from a malicious or criminal act by the dissociated Member or where the dissociated Member had breached their fiduciary duty to the Company or was in breach of this Agreement or had acted in a way that could reasonably be foreseen to bring harm or damage to the Company or to the reputation of the Company. Assignment of Interest 30. In the event that a Member's interest in the company is transferred or assigned as the result of a court order or Operation of Law, the trustee in bankruptcy or other person acquiring that Member's interest in the Company will only acquire that Member's economic rights and interests and will not acquire any other rights of that Member or be admitted as a Member of the Company or have the right to exercise any management or voting interests. Valuation of Interest 31. Where the Company consists of two or more Members, a Member's financial interest in the Company will be in proportion to their Capital Contributions, inclusive of any Additional Capital Contributions. 32. In the absence of a written agreement setting a value, the value of the Company will be based on the fair market value appraisal of all Company assets (less liabilities) determined in accordance with generally accepted accounting principles (GAAP). This appraisal will be conducted by an independent accounting firm agreed to by all Members. An appraiser will be appointed within a reasonable period of the date of withdrawal or dissolution. The results of the appraisal will be binding on all Members. 33. No allowance will be made for goodwill, trade name, patents or other intangible assets, except where those assets have been reflected on the Company books immediately prior to valuation. Dissolution 34. The Company may be dissolved by a unanimous vote of the Members. The Company will also be dissolved on the occurrence of events specified in the Act. Page 6 of 15 35. Upon Dissolution of the Company and liquidation of Company property, and after payment of all selling costs and expenses, the liquidator will distribute the Company assets to the following groups according to the following order of priority: a. in satisfaction of liabilities to creditors except Company obligations to current Members; b. in satisfaction of Company debt obligations to current Members; and then c. to the Member. 36. The claims of each priority group will be satisfied in full before satisfying any claims of a lower priority group. Any excess of Company assets after liabilities or any insufficiency in Company assets over liabilities under this section will be resolved by the Member. Where there are two or more Members, Company liabilities will be resolved by the Members in proportion to the Members' financial interest as set out in the Valuation of Interest section of this Agreement. Records 37. The Company will at all times maintain accurate records of the following: a. Information regarding the status of the business and the financial condition of the Company; b. A copy of the Company federal, state, and local income taxes for each year; c. Name and last known business, residential, or mailing address of each Member, as well as the date that person became a Member; d. A copy of this Agreement and any articles or certificate of formation, as well as all amendments, together with any executed copies of any written powers of attorney pursuant to which this Agreement, articles or certificate, and any amendments have been executed; and e. The cash, property, and services contributed to the Company by each Member, along with a description and value, and any contributions that have been agreed to be made in the future. Page 7 of 15 38. Each Member has the right to demand, within a reasonable period of time, a copy of any of the above documents for any purpose reasonably related to their interest as a Member of the Company, at their expense. Books of Account 39. Accurate and complete books of account of the transactions of the Company will be kept in accordance with generally accepted accounting principles (GAAP) and at all reasonable times will be available and open to inspection and examination by any Member. The books and records of the Company will reflect all the Company's transactions and will be appropriate and adequate for the business conducted by the Company. Banking and Company Funds 40. The funds of the Company will be placed in such investments and banking accounts as will be designated by the Member. All withdrawals from these accounts will be made by the duly authorized agent or agents of the Company as appointed by unanimous consent of the Members. Company funds will be held in the name of the Company and will not be commingled with those of any other person or entity. Audit 41. Any Member will have the right to request an audit of the Company books. The cost of the audit will be borne by the Company. The audit will be performed by an accounting firm acceptable to all the Members. Where the Company consists of two or more Members, not more than one (1) audit will be required by any or all of the Members for any fiscal year. Tax Treatment 42. This Company is intended to be treated as a disregarded entity for the purposes of Federal and State Income Tax. Annual Report 43. As soon as practicable after the close of each fiscal year, the Company will furnish to each Member an annual report showing a full and complete account of the condition of the Company Page 8 of 15 including all information as will be necessary for the preparation of each Member's income or other tax returns. This report will consist of at least: a. A copy of the Company's federal income tax returns for that fiscal year; b. A breakdown of the profit and loss attributable to each Member; c. Balance sheet; d. Income statement; and e. Cash flow statement. Goodwill 44. The goodwill of the Company will be assessed at an amount to be determined by appraisal using generally accepted accounting principles (GAAP). Governing Law 45. The laws of the State of Colorado will govern the validity of this Agreement, the construction of its terms, and the interpretation of the stated rights and duties. Forbidden Acts 46. No Member may do any act in contravention of this Agreement. 47. No Member may permit, intentionally or unintentionally, the assignment of express, implied or apparent authority to a third party that is not a Member of the Company. 48. No Member may do any act that would make it impossible to carry on the ordinary business of the Company. 49. No Member will have the right or authority to bind or obligate the Company to any extent with regard to any matter outside the intended purpose of the Company. 50. No Member may confess a judgment against the Company. Page 9 of 15 51. Where the Company consists of two or more Members, any violation of the above forbidden acts will be deemed an Involuntary Withdrawal of the offending Member and may be treated accordingly by the remaining Members. Indemnification 52. The Member will be indemnified and held harmless by the Company from and against any and all claims of any nature, whatsoever, arising out of the Member's participation in Company affairs. The Member will not be entitled to indemnification under this section for liability arising out of gross negligence or willful misconduct of the Member or the breach by the Member of any provisions of this Agreement. Liability 53 A Member or any employee will not be liable to the Company or to any other Member for any mistake or error in judgment or for any act or omission believed in good faith to be within the scope of authority conferred or implied by this Agreement or the Company. The Member or employee will be liable only for any and all acts and omissions involving intentional wrongdoing. Liability Insurance 54. The Company may acquire insurance on behalf of any Member, employee, agent or other person engaged in the business interest of the Company against any liability asserted against them or incurred by them while acting in good faith on behalf of the Company. Life Insurance 55. The Company will have the right to acquire life insurance on the life of the Member, whenever it is deemed necessary by the Company. The Member will cooperate fully with the Company in obtaining any such policies of life insurance. Amendment of Operating Agreement 56. No amendment or modification of this Agreement will be valid or effective unless in writing and signed by all Members. Title to Company Property Page 10 of 15 57. Title to all Company property will remain in the name of the Company. No Member or group of Members will have any ownership interest in Company property in whole or in part. Miscellaneous 58. Time is of the essence in this Agreement. 59. This Agreement may be executed in counterparts. 60. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in a neutral gender include the masculine gender and the feminine gender and vice versa. 61. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties' intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result. 62. This Agreement contains the entire agreement between the parties. All negotiations and understandings have been included in this Agreement. Statements or representations that may have been made by any party to this Agreement in the negotiation stages of this Agreement may in some way be inconsistent with this final written Agreement. All such statements have no force or effect in respect to this Agreement. Only the written terms of this Agreement will bind the parties. 63. This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Member's successors, assigns, executors, administrators, beneficiaries, and representatives. 64. Any notices or delivery required here will be deemed completed when hand -delivered, delivered by agent, or seven (7) days after being placed in the post, postage prepaid, to the parties at the addresses contained in this Agreement or as the parties may later designate in writing. 65. All of the rights, remedies and benefits provided by this Agreement will be cumulative and will not be exclusive of any other such rights, remedies and benefits allowed by law. Page 11 of 15 Definitions 66. For the purpose of this Agreement, the following terms are defined as follows: a. "Additional Contribution" means Capital Contributions, other than Initial Contributions, made by a Member to the Company. b. "Capital Contribution" means the total amount of cash, property, or services contributed to the Company by any one Member. c. "Initial Contribution" means Capital Contributions made by a Member to acquire an interest in the Company. d. "Member's Interests" means the Member's collective rights, including but not limited to, the Member's right to share in profits, Member's right to a share of Company assets on dissolution of the Company, Member's voting rights, and Member's rights to participate in the management of the Company. e. "Net Profits or Losses" means the net profits or losses of the Company as determined by generally accepted accounting principles (GAAP). f. "Operation of Law" means rights or duties that are cast upon a party by the law, without any act or agreement on the part of the individual including, but not limited to, an assignment for the benefit of creditors, a divorce, or a bankruptcy. g. "Principal Office" means the office whether inside or outside the State of Colorado where the executive or management of the Company maintain their primary office. IN WITNESS WHEREOF the Member has duly affixed their signature under hand and seal on this 1st day of February, 2010. Subscribed and sworn before me this 3rd day of 0Etober, 2016, by William Ragmalia. Notary William Ragmalia (Member) 1 ESTHER E. GESICK NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19974016478 MY COMMISSION EXPIRES SEPT. 29, 2017 Page 12 of 15 THE FOLLOWING PAGE IS NOT PART OF YOUR AGREEMENT THIS PAGE IS PROVIDED FOR INFORMATION ONLY How do I file my LLC Operating Agreement? You do not need to file your LLC Operating Agreement. The Operating Agreement is simply an agreement between the members of the LLC. An LLC is created by preparing and filing an Articles of Organization document with the state where the LLC will operate. Why does this agreement refer to 'two or more Members' when I am the sole Member and no new Members can be added? Even though your current intention is for only one member, it is possible in future to amend this LLC Operating Agreement to allow more members, instead of having to start a new LLC which could have adverse tax affects. Instead of omitting those clauses that are relevant only to LLC's with two or more members, we have tried to include those clauses in the final document so that you are aware of the issues that need to be addressed. What is a Tax Matters Partner? The Tax Matters Partner (Member) is the Member selected by the LLC to represent the company to the Internal Revenue Service and to make decisions on behalf of the LLC concerning taxation issues. The Internal Revenue Code requires that the company designate a Member for this purpose. How do I choose my tax treatment category? It is important to note that how the LLC is taxed does not affect the legal protections the LLC provides. For example, an LLC could be set up to be taxed like a sole proprietorship while still providing limited liability protection. One Member LLC An LLC with 1 member will be treated as a disregarded entity by default. This means the LLC will be taxed as a sole proprietorship. Page 13 of 15 Two Member LLC An LLC with 2 or more members will be taxed as a partnership by default. If you choose to be taxed as a partnership, the income from your LLC passes through to the members and is declared as personal income. In this way income is only taxed once but the personal income tax rates paid by the members may be much higher than the applicable corporate rate. Additionally, any LLC has the option to be taxed as a corporation. A disadvantage of a corporate tax model is double taxation - where the LLC pays taxes on company income and the members also pay tax on any income that members receive as dividends from the LLC. The advantage of the corporate tax model is that if most of the profits of the LLC can be retained in the company then double taxation can be minimized and overall tax paid at a lower corporate tax rate. Your choice of taxation method should result in the lowest taxes. If you have any further questions you should contact a local tax lawyer or accountant. Are there any limits on distributions? State law often restricts the amount of company distributions in order to ensure the company remains solvent. For example, some states have a distribution limit that prevents the company's liabilities from exceeding assets after a distribution is made. What is an allocation? Where an LLC is classified as a partnership for federal income tax purposes, profits and losses are allocated among members. The LLC itself will not pay income tax in that case. What are the benefits of requiring unanimous agreement? Requiring unanimous consent is typically reserved for issues critical to the company. By requiring unanimous consent, all Member's Interests are protected against unreasonable majority decisions. Do I need witnesses? It is a good idea to have your signatures witnessed even though most documents and contracts do not require a witness for them to be legally valid. Many banks and other institutions have their own internal policies about signing requirements, and may refuse to accept documents that are not witnessed regardless of the fact that the documents are legally valid. If you want to avoid bureaucratic hold-ups, it may be a good idea to have your document witnessed. Page 14 of 15 How do I choose a witness? Generally, the person you choose to witness a document should be a neutral third party with no financial or other interest in the agreement. Ideally, a witness will observe the parties signing the document and sign the document as proof that they witnessed the parties signing. The witness is not usually required to know or understand the contents of the document. Page 15 of 15 Master Service Agreement This AGREEMENT made and entered into the day and year set forth below by and between THE EATON COUNTRY CLUB, a non-profit corporation, hereinafter referred to as the "Club" or ECC and RnR, LLC., hereinafter referred to as the "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services: The Service Provider agrees to provide food, beverage and bar service within the defined restaurant, patio and bar area of the Club, including on course beverage service, in accordance with the scope of services attached hereto as Statement of Work/Services Exhibit "A" and incorporated herein by this reference. The Service Provider shall be solely responsible for performance of all duties hereunder. 2. Time of Commencement and Completion of Service: The services to be performed pursuant to this agreement shall consist of a transitional period where the Club (appointed member(s) of the Board of Directors) and the Service Provider will work together on training, food and beverage inventories, menu changes and the renaming and branding of the Restaurant and Bar (R&B) effective immediately upon executing this agreement with a target date of full transition to the Service Provider as the operator on or before October 1, 2016. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in writing and signed by both the Club (Board of Directors President) and Service Provider. 3. Contract Period: This agreement shall commence in transitional phase immediately upon execution of this agreement and will continue in full force and effect beginning October 1, 2016 for a period of two (2) years until September 30, 2018, unless sooner terminated as herein provided. Ninety (90) days prior to contract expiration (June 30, 2018), the Club and the Service Provider will agree in writing to: a. Extend the existing contract for an additional Five (5) years b. Amend the existing contract and terms as defined by the two parties c. Agree to terminate the contract at expiration on September 30, 2018. If this option is elected, it will be the responsibility of the Club and Service Provider to implement a transitional plan in relation to termination of the agreement so that the Statement of Work/Services defined in Exhibit "A" is not interrupted for the membership of the club. 4. Delay: If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the Club of such condition within 5 business days from the onset of such condition. 1 5. Contract Sum: a. The Service Provider will pay the Club on or before the 15th (or the following business day should the 15th fall on a Sunday or Holiday) of each ensuing month for the agreed upon expenses as defined and detailed in Cost Detail marked as Exhibit "B" incorporated herein by this reference. It will be the responsibility of the Club to provide a detailed monthly invoice(s) and supporting documentation for each expense identified. Any add/change/deletes to this agreement, including all Exhibits herein, shall be done in writing and signed by both the Club and the Service Provider once this original agreement is executed. b. The Service Provider will allow Club Membership to continue to utilize the R&B Membership Charge privilege that allows for members to sign their tickets for R&B and Course charges to be paid with their monthly dues invoice. it will be the responsibility of the Club to provide reconciliation of these charges to the Service Provider and pay the Service Provider on or before the 15th (or next business day if the 15th is a Sunday or holiday) of each ensuing month that the charges were processed. This too will be restated in the Cost Detail Exhibit "B". 6. Club Representative: The Club, through the Board of Directors, will appoint at least one (1) active Board of Directors Member to serve as a liaison between the Service Provider, the Board of Directors, full time Director of Operations/GM of the Club and the membership of the Club. The appointed Director will form and maintain a committee of active members, in good standing, to represent the membership in matters as they relate to the Statement of Work/Services defined in Exhibit "A". The appointed Board of Directors member(s) will be the spokesperson for the membership to the Board of Directors and Service Provider. 7. Service Provider Representative: The Service Provider will appoint at least one (1) R&B Manager that will be available to the Board of Directors, Club Management and the designated Board of Directors Liaison(s) and supporting membership committee as a point of contact for all things relating to the management and execution of this agreement. The Service Provider's Representative will attend scheduled R&B Committee Meetings and the Monthly Board of Directors Meeting to provide agreed upon updates and information described in the attachment marked Exhibit "C" Monthly Reporting. 8. Independent Service Provider: The services to be performed by the Service Provider are those of an independent service provider and not of an employee of the Club. The Club shall not be responsible for withholding any portion of the Service Provider's compensation hereunder for payment of FICA, Workman's Compensation or other taxes or benefits or for any other purpose. 9. Subcontractors: Service Provider may not subcontract any of the Work/Services set forth in the Exhibit "A", Statement of Work/Services without prior written consent of the Club, which shall not be unreasonably withheld. If any of the Work/Services is subcontracted hereunder (with the consent of the Club), then the following provisions shall apply: a. The subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work/services 2 b. The subcontractor will be required to comply with all applicable terms of this Agreement c. The subcontractor will not create any contractual relationship between any such subcontractor and the Club, nor will it obligate the Club to pay or see to the payment of any subcontractor, and, d. The work of the subcontractor will be subject to the acceptance by the Club to the same extent as the work/services of the Service Provider. 10. Personal Services: It is understood that the Club enters into this Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the Club. 11. Acceptance Not Waiver: The Club's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the Club under this Agreement or cause of action arising out of performance of this Agreement. 12. Warranty: a. The Service Provider warrants that all work/services performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work/services of a similar nature. This includes but is not limited to; Health Department Standards for R&B Operations, the serving and selling of alcohol, all licensing, training and certification required for such operations and the general quality, atmosphere, attire and demeanor of employees and the R&B area of the Club. b. The Service Provider acknowledges and confirms the Club's Asset Inventory Exhibit "D" to be true and factual. The Inventory listed in Exhibit "D" is available for the Service Provider to utilize at their discretion throughout the term of this Agreement. The Club agrees to repair or replace with equal or better quality any item listed in Exhibit "D" should it fail due to "normal use in normal conditions" through December 31, 2016. After said date, the Service Provider and the Club will share the expense equally for the repair or replacement of any such incident through September 30, 2017. Beginning October 1, 2017 through the term of the Agreement and any extensions, the Service Provider will be solely responsible for repair or replace requirements. Repaired or replaced item(s) will become property of the Club at the conclusion of the Agreement. c. The Service Provider and the Club (appointed Board of Directors member(s)) will, on or before October 1, 2016, perform a physical inventory of the existing Food, Beverage, Liquor and Supply inventory and associated value (value defined as cost via paid invoices) that will be purchased by the Service Provider transferring all ownership of said items to the possession of the Service Provider from the Club. From this transaction through the term of this Agreement, it will be the sole responsibility of the Service Provider to purchase all food, beverage, liquor and supplies required for the execution of the Statement of Work in Exhibit "A". Both parties agree that the established inventory value shall be paid by the Service Provider to the Club in the following manner: i. 50% of the agreed upon value shall be paid on or before March 31, 2017 3 ii.The remaining balance shall be paid on or before September 30, 2017 iii. Monthly payments by the Service Provider that meet the above requirements are acceptable as well by the Club d. The Club will maintain sole responsibility for structural repairs to the facility. This includes but is not limited to: roof, flooring and subflooring , plumbing/electrical repairs, HVAC systems, furnaces/boilers, parking lots and other exterior surfaces or areas. The Club and Service Provider shall work jointly to cover expenses for normal wear areas such as paint, carpet and tile. e. The Club will provide one (1) course beverage cart and maintain standard repair and maintenance operations on the cart and will supply the necessary fuel for operation of the cart throughout the term of this Agreement. Damage or excessive wear due to abuse, carelessness or negligence on behalf of the Service Provider will result in all related charges being paid by the Service Provider. f. The Service Provider agrees to maintain the cleanliness and appearance of the facilities, which includes — the inside R&B areas, the kitchen and kitchen exterior covered area, the patio, the trash and grease disposal areas and the upstairs bathrooms clean and free of clutter and debris. g. As first in, last out operators, the Service Provider agrees to ensure the Club Security System is properly activated daily at the close of business and turned off at the opening of business. h. The Service Provider understands and agrees that the Club will hold an annual meeting each year that will be scheduled with the Service Provider that will require the use of the formal dining area for Club business and the Club will not be charged for use of the facility or the support and services provided for this meeting. The Club will agree to a menu selection that will be provided for the meeting at a cost neutral price for the Service Provider. The Board of Directors and any Committees doing work on behalf of the Board of Directors will not be charged facility use charges for room or table reservations at any time throughout the term of this Agreement. Club Members, in good standing, will not be charged for facility or room use or reservations of any size at any time throughout the term of this Agreement, but will be subject to food and beverage menu selections provided solely by the Service Provider. i. The Service Provider shall provide all food and beverage services to any and all events held at the Club including but not limited to: Club events and tournaments including closed, open and private, public events contracted directly by the Service Provider and all daily R&B Services including cart beverage service on the course. j. It is understood and accepted that, at a minimum, the R&B will be open whenever the golf course is open for play. This will include full kitchen and bar services. k. It is understood and accepted that at no time, without a written and signed agreement between the Service Provider and the Board of Directors will the full R&B and Patio services be closed to the Club Membership. The Club will work with the Service Provider in the event that a large portion of the R&B is needed for a private party. 4 However, it should be noted that some degree of R&B service will always be available and accessible to the membership of the Club. I. The service Provider is limited to private events being help INSIDE the facility defined as the R&B and Patio areas only. Any events to be held outside on the grounds must have Board of Director approval in writing. 13. Default: Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this Agreement, such party may be declared in default thereof. 14. Remedies: In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to: a. Terminate the Agreement and seek damages; b. Treat the Agreement as continuing and require specific performance; or c. Avail himself of any other remedy at law or equity. d. If a party commences legal or equitable actions against the other party, the prevailing party shall be entitled to its costs, fees and reasonable attorney's fees. 15. Binding Effect: This writing, with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure the benefit of said parties. 16. Indemnity/Insurance: a. The Service Provider agrees to indemnify and save harmless the Club, its officers, employees and members against and from any and all actions, suits, claims, demands or liability of character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the Club as an additional insured under this Agreement of the type and with the limits specified within Cost Detail Exhibit "B" attached hereto and incorporated herein by this reference. The Service Provider, before commencing services hereunder, shall deliver to the Club's Director of Operations (Kyle Merritt), one copy of a certificate evidencing the insurance coverage, including a Liquor Liability Endorsement in the General Liability coverage, required from an insurance company acceptable to the Club and in addition, shall provide proof of workman's compensation insurance. 17. Entire Agreement: This Agreement, along with all Exhibits and Documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 18. Law/Severability: The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of this 5 Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 19. Prohibition Against Employing Illegal Aliens: Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that as of the date of this Agreement: a. The Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement, and b. The Service Provider will not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. The Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. d. If the Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the Club may terminate this Agreement. If this Agreement is so terminated, the Service Provider shall be liable for actual and consequential damages to the Club arising out of the Service Provider's violation of Subsection 8-17.5-102, C.R.S. e. The Club will notify the Office of the Secretary of State if the Service Provider violates this provision of this Agreement and the Club terminates the Agreement for such breach. 6 Signature Page a .,�" o to 7 7-74" ton Country Club Kyle Merritt — Director of Operations RnRC. Bill Ramaglia Date S 1dt be, Eaton Country Club Kent Pendley — President Board of Directors 7 EXHIBIT A - STATEMENT OF WORK/SERVICES The Service Provider will have the sole responsibility to provide all staffing, management, administrative, training, purchasing/procuring/inventory control, payroll/payables, supplies, insurance, required licensing and agreed upon monthly expenses, rent and facility care as defined in Exhibit "B", Cost Detail and/or in the agreed upon Master Service Agreement in order to provide Food, Beverage, Bar and Course Service for the Private Club Membership of Eaton Country Club and the Public users of the Restaurant and Bar Facilities. This includes but is not limited to Breakfast, Lunch and Dinner service as well as Private or Club Meeting and Banquet events. it will be the Service Providers responsibility to present a menu offering and pricing that provides a variety of choices and price points to support the needs and desires of the Club and its Membership while promoting Public use of the facility. The initial menu offering and pricing shall receive Board of Director approval through the designated Board Member(s) appointed to the R&B Committee. Future menu and or price changes shall be initially agreed upon between the Service Provider and the appointed Board of Director member(s) assigned to the R&B Committee and the Service Provider shall communicate and justify menu and/or price changes at the Monthly Board of Directors Meeting for Board approval during the R&B reporting time prior to implementation. The Service Provider will work with the Board of Directors and Club Management to establish an approved restaurant and bar name for the newly separated operation. The Club, through approval of the Board of Directors, agrees to commit a sum of $5,000.00 to support signage, advertising and promotion of the newly identified operation within the first 90 days of this executed Agreement. Should additional monies be needed, the amount and approval will need Board of Directors approval prior to exceeding the approved $5,000.00. All external advertising and promotion thereafter shall be at the expense of the Service Provider. The Club agrees to provide internal advertising and promotion through membership emails, website and social media methods. The Service Provider agrees, as stated in the Master Service Agreement, to provide restaurant and bar services at all times when the course is open for play. Seasonal hours of operation shall be set and approved via the monthly Board of Director Meetings. The Service Provider agrees to utilize the existing Point of Sale software as provided by the Club or, at its own expense, install and implore a point of sale software of the Service Providers choice. It will be required to allow and capture membership charges and that it is compatible with the existing Club software system for reconciliation purposes as they relate to membership charges. The Club agrees to provide, for the sole use of the Service Provider, the asset inventory items detailed in Exhibit "D" — Asset Inventory, for the term of this Agreement. The Service Provider agrees to the guidelines and limits set forth in Exhibit "D" Asset Inventory. 8 The Service Provider agrees that it is the sole responsibility of the Service Provider to meet and exceed the laws, licensing and requirements of the local, state and federal authorities as they relate to the operation of a bar and restaurant in terms of health codes, food safety and the sale of alcohol for any and all events that occur within the Club properties. EXHIBIT B — COST DETAIL The purpose of this Exhibit is to provide detailed cost responsibilities to both the Club and the Service Provider that are either referenced in the Master Service Agreement or not detailed in the Master Service Agreement. It is agreed by the Service Provider that on or before the 150 (or next business day if the 15th is a Sunday or holiday) of each month, the previous month's activities will be reconciled and responsible payment(s) will be made by the Club to the Service Provider and/or the Service Provider to the Club. The Service Provider agrees to maintain current on all private accounts with vendors it chooses to do business with in order to maintain the agreed upon Services and Statement of Work/Services detailed in the Master Service Agreement and in Exhibit "A" so that there is no interruption to the operation of the R&B to the membership of the Club. Violation of this shall be viewed as a breach of contract and the Service Provider shall be considered in default to the Club. Refer to 14. REMEDIES should this occur. At the execution of this Agreement, the Service Provider shall present a General Liability Certificate of Insurance (COI), which includes a Liquor Liability Endorsement, naming Eaton Country Club (37661 Co Rd 39, Eaton, Co 80615) as additionally insured in the amount of $2,000,000.00. The Service Provider shall also present a Worker's Compensation COI as evidence of current Worker's Compensation Insurance. Both will be provided and kept current throughout the term of this Agreement. The Service Provider shall be solely responsible for payroll, payroll taxes, tax reporting, staffing expenses, health benefits, insurance, licensing, food, beverage, liquor and supply procurement. This will be done by and through the Service Provider and at no time will the Club be liable for these expenses. The Service Provider agrees to hold the Club harmless from any related claims herein and to indemnify the Club for any damages or costs of defending such claims, including attorney's fees. Bathroom and Locker Room Supplies will be purchased and supplied by the Club. The Pro Shop will be responsible for the restocking of said supplies for the downstairs facilities and the Service Provider will be responsible for the restocking of said supplies for the upstairs facilities throughout the term of the Agreement. 9 The Service Provider agrees to the following monthly charges throughout the term of the contract as detailed below. Base Rent amounts are to be paid on or before the first business day of each operating month (excluding holidays). Gross Sales Bonuses are to be paid in full on or before the 15th of the month following the qualifying month. The Service Provider is encouraged, where possible, to assist the Club in controlling and or lowering monthly expenses (utilities, trash, janitorial, etc.) while maintaining the service standards referenced in this Agreement. First 12 Months: October 1, 2016 — September 30, 2017: • $2,000.00 Base Rent to be paid on or before the first business day (excluding holidays) of each operating month • Gross Sales Bonus: o May — October 3% of Gross Sales greater (>) than $100,000.00 o November — April 3 % of Gross Sales > than $85,000.00 Second 12 Months: October 1, 2017 — September 30, 2018: • $2,500.00 Base Rent to be paid on or before the first business day (excluding holidays) of each operating month • Gross Sales Bonus: o May — October 5% of Gross Sales > than $110,000.00 o November — April 5% of Gross Sales > than $90,000.00 10 EXHIBIT C — MONTHLY REPORTING • Gross Food Sales in Dollars • Gross Liquor Sales in Dollars • Banquet/Event Planning • Specials/Promotions • Club Feedback • Additional Information or Data as Required by the Board of Directors EXHIBIT D — ASSET INVENTORY The Club agrees to provide, for the sole use of the Service Provider within the confines of the Club and the execution of the Master Service Agreement, the following detailed Asset Inventory List. a. The Club agrees to repair or replace with equal or better quality any item listed in Exhibit "D" should it fail due to "normal use in normal conditions" through December 31, 2016. After said date, the Service Provider will be responsible for the repair or replacement of any such incident at its own expense and the repaired or replaced item will become property of the Club at the conclusion of the Agreement. b. One exception to the list is the Course Beverage Cart. The Club will provide one (1) Course Beverage Cart and maintain standard repair and maintenance operations on the cart and will supply the necessary fuel for operation of the cart throughout the term of this Agreement. Damage or excessive wear due to abuse, carelessness or negligence on behalf of the Service Provider will result in all related charges being paid by the Service Provider. c. Should the Service Provider decide to purchase or bring into the operation, equipment, appliances or supplies above and beyond the list provided, it shall be done at the sole expense of the Service Provider or through a written Agreement between the Service Provider and current Board of Directors. New equipment, appliances or supplies purchased by the Service Provider shall be considered the Service Provider's property through the term of this Agreement. Ui Tables: 6 ft. 8 ft. Half Moons Patio Podium Prep Rectangles Rounds Small Squares Squares Tall Tops Chairs: Boosters High Chairs Lounge Office Patio Stools l 3 10 3 * 2 Large * 1 Small 18 2 5 6 12 * 6 Large * 6 Small 2 28 5 5 8 * 6 Wooden * 2 Plastic 202 4 77 19 * 9 Bar Stools * 10 Tall Top Stools 12 Devices: Computers ipad Phones Printers Security Cameras T.V.'s 9 2 8 10 * 3 Office Printers * 7 Ticket Printers 4 8 Buffet Items: Beverage Stand 2 * 2 Buckets *2 Stands Bowls 10 * 2 XL Salad bowls * Round/ Square metal bowls Cutting Tables 1 Glass Pie Dish 2 Glass Platter Cover 1 * Various Shapes and Sizes ( Porcelain and Glassware 23 Glass) Heating Lights 5 Oval Chaffer 1 Platters 6 * Various sizes (Glass, Plastic, Metal) Rectangle Chaffer 10 Round Chafffer 7 Stemos 44 Dishes: Champagne Flute 147 Coffee Cups 105 Coffee Pots 10 Copper Cups 15 Frosted Glass 22 Martini Glass (Lg.) 32 Martini Glass (Sm.) 31 Pint Glass 90 Pitchers 26 Plastic Cup (Lg.) 92 Plastic Cup (Sm.) 70 Rocks Glass 80 Shot Glass 3 Stella Glass 9 Tea Cups 53 Tea Kettles 10 Tea Um 1 Water Carafe 55 Water Glass 189 Water Goblets 18 Wine Glass 117 13 2 Inch 1/3 Pans 5 2 Inch Hotel Pans 22 3 Gallon Lexans 3 4 Inch 1/3 Pans 10 4 Inch Half Pans 9 4 Inch Hotel Pans 14 5 Gallon Lexans 6 Baskets 17 Cutting Board (Lg.) 8 Cutting Board (Sm.) 7 Dessert Plates 272 Dinner Plates(Lg.) 110 Dinner Plates(Sm.) 29 Dressing Container Lids 82 Glass Bowl (Lg.) 19 Glass Bowl (Sm.) 26 Glass Dessert Bowls 41 Half Baking Sheets 12 Large Skillets 2 Mixing Bowls 12 Oval Plates 32 Pans (Lg.) 11 Pans (Sm.) 18 Pie Rounds 4 Plastic Dressing Containers 71 Plastic Ramekins 110 Plastic Serving Bowl (Lg.) 3 Plastic Serving Bowl (Sm.) 15 Porcelain dessert bowls 42 Porcelain Skillets 14 Pots (Lg.) 4 Pots (Sm.) 4 Rectangle Chafing Dishes 39 Rectangle Plates 4 Round Chafing Dish 2 Salad Plates 120 Sheet Trays 63 Soup Bowl 35 Square Bowls 35 Square Plates(Lg.) 12 Square Plates(Sm.) 51 Sundae Dishes 11 14 Utensils: Beverage Ice Scoop 5 Bread Knife 4 Butter Knife 475 Can Opener 1 Carving Fork 2 Callender 4 Dinner Fork 545 Grill Brush 1 Grill Tongs 1 Ice Cream Scoop (Lg.) 2 Ice Cream Scoop (Sm.) 5 Ice Scoops 3 Kitchen Knife 12 Ladles 11 Pie Cutter 8 Pizza Cutter 1 Plastic Tongs 23 Potato Masher 1 Silicone Spatula 5 Sm. Plastic Serving Spoon 30 Soup Spoon 29 Spatulas 6 Spoon 154 Stainless Serving Spoon 41 Steak Knife 128 Tongs (Lg.) 1 Tongs (Med.) 9 Tongs (Sm.) 13 Tortilla Bowl Maker 1 Whisks 6 Appliances: 3 ft. Alto -Sham 1 3 ft. True Fridge 1 3 Sink Station 2 * Kitchen *Bar 5ft. Auto -Sham Warmer 1 6 ft. True Fridge 1 Ashtray 9 Black Plastic Rounds 35 Blender 1 Bus Tubs 12 Camera 1 15 Can Rack 1 Carts 3 Cigarette Tower 4 Coffee Hot Plates 2 Coffee Machine 3 Coffee Urn 4 Coffee Urn Warmer 2 Condiment Caddies 37 Cooler (Bar) 1 * Beer Cooler Cooler (Prep) 3 Dean Deep Fryer 2 Digital Thermometer 2 Dish Racks 20 Dishwasher 1 Drink Cooler 2 Drink Tray 12 Expo Line 1 Fans 3 Food Tray 7 Fry Cutter 1 Garbage Cans 11 Grill (Inside) 1 Grill (Outside) 1 Hand Soap Dispenser 5 Holman Toaster 1 Hot Coco Machine 2 Hot Dog Machine 1 Ice Buckets 6 Ice Chest 7 Ice Machine 1 Ice Well 2 Imperial Oven 1 Jelly Caddies 22 Keg Cooler 1 Kitchen Aid Mixer 1 Knife Sharpener 2 Kold Locker 1 * Outside Beer Cooler Ladder/ Step Stool 2 Measuring Cups 20 Microwave 2 Mixing Wand 1 Napkin Dispenser 1 Nemo Food Warmer 1 16 Oven 2 * Biogett 5ft. Paper Towel Dispenser 7 Portable Stove Burners 2 Projector 1 Propane Tank 3 Reach -In Cooler 3 RoboCoupe Dicer 1 Salad Bar 2 Salamander 1 Salt & Pepper Shakers 128 Sandwich Fridge 1 Saturn Freezer 1 Saturn Fridge 1 Scales 5 Shelving Units 13 Slicers 2 Soda Guns 2 Soda Machine 1 Soup Well 2 Speed Racks 4 Stainless Rounds 31 Steam Table 1 Stereo 1 Straw Dispenser 1 Sugar Caddies 34 Tea Caddies 7 Tea Machine 1 Thermometer 3 ThermoPro Thermostat 3 Toilet Paper Dispnser 13 Tray Jacks 6 Vaccum 2 Vapor Oven 1 Waffle Maker 1 Other. Course Beverage Cart 1 17 Hours of operation Business hours Monday 7am-8:30pm Tuesday 7am- 8:30pm Wednesday 7am- 8:30pm Thursday 7am- 8:30pm Friday 7am- 8:30pm Saturday 7am- 8:30pm Sunday 7am- 8:00pm Liquor hours Monday 8am- 8:30pm Tuesday 8am-8:30pm Wednesday 8am- 8:30pm Thursday 8am- 8:30pm Friday 8am- 8:30pm Saturday 8am- 8:30pm Sunday 8am- 8:00pm Billy Ramaglia 1561 Pelican Lake Place Windsor, CO 80550 (970)685-7680 September 20, 2016 Security Plan So all 4 doors on the main floor are unlocked during business hours witch are 7am-8:30pm Monday -Sunday. There are 2 doors that are locked from the outside but can be exited from the inside one door is located next to the bar and the other is on the north wall in the dinning room. There is locking cabinets above the bar that lock and the key is accessed from manager. All liquor is locked every night. There are 3 security camera's 1 in the kitchen and 1 behind the bar 1 at the serving station that are on 24/7. All the beer is stored in a locked cooler on the back dock it is locked and only two people have keys to this cooler. At night the last person here checks all the doors and walks around to check that all doors are closed and locked and then sets the security system that is provided from DictoGuard security. 0 • • • • • • • cr C>Nca S 970-356-5612 • N OIT • N . a + H 4 M • U el o • r O Itigi t • w ' • •/et • A on CO • • u . Qs s • • EE Eric .► N . • • nit 2 S ► • • CO as a U • • CM Cr) . . • . • • • • • • • • • 14 CO • N •. • • . • • • • • CO CD .. • • N NI • • • • • ras i •b cc 0).9. A-6 I ' l • 1 c Lea iss' • 4-• .c 0 4. 3 512 i (1 0 .11 • co a. a Smoke Detector Heat Detector etz • • • • Duct Detector Fire Alarm Control Panel o. • Le. Lee • I. •Li) .‘s y) ?.) 6 o (1) ca,‘ tt) E 0 o sczo)* L...... , • tvr • : argare"7". to ce ) r \ I raj4 b o: Pot 0 Si 0 • Le 0 0 i 0 acne. SS. fee • tc 0 0 /PP Mt m BASEMENT FLOOR PLAN Ij MAIN FLOOR PLAN • u. 3 rein a• . au tu 1 c.) FIRE ZONE 1 1 Property Report Page 1 of 9 WELD COUNTY Property Report P fto PE itTY Po RTA l . Technical Support: (970) 304-6432 Account: R0032593 September 19, 2016 Account Information Account Parcel Space Account Type II Tax Year Buildings Actual Value Assessed Value R0032593 070930000048 Commercial f 2016 4 1,300,000 355,720 Legal L 14069 PT N2 30 7 65 BEG NE COR SEC W1375' TO C/L FOR FAR LATERAL S27DW 253' S13D20'W 200' S11 D35'W 180' S22D40'W 143' S28D25'W 181' S26D55'W 222' S23D25'W 210' S29D30'W 157' S24D30'W 198' S 14D 15'W 156' S26D 15'W 112' S38O30'W 195' S55D50'W 142' S67D25'W 84' S79D10'W 202' S83DW 280' S75D30'W 95' S33D50'W 100' S11 D40'W 80' S14D10'E 86' S31 D10'E 155' TO E -W C/L SEC (409'W OF CEN OF SEC) E3019' TO E4 COR SEC N0D48'W 62' N40D48'W 293' N06D48'W 201' N05D11'E 247.89' N89D11'E 183.43' TO E LN SEC N0D48'W 1910.1' TO BEG LOT B SUB EXEMPT SE -416 (2.24R) r Subdivision Block Lot Land Economic Area TWN 7 RANGE 65 Property Address Property City Zip Section Township Range 37661 39 CR WELD 30 07 65 Owner(s) Account Owner Name Address R0032593 EATON COUNTRY CLUB PO BOX 240 EATON, CO 806150240 Document History https://propertyreport.co.weld.co.us/?account=R0032593 9/19/2016 Property Report Page 2 of 9 rReception Rec Date Type Grantor Grantee Doc Fee Sale Date Sale Price 01493961 08-10-1966 WDN 0.00 01-01-1900 0 2811620 12-07-2000 USR USE SPECIAL REVIEW BY 1241 USR- GOLF COURSE 0.00 ' 0 -- 12-30-2005 COZ I �L WELD COUNTY ZONING -- Case: ZONING A AG 0.00 , 0 Building Information Building 1 AccountNo Building ID Occupancy R0032593 1 t Single Family Residential ID Type NBHD. Occupancy % Complete Bedrooms Baths Rooms 1 Residential Single Residential Family 100 2 0 ID Exterior Roof Cover Interior HVAC Perimeter Units Type Unit Make 1 Frame Masonry Veneer Drywall Forced Air Square Ft Condo SF ID Total SF Finished SF Garage SF Carport SF Balcony SF Porch SF 1 1,006 0 1,006 1,006 456 0 0 148 https://propertyreport.co.weld.co.us/?account=R0032593 9/19/2016 Property Report Page 3 of 9 Built As Details for Building 1 ID Built As Square Ft Year Built Stories Length Width 1.00 Ranch 1 Story 1,006 1969 1 —t 0 0 Additional Details for Building 1 ID Detail Type Description Units 1 Appliance Allowance 1 1 Basement Bsmnt Conc 8 ft 1,006 1 Basement Finished 1,006 1 Fixture Bath 3 1 1 Fixture Bath 4 1 1 Fixture Sink Standard 1 1 Fixture Water Heater 1 1 Garage Attached 456 1 Porch Open Slab 148 Building 2 AccountNo Building ID Occupancy R0032593 2 Country Club ID Type NBHD I Occupancy O/° Complete Bedrooms Baths Rooms 2 Commercial 9911 Country Club 100 0 0 0 ID Exterior Roof Cover Interior HVAC Perimeter Units Unit Type Make 2 1 Package Unit 416 0 https://propertyreport.co.weld.co.us/?account=R00 32593 9/19/2016 Property Report Page 4 of 9 ID Square Ft Condo SF Total Basement SF Finished Basement SF Garage SF Carport SF Balcony SF Porch SF 2 7,299 0 0 3,958 0 0 0 0 Built As Details for Building 2 ID Built As Square Ft Year Built Stories Length Width 2.00 Country Club 4,237 1968 1 0 0 2.00 Country Club 3,062 2000 1 0 0 Additional Details for Building 2 ID Detail Type Description Units 2 Add On Asphalt Average 27,000 2 Add On Wood Balcony Average 1,718 2 Basement Finished 3,958 2 Basement Storage 3,413 Building 3 AccountNo Building ID Occupancy R0032593 3 Storage Warehouse ID. Type NBHD Occupancy % Bedrooms Baths Rooms Complete 3 Commercial 9911 Storage Warehouse 100 0 0 0 https://propertyreport.co.weld.co.us/?account=R0032593 9/19/2016 Property Report Page 5 of 9 ID Exterior Roof Cover --4- Interior HVAC Units Unit Type Make 1 Perimeter 3 Space Heater 228 0 ID Square Ft Condo SF Total Basement SF Finished Basement SF Garage SF Carport SF ! Balcony SF Porch SF 3 . 4,080 0 ---- - 0 0 0 0 0 0 Built As Details for Building 3 ID Built As 1 Square Ft Year Built Stories Length -, r Width 3.00 Storage Warehouse 800 1997 r 1 0 - 0 3.00 Storage Warehouse 3,280 1968 1 0 0 Additional Details for Building 3 ID Detail Type Description Units 3 Add On Shed Frame r 674 3 Add On Shed Frame _4 168 Building 4 AccountNo Building ID Occupancy R0032593 4 Golf Course *CODE ID Type NBHD Occupancy % Complete Bedrooms Baths Rooms 4 Commercial 9911 Golf *CODE Course 100 0 0 0 https://propertyreport.co.weld.co.us/?account=R0032593 9/19/2016 Property Report Page 6 of 9 ID Exterior Roof Cover Interior HVAC Perimeter Units Unit Type Make 4 None O ID Square Ft Condo SF Total Basement SF Finished Basement SF Garage SF I Carport SF Balcony SF Porch SF 4 1 0 O 0 0 0 O O Built As Details for Building 4 ID Built As Square Ft I Year Built Stories I Length Width 4.00 Golf Course *CODE 1 1998 1 0 O No Additional Details for Building 4 Valuation Information Type Code Description Actual Value Assessed Value Acres Land SqFt 1212 SINGLE RESIDENTIAL IMPROVEMENTS FAMILY 99,415 7,910 0.000 O Improvement Improvement 2225 RECREATION- IMPROVEMENTS 684,528 198,510 0.000 O Improvement 2235 IMPS WAREHOUSE/STORAGE- 41,000 11,890 0.000 1 O Land 1112 SINGLE RESIDENTIAL FAMILY -LAND 1,714 140 0.429 18,671 Land 2125 RECREATION -LAND 473,343 137,270 118.331 5,154,515 Totals - - 1,300,000 355,720 118.760 5,173,186 https://propertyreport.co.weld.co.us/?account=80032593 9/19/2016 Property Report Page 7 of 9 Tax Authorities Tax Area District ID District Name Current Mill Levy 5055 0700 AIMS JUNIOR COLLEGE 6.325 5055 0505 EATON FIRE 9.000 5055 0911 EATON REC C DISTRICT 4.956 5055 1050 HIGH PLAINS LIBRARY 3.308 5055 0304 NORTH WELD COUNTY WATER (NWC) 0.000 5055 0301 NORTHERN COLORADO WATER (NCW) 1.000 5055 0202 SCHOOL DIST RE2-EATON 23.293 5055 0100 WELD COUNTY 15.800 5055 1200 WEST GREELEY CONSERVATION 0.426 Total - - 64.108 Photo https://propertyreport.co.weld.co.us/`?account=R0032593 9/19/2016 Property Report Page 8 of 9 Sketch https://propertyreport.co.weld.co.us/?account=R0032593 9/19/2016 Property Report Page 9 of 9 Bldg 2 42.0' YOC 1986 1815.0 SF WH 9' 39.0' 48.0' 20.0' i 6.0'; 11.0': ; .0' I I I 44.0' First Floor 7299.0 SF Balcony 1718.0 SF Sketch by Apex IV Uttindows" i 48.5' 52.7' 32.0' YOC 1968 2422.0 SF 30.0' 48.5' 52.7' i I 1.01 ho.o' 301 103.5' 3.0' YOC 2OOO 3062.0 SF 14.0' Balcony 52.3' Building 2 Page 1 • ti L ♦ L ♦ r S r l f' • ♦r 5.0' L • l 39.0' • • 1 1 1 1 r 103.9' Copyright O 2016 Weld County, Colorado. 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Ot cx. IMc.Car +cr.'s e £.GG ADDRESS ;31 C,CC I Cour,+c l Road 39 E C -+ors. CO SOCo IS Q $ (4-1S -©O FOR War-Gal/and ictsUor ♦ Oance icense. (coon%) HOW PAID CASH CHECK MONEY ORDER tc0I 415 RECEIPT 10 I BY CA DATE Oq t at/ a O l Co NO. 88897 RECEIVED FROM M c Cara -4s ADDRESS 31 C€,&I Coma -1 Roark 39 E.a.+on , GO 's0Co I S $ 5-15.00 FOR(Pc r l)fTrc.vN5ccr) ic6uor ` .icense C,roon+(*) a CDOCo 0I0Co99 RECEIPT 5"15°0 CAslnie-r ChecK BY CR DATE ©q/bt/Ica NO. 88895 RECEIVED FROM (Y1CC, Gr+c�S ADDRESS 3.7CO Co I Cocin4cy R c c3 39 e-a•+on CO grOCo l �i C1 $ 100 '0 0 FOR Tempororth *.ic6c.)or Perm; + Ccocin+.) PAID CHECK CHECK MONEY ORDER C9GC, StIa100 RECEIPT t00co CaS(nicr CSC c By 0,,R DATE Oct/ 9l/ICo NO. 88896 R CEIVED FROM m cC.C4r+ts AIRRESS 3'7Co I Coon+c4 Roc . 3 c• 4's;_ $ 55.00 FOR r ice se C1..-plica+ior-TransFer BY CHE 0i CDOCo 9010504 t6gs er c K2 c lam_ RESOLUTION RE: ESTABLISHING THE NEIGHBORHOOD TO BE SERVED, DESIGNATING A COMMISSIONER TO MAKE ON -SITE INSPECTION AND SETTING THE HEARING DATE FOR A HOTEL AND RESTAURANT LIQUOR LICENSE - EATON COUNTRY CLUB 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 of Weld County, Colorado, at a public meeting on the 5th day of October, 2005, 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 the Eaton Country Club, 37661 Weld County Road 39, Eaton, Colorado 80615, for a Hotel and Restaurant License, and WHEREAS, the Board did determine that the following described area should comprise the neighborhood to be served concerning said application, to -wit: N1/2 of Section 30, Township 7 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board further determined that Commissioner David E. Long should be designated to make the on -site inspection concerning said application, and WHEREAS, the Board furtherdetermined that the hearing to consider said application shall be scheduled for October 24, 2005, at the hour of 9:00 a.m. 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 the Eaton Country Club, for a Hotel and Restaurant License. BE IT FURTHER RESOLVED by the Board that Commissioner David E. Long 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 October 24, 2005, at the hour of 9:00 a.m. on S , / PPP 04 2005-2926 LC0037 /0-/g' SET HEARING FOR HOTEL AND RESTAURANT LICENSE - EATON COUNTRY CLUB PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of • ober, A.D., 2005. ATTEST: Weld County Clerk to the B BY: AL Val( Duty ClCldrk to the Board APPROVED AS T M: ounty Attorney Date of signature: t6<405 OARD OF COUNTY COMMISSIONERS ELD COUNTY, COLORADO e, Chair eile, Pro -Tern 64 Dam E. Long 2005-2926 LC0037 igl'*; • Wilik COLOR ADO MEMORANDUM TO: Board of County Commissioners October 3, 2005 FROM: Donna Bechler, Deputy Clerk to the Board SUBJECT: Hotel and Restaurant Liquor License Application - Eaton Country Club Our office has received an application for a Hotel and Restaurant Liquor License from dba Eaton Country Club, 37661 Weld County Road 39, Eaton, Colorado 80615. 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 October 24, 2005, at 9:00 a.m. The neighborhood to be served for this license is as follows: N1/2 of Section 30, Township 7 North, Range 65 West of the 6th P.M., Weld County, Colorado 2005-2926 NOTICE Pursuant to the Liquor Laws of the State of Colorado RNR, LLC DBA McCarty's at Eaton Country Club 37661 County Road 39 Eaton, CO 80615 Has Requested the Licensing Officials of Weld County, Colorado To Consider Hotel and Restaurant/Optional Premises (County) License at 37661 County Road 39, Eaton, CO 80615 Hearing on Application to be Held at Weld County Administration Building 1150 "O" Street, Greeley, CO 80631 Time and Date Date of Application September 21, 2016 By Order of Weld County Board of Commissioners Officers RNR, LLC William Ramaglia, Owner Paul Speck, Registered Manager Kent P: President of Board: 970-396-5295 Eaton Country Club: 970-454-2106 Paul Speck: Manager of McCarty's: 970-302-1365 Chloe Rempel From: Sent: To: Cc: Subject: Frank Haug Tuesday, September 20, 2016 8:55 AM Chloe Rempel Bruce Barker; Esther Gesick RE: Eaton Country Club Liquor License That sounds great, let me know if you need anything. Frank N. Haug Assistant Weld County Attorney 1150 O Street Mailing Address: P.O. Box 758, Greeley, CO 80632 tel: (970) 356-4000 x4394 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. Original Message From: Chloe Rempel Sent: Monday, September 19, 2016 10:48 AM To: Frank Haug <fhaug@co.weld.co.us> Cc: Bruce Barker <bbarker@co.weld.co.us>; Esther Gesick <egesick@co.weld.co.us> Subject: RE: Eaton Country Club Liquor License Frank, The change of manager from Brooke to Erin was on the agenda today and was approved. I am working with Paul, who will take over from Erin, to get the transfer application complete. He will have that to me no later than Wednesday morning. I will send out referrals and ask to have them expedited. We will put the temporary permit on the agenda for next Wednesday so that we can have the reso and permit signed and back to them before their opening date of October 5, 2016. During that process, I will still be working with them on finishing a few things on the application, a hearing to approve the final application, and sending it off to the State. Chloe A. Rempel Deputy Clerk to the Board of Commissioners 1 1150 O Street Greeley, CO 80631 / PO Box 758 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: Frank Haug Sent: Monday, September 19, 2016 9:08 AM To: Chloe Rempel <crempel@co.weld.co.us> Cc: Bruce Barker <bbarker@co.weld.co.us>; Esther Gesick <egesick@co.weld.co.us> Subject: Re: Eaton Country Club Liquor License This is what I was taking about. We may need to continue it is that right Chloe? Sent from my iPhone On Sep 16, 2016, at 1:23 PM, Chloe Rempel <crempel@co.weld.co.us <mailto:crempel@co.weld.co.us> > wrote: Below is the response received by the State. Chloe A. Rempel Deputy Clerk to the Board of Commissioners 1150 O Street Greeley, CO 80631 / PO Box 758 tel: 970-400-4225 <image002.jpg> 2 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: Alderden - DOR, James [mailto:james.alderden@state.co.us] Sent: Friday, September 16, 2016 12:57 PM To: Kelly Haralson - DOR <kelly.haralson@state.co.us <mailto:kelly.haralson@state.co.us>>; Chloe Rempel <crempel@co.weld.co.us <mailto:crempel@co.weld.co.us>>; Michelle Stone-Principato - DOR <michelle.stone- principato@state.co.us <mailto:michelle.stone-principato@state.co.us»>; Jack Chism - DOR <jack.chism@state.co.us <mailto:jack.chism@state.co.us>> Subject: Re: Eaton Country Club Liquor License Chloe, I do not think the scenario as presented would be permissible, but may be permitted with a management agreement versus leasing out the license premises and the liquor license to another party. A licensee cannot lease their license to another entity who will be controlling the premises. The licensee must derive 25% of their gross sales of food and beverages from the sales of meals. The proposed arrangement would indicate the licensee was deriving 100 percent of its revenue from leasing out its licensed privileges. Transferring the license to R&R would be a solution, then Eaton Country Club could lease out the space. Another option would be for Eaton Country Club to keep the license but contract with R&T to manage it, with the revenue flowing to Eaton Country Club and payments made to R&R for their services. R&R can have a financial interest in multiple H&R and other retail licenses. The drafting in (13)(a) was poorly done, as (13)(b) goes on to list all the exceptions to (13)(a). Basically, removing all the exceptions, a wholesaler/importer/manufacturer can't have a financial interest in any retail license. I hope this helps clarify things. 3 James Alderden Investigations Supervisor Liquor & Tobacco Enforcement <http://goo.gl/zc1UiJ> 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 <mailto:patrick.maroney@state.co.us> <http://www.colorado.gov/revenue/liquor> www.colorado.gov/revenue/liquor On Fri, Sep 16, 2016 at 12:03 PM, Kelly Haralson - DOR <kelly.haralson@state.co.us <mailto:kelly.haralson@state.co.us> > wrote: Hey Jim if you're in the office can you respond to Cloe on this. I spoke to her yesterday about it and it sounds like she is reiterating her questions Kelly Haralson Colorado Liquor Enforcement Division Sent from my iPhone Begin forwarded message: From: Chloe Rempel <crempel@co.weld.co.us <mailto:crempel@co.weld.co.us>> Date: September 16, 2016 at 11:23:44 AM MDT To: "kelly.haralson@state.co.us <mailto:kelly.haralson@state.co.us>" <kelly.haralson@state.co.us <mailto:kelly.haralson@state.co.us> >, "DOR_LED@state.co.us <mailto:DOR_LED@state.co.us>" <DOR_LED@state.co.us <mailto:DOR_LED@state.co.us>> Cc: Frank Haug <fhaug@co.weld.co.us <mailto:fhaug@co.weld.co.us>>, Bruce Barker <bbarker@co.weld.co.us <mailto:bbarker@co.weld.co.us>>, Esther Gesick <egesick@co.weld.co.us <mailto:egesick@co.weld.co.us>> Subject: Eaton Country Club Liquor License 4 Hello, Liquor License: Eaton Country Club, DBA Eaton Country Club Liquor License Number: 14088390000 <tel:14088390000> Liquor License Type: Hotel and Restaurant / Optional (County) Eaton Country Club's previous Registered Manager (on the 2015 renewal form) was Brooke M. Speck. Brooke, apparently, ceased to be the Registered Manager in January of 2016. Erin M. Mohn-Miyler took over operations. Unfortunately, Eaton Country Club did not report this change. At my request, Erin submitted a Change of Manager form yesterday and is in the process of submitting the necessary supporting documents. Previously, Eaton Country Club has had a restaurant and bar, and they also have a beer cart that distributes to golfers within the optional premises. Eaton Country Club has decided to discontinue their restaurant and lease the space to R & R, LLC who will open their own restaurant, bar, and take over the beer cart. R & R, LLC currently owns an additional restaurant within Weld County that is licensed through the City of Greeley: R & R, LLC; DBA Outback, located at Boomerang Golf Course. The manager at that location, Bill Ramaglia, is the owner of R & R, LLC. The new restaurant at Eaton Country Club intends to open on October 5, 2016. Initially, R & R, LLC wanted to transfer the liquor license from Eaton Country Club to themselves. Now, R & R, LLC would like to leave the liquor license under Eaton Country Club, and leave Erin as the registered manager who would be responsible for ordering alcohol. I believe that this may be problematic because the contract lease between Eaton Country Club and R & R, LLC discontinues Eaton Country Club's control over the restaurant, bar, and beer cart. R & R, LLC owns the restaurant itself, and is just renting the property. If R & R, LLC holds the food license, then Eaton Country Club cannot hold the liquor license because with a Hotel and Restaurant Liquor License, over 25% of profit must come from the sale of food. Eaton Country Club will not be selling any food and will not be licensed to do so, so they cannot hold a Hotel and Restaurant Liquor License. I believe that they will have to complete a Transfer application to transfer the liquor license from Eaton Country Club to R & R, LLC. Is this correct? My second question arises from State liquor code 12-47-411. Item 13 A states, "It is unlawful for any owner, part owner, shareholder, or person interested directly or indirectly in a hotel and restaurant license to conduct, own either in whole or in part, or be directly or indirectly interested in any other business licensed pursuant to this article or article 46 of this title." Does this mean, "It is unlawful [that Bill Ramaglia and R & R, LLC] be interested directly or indirectly in a hotel and restaurant license, or to...own... any other business licensed [in this] article or article 46 of this title"? 12-47-411. Hotel and restaurant license - definition - rules. 5 (8) Each hotel and restaurant licensee shall manage or have a separate and distinct manager and shall register the manager of each liquor -licensed premises with the state and the local licensing authority. No person shall be a registered manager for more than one hotel and restaurant license. (9) The registered manager for each hotel and restaurant license or the hotel and restaurant licensee shall purchase alcohol beverages for one licensed premises only, and the purchases shall be separate and distinct from purchases for any other hotel and restaurant license. (10) When a person ceases to be a registered manager of a hotel and restaurant license, for whatever reason, the hotel and restaurant licensee shall notify the licensing authorities within five days and shall designate a new registered manager within thirty days. (11) Either the state or the local licensing authority may refuse to accept any person as a registered manager unless the person is satisfactory to the respective licensing authorities as to character, record, and reputation. In determining a registered manager's character, record, and reputation, the state or local licensing authority may have access to criminal history record information furnished by a criminal justice agency subject to any restrictions imposed by such agency. (12) The hotel and restaurant licensee shall pay a registration fee not to exceed seventy-five dollars to the state and to the local licensing authority for actual and necessary expenses incurred in establishing the character, record, and reputation of each registered manager. (13)(a) It is unlawful for any owner, part owner, shareholder, or person interested directly or indirectly in a hotel and restaurant license to conduct, own either in whole or in part, or be directly or indirectly interested in any other business licensed pursuant to this article or article 46 of this title. (b) Notwithstanding paragraph (a) of this subsection (13), an owner, part owner, shareholder, or person interested directly or indirectly in a hotel and restaurant license may conduct, own either in whole or in part, or be directly or indirectly interested in a license described in section 12-46-104 (1)(c), 12-47-401 (1)(j) to (1)(t), 12-47-401 (1)(v), or 12-47-410 (1) or in a financial institution referred to in section 12-47-308 (4). 12-47-401. Classes of licenses. (1) For the purpose of regulating the manufacture, sale, and distribution of alcohol beverages, the state licensing authority in its discretion, upon application in the prescribed form made to it, may issue and grant to the applicant a license or permit from any of the following classes, subject to the provisions and restrictions provided by this article: (a) Manufacturer's license; (b) Limited winery license; (c) Nonresident manufacturer's license; (d) Importer's license; (e) Malt liquor importer's license; (f) Wholesaler's liquor license; 6 (g) Wholesaler's beer license; (h) Retail liquor store license; (i) Liquor -licensed drugstore license; (j) Beer and wine license; (k) Hotel and restaurant license; (I) Tavern license; (m) Brew pub license; (n) Club license; (o) Arts license; (p) Racetrack license; (q) Public transportation system license; (r) Optional premises license; (s) Retail gaming tavern license; (t) Vintner's restaurant license; (u) Wine packaging permit; (v) Distillery pub license. Thank you for your consideration in this matter, Chloe A. Rempel Deputy Clerk to the Board of Commissioners 1150 O Street Greeley, CO 80631 / PO Box 758 tel: 970-400-4225 <tel:970-400-4225> <image003.jpg> 7 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. 8 Chloe Rempel From: Sent: To: Cc: Subject: Attachments: Hello, Chloe Rempel Wednesday, September 21, 2016 2:14 PM Dan Joseph; Deb Adamson; Bethany Pascoe; Jose Gonzalez; Paul Wood; Janet Lundquist; Roy Rudisill; Frank Haug Bruce Barker; Esther Gesick Liquor License - RNR LLC DBA McCarty's at Eaton Country Club Liquor License - RNR LLC - McCarty's at Eaton CC.pdf In accordance with the procedure for processing Transfer 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. Because RNR, LLC plans to open on October 5, 2016, I am asking to expedite the referral process. Included in the attached PDF: Temporary Permit for a Hotel and Restaurant/Optional Premises (County) — on Agenda for October 3, 2016 Transfer of Ownership for a Hotel and Restaurant/Optional Premises (County) — Agenda Date TBD County Dance Hall License — Agenda Date TBD Permit Application and Report of Changes to Register a Manager — Agenda Date TBD PLEASE RESPOND NO LATER THAN: September 29, 2016 Applicant: RNR, LLC, DBA McCarty's at Eaton Country Club File Location: LC0037 Thank you, Chloe A. Rempel Deputy Clerk to the Board of Commissioners 1150 O Street Greeley, CO 80631/PO Box 758 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: Cc: Subject: Chloe Rempel Wednesday, September 21, 2016 2:27 PM Frank Haug; Dan Joseph; Deb Adamson; Bethany Pascoe; Jose Gonzalez; Paul Wood; Janet Lundquist; Roy Rudisill Bruce Barker; Esther Gesick RE: Liquor License - RNR LLC DBA McCarty's at Eaton Country Club Thank you Frank! We put this application packet together in less than a week, so let me know if you have any questions. The current license is held by Eaton Country Club, DBA Eaton Country Club. Their license expires in November. Eaton Country Club no longer desires to own a restaurant or serve alcohol, so they have hired RNR, LLC to rent out the space in the Country Club and take over the restaurant/alcohol side of things. RNR, LLC will be responsible for all food and alcohol within the restaurant, as well as the beer cart that serves the golfers. RNR, LLC also currently owns Outback Pub and Grill at Boomerang Golf Course on the west side of Greeley. Chloe A. Rempel Deputy Clerk to the Board of Commissioners 1150 O Street Greeley, CO 80631 /PO Box 758 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. Original Message From: Frank Haug Sent: Wednesday, September 21, 2016 2:21 PM To: Chloe Rempel <crempel@co.weld.co.us>; Dan Joseph <djoseph@co.weld.co.us>; Deb Adamson <dadamson@co.weld.co.us>; Bethany Pascoe <bpascoe@co.weld.co.us>; Jose Gonzalez <jgonzalez@co.weld.co.us>; Paul Wood <pwood@co.weld.co.us>; Janet Lundquist <jlundquist@co.weld.co.us>; Roy Rudisill <rrudisill@co.weld.co.us> Cc: Bruce Barker <bbarker@co.weld.co.us>; Esther Gesick <egesick@co.weld.co.us> Subject: RE: Liquor License - RNR LLC DBA McCarty's at Eaton Country Club As a bit of background, Chloe has worked really hard on this, and she can correct me if I am wrong, but basically the country club is farming our their restaurant. Where it had previously been operated by the same company I think that ran the country club, now they are contracting out to RNR to do it for them. So procedurally this is really a transfer of ownership, but it is a whole new company, so we would probably want to check both on the previous issues with the 1 past operators, and the future operators. I think part of that is that RNR operates another restaurant somewhere in the county, Chloe can probably name it, but we may want to see if that place has had any issues as well. Frank N. Haug Assistant Weld County Attorney 1150 O Street Mailing Address: P.O. Box 758, Greeley, CO 80632 tel: (970) 356-4000 x4394 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. Original Message From: Chloe Rempel Sent: Wednesday, September 21, 2016 2:16 PM To: Dan Joseph <djoseph@co.weld.co.us>; Deb Adamson <dadamson@co.weld.co.us>; Bethany Pascoe <bpascoe@co.weld.co.us>; Jose Gonzalez <jgonzalez@co.weld.co.us>; Paul Wood <pwood@co.weld.co.us>; Janet Lundquist <jlundquist@co.weld.co.us>; Roy Rudisill <rrudisill@co.weld.co.us>; Frank Haug <fhaug@co.weld.co.us> Cc: Bruce Barker <bbarker@co.weld.co.us>; Esther Gesick <egesick@co.weld.co.us> Subject: Liquor License - RNR LLC DBA McCarty's at Eaton Country Club Hello, In accordance with the procedure for processing Transfer 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. Because RNR, LLC plans to open on October 5, 2016, I am asking to expedite the referral process. Included in the attached PDF: Temporary Permit for a Hotel and Restaurant/Optional Premises (County) — on Agenda for October 3, 2016 Transfer of Ownership for a Hotel and Restaurant/Optional Premises (County) —Agenda Date TBD County Dance Hall License — Agenda Date TBD Permit Application and Report of Changes to Register a Manager — Agenda Date TBD 2 Chloe Rempel From: Sent: To: Cc: Subject: Deb Adamson Wednesday, September 21, 2016 2:32 PM Chloe Rempel; Frank Haug; Dan Joseph; Bethany Pascoe; Jose Gonzalez; Paul Wood; Janet Lundquist; Roy Rudisill Bruce Barker; Esther Gesick RE: Liquor License - RNR LLC DBA McCarty's at Eaton Country Club Dan Joseph will officially reply but I've been working with the RNR folks and they have all their paperwork ready to go. We can't do the switch over on the retail food license prior to the actual change of ownership because if the deal falls through, we don't have any way to undo the change, so we wait until we are sure the deal stuck. However, I don't recall any issues with the Country Club or with Outback, either one. Dan will verify. Debra Adamson, MPH, CP-FS Consumer Protection Manager, Environmental Health Services Weld County Department of Public Health and Environment 1555 North 17th Avenue, Greeley, Colorado 80631 Tel: 970.400.2243 Fax: 970.304.6411 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: Wednesday, September 21, 2016 2:27 PM To: Frank Haug <fhaug@co.weld.co.us>; Dan Joseph <djoseph@co.weld.co.us>; Deb Adamson <dadamson@co.weld.co.us>; Bethany Pascoe <bpascoe@co.weld.co.us>; Jose Gonzalez <jgonzalez@co.weld.co.us>; Paul Wood <pwood@co.weld.co.us>; Janet Lundquist <jlundquist@co.weld.co.us>; Roy Rudisill <rrudisill@co.weld.co.us> Cc: Bruce Barker <bbarker@co.weld.co.us>; Esther Gesick <egesick@co.weld.co.us> Subject: RE: Liquor License - RNR LLC DBA McCarty's at Eaton Country Club Thank you Frank! We put this application packet together in less than a week, so let me know if you have any questions. The current license is held by Eaton Country Club, DBA Eaton Country Club. Their license expires in November. Eaton Country Club no longer desires to own a restaurant or serve alcohol, so they have hired RNR, LLC to rent out the space in the Country Club and take over the restaurant/alcohol side of things. RNR, LLC will be responsible for all food and 1 Chloe Rempel From: Sent: To: Cc: Subject: Jose Gonzalez Wednesday, September 21, 2016 2:41 PM Chloe Rempel; Dan Joseph; Deb Adamson; Bethany Pascoe; Paul Wood; Janet Lundquist; Roy Rudisill; Frank Haug Bruce Barker; Esther Gesick RE: Liquor License - RNR LLC DBA McCarty's at Eaton Country Club No concerns from Building Department Thank you Jose Gonzalez Asst Building Official Building Department 1555 N 17th Ave tel: 970-400-3533 jgonzalez@weldgov.com 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: Wednesday, September 21, 2016 2:16 PM To: Dan Joseph <djoseph@co.weld.co.us>; Deb Adamson <dadamson@co.weld.co.us>; Bethany Pascoe <bpascoe@co.weld.co.us>; Jose Gonzalez <jgonzalez@co.weld.co.us>; Paul Wood <pwood@co.weld.co.us>; Janet Lundquist <jlundquist@co.weld.co.us>; Roy Rudisill <rrudisill@co.weld.co.us>; Frank Haug <fhaug@co.weld.co.us> Cc: Bruce Barker <bbarker@co.weld.co.us>; Esther Gesick <egesick@co.weld.co.us> Subject: Liquor License - RNR LLC DBA McCarty's at Eaton Country Club Hello, In accordance with the procedure for processing Transfer 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. Because RNR, LLC plans to open on October 5, 2016, I am asking to expedite the referral process. Included in the attached PDF: 1 Chloe Rempel From: Sent: To: Cc: Subject: Chloe (and All), Paul Wood Wednesday, September 21, 2016 3:04 PM Chloe Rempel; Dan Joseph; Deb Adamson; Bethany Pascoe; Jose Gonzalez; Janet Lundquist; Roy Rudisill; Frank Haug Bruce Barker; Esther Gesick; Paul Wood; Sam Kaneta III RE: Liquor License - RNR LLC DBA McCarty's at Eaton Country Club I have received the request the Liquor License Application for RNR, LLC, DBA McCarty's at Eaton Country Club. I have reviewed our Records Management System (Spillman) for any law enforcement calls for service at the existing Eaton County Club, 37661 Weld County Road 39, Eaton, CO 80615. WCSO has had no significant law enforcement contact with the current establishment, nor has law enforcement had any significant contact with Mr. Ramaglia's other owned liquor establishment (RNC, LLC, DBA Outback Pub/Grill in Greeley) in the past 12 months. I also conducted a review for any law enforcement contacts with the Owner (William Ramaglia) and Manager (Paul T. Speck). Law enforcement has only had one contact with Mr. Ramaglia in the past 12 months; his Greeley business was the victim of a check fraud. I do not see any law enforcement contact with Mr. Speck in the last 12 months. At this time, the WCSO does not see any problems with the issuance of a liquor license to this business establishment. If you have any questions or concerns, please do not hesitate to contact me. Sergeant Paul Wood Animal Control/Municipal Policing/School Resource Units Weld County Sheriffs Office 1950 "O" Street, Greeley, CO 80631 pwood@co.weld.co.us Ofc: (970) 356-4015 Ext. 2838 Direct (970) 400-2838 Fax: (970) 304-6468 "be 5trong and Courageous." From: Chloe Rempel Sent: Wednesday, September 21, 2016 2:16 PM To: Dan Joseph; Deb Adamson; Bethany Pascoe; Jose Gonzalez; Paul Wood; Janet Lundquist; Roy Rudisill; Frank Haug Cc: Bruce Barker; Esther Gesick Subject: Liquor License - RNR LLC DBA McCarty's at Eaton Country Club Hello, In accordance with the procedure for processing Transfer 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 1 Chloe Rempel From: Sent: To: Cc: Subject: No concerns from OEM. Roy Roy Rudisill Wednesday, September 21, 2016 3:47 PM Chloe Rempel; Dan Joseph; Deb Adamson; Bethany Pascoe; Jose Gonzalez; Paul Wood; Janet Lundquist; Frank Haug Bruce Barker; Esther Gesick RE: Liquor License - RNR LLC DBA McCarty's at Eaton Country Club Roy Rudisill Director Office of Emergency Management 1150 O Street 970-304-6540 Office 970-381-0417 Cell 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: Wednesday, September 21, 2016 2:16 PM To: Dan Joseph <djoseph@co.weld.co.us>; Deb Adamson <dadamson@co.weld.co.us>; Bethany Pascoe <bpascoe@co.weld.co.us>; Jose Gonzalez <jgonzalez@co.weld.co.us>; Paul Wood <pwood@co.weld.co.us>; Janet Lundquist <jlundquist@co.weld.co.us>; Roy Rudisill <rrudisill@co.weld.co.us>; Frank Haug <fhaug@co.weld.co.us> Cc: Bruce Barker <bbarker@co.weld.co.us>; Esther Gesick <egesick@co.weld.co.us> Subject: Liquor License - RNR LLC DBA McCarty's at Eaton Country Club Hello, In accordance with the procedure for processing Transfer 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. Because RNR, LLC plans to open on October 5, 2016, I am asking to expedite the referral process. Included in the attached PDF: 1 Chloe Rempel From: Sent: To: Subject: Janet Lundquist Thursday, September 22, 2016 1:16 PM Chloe Rempel RE: Liquor License - RNR LLC DBA McCarty's at Eaton Country Club Public Works does not have any comments at this time. 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: Wednesday, September 21, 2016 2:16 PM To: Dan Joseph; Deb Adamson; Bethany Pascoe; Jose Gonzalez; Paul Wood; Janet Lundquist; Roy Rudisill; Frank Haug Cc: Bruce Barker; Esther Gesick Subject: Liquor License - RNR LLC DBA McCarty's at Eaton Country Club Hello, In accordance with the procedure for processing Transfer 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. Because RNR, LLC plans to open on October 5, 2016, I am asking to expedite the referral process. Included in the attached PDF: Temporary Permit for a Hotel and Restaurant/Optional Premises (County) — on Agenda for October 3, 2016 Transfer of Ownership for a Hotel and Restaurant/Optional Premises (County) — Agenda Date TBD County Dance Hall License — Agenda Date TBD Permit Application and Report of Changes to Register a Manager — Agenda Date TBD 1 Chloe Rempel From: Sent: To: Cc: Subject: Attachments: Chloe, Dan Joseph Monday, September 26, 2016 3:13 PM Chloe Rempel Deb Adamson; Cindy Salazar RE: Liquor License - RNR LLC DBA McCarty's at Eaton Country Club Eaton Country Club Liquor License Inquiry 2016.doc No issues with this facility (we have received the change of ownership paperwork- just waiting to process it to ensure deal goes through). No complaints or issues with the Country club or with Outback who is taking them over. Let me know if you have any questions. Please see attached. Thanks, Dan Dan Joseph CP-FS Food Program Coordinator Weld County Department of Public Health and Environment 1555 North 17th Avenue Greeley, CO 80631 phone: 970.304.6415 x 2206 fax: 970.304.6411 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: Wednesday, September 21, 2016 2:16 PM To: Dan Joseph; Deb Adamson; Bethany Pascoe; Jose Gonzalez; Paul Wood; Janet Lundquist; Roy Rudisill; Frank Haug Cc: Bruce Barker; Esther Gesick Subject: Liquor License - RNR LLC DBA McCarty's at Eaton Country Club Hello, In accordance with the procedure for processing Transfer 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 1 Memorandum TO: Chloe Rempel FROM: Dan Joseph SUBJECT: Liquor license inquiry DATE: September 26, 2016 CC: Cindy Salazar; Debra Adamson In response to your request, Environmental Health Services has reviewed the Retail Food Service Establishment file for RNR LLC dba McCarty's at Eaton Country Club, located at 37661 CR 39, in Eaton, Colorado. At this time, there are no problems or concerns regarding this establishment. Should you have any questions regarding this matter, please contact me via e-mail at djoseph@co.weld.co.us or by phone at 970-304-6415 extension 2206. Thank you. Dan Joseph Environmental Specialist III Chloe Rempel From: Sent: To: Subject: Attachments: Bethany Pascoe Monday, October 03, 2016 8:00 AM Chloe Rempel RE: Liquor License - RNR LLC DBA McCarty's at Eaton Country Club memo.2016.doc I do not see where I actually sent this back to you, but no issues with Planning... Bethany Pascoe Zoning Compliance Officer II Department of Planning Services 1555 N 17th Ave, Greeley, Co 80631 970-400-3555 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: Wednesday, September 21, 2016 2:16 PM To: Dan Joseph <djoseph@co.weld.co.us>; Deb Adamson <dadamson@co.weld.co.us>; Bethany Pascoe <bpascoe@co.weld.co.us>; Jose Gonzalez <jgonzalez@co.weld.co.us>; Paul Wood <pwood@co.weld.co.us>; Janet Lundquist <jlundquist@co.weld.co.us>; Roy Rudisill <rrudisill@co.weld.co.us>; Frank Haug <fhaug@co.weld.co.us> Cc: Bruce Barker <bbarker@co.weld.co.us>; Esther Gesick <egesick@co.weld.co.us> Subject: Liquor License - RNR LLC DBA McCarty's at Eaton Country Club Hello, In accordance with the procedure for processing Transfer 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. Because RNR, LLC plans to open on October 5, 2016, I am asking to expedite the referral process. Included in the attached PDF: Temporary Permit for a Hotel and Restaurant/Optional Premises (County) — on Agenda for October 3, 2016 Transfer of Ownership for a Hotel and Restaurant/Optional Premises (County) — Agenda Date TBD County Dance Hall License — Agenda Date TBD 1 MEMORANDUM To: Chloe Rempel, Deputy Clerk to the Board September 23, 2016 From: Bethany Pascoe, Zoning Compliance Officer, Dept. of Planning Services Subject: LC0037 Review of the following liquor license transfer by the Department of Planning Services shows the following: 14-08839-0000 RNR, LLC Dba: McCarty's at Eaton Country Club 37661 Weld County Road 39 PO Box 240 Eaton, CO 80615-0240 Zone District: A (Agricultural) This use is permitted through a Use by Special Review permit (USR-1241). No violations are occurring on the property at this time. SERVICE, TEAMWORK, INTEGRITY, QUALITY Hello