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HomeMy WebLinkAbout20160880.tiffRESOLUTION RE: APPROVE TEMPORARY PERMIT FOR A HOTEL AND RESTAURANT LIQUOR LICENSE FOR RINN VALLEY, LLLP, DBA OLE HICKORY SMOKEHOUSE AND TAVERN, 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, Rinn Valley, LLLP, dba Ole Hickory Smokehouse and Tavern, 3815 State Highway 119, Longmont, Colorado 80504, presented to the Board of County Commissioners of Weld County, Colorado, an application for a Transfer of Ownership of a Hotel and Restaurant 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 Rayhel Enterprises, LLC, dba Ole Hickory Smokehouse and Tavern, 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, Rinn Valley, LLLP, dba Ole Hickory Smokehouse and Tavern has complied with all of the conditions set forth in said Section, and WHEREAS, Rinn Valley, LLLP, dba Ole Hickory Smokehouse and Tavern 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 Tavern Liquor License and having considered said request for a temporary permit, does hereby grant Rinn Valley, LLLP, dba Ole Hickory Smokehouse and Tavern, 3815 State Highway 119, Longmont, Colorado 80504, a Temporary Permit to conduct business and sell malt, vinous and spirituous liquors for consumption by the drink on the premises only, at said location in accordance with the license previously held by Rayhel Enterprises, LLC, dba Ole Hickory Smokehouse and Tavern, 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. de: So (Ao), p/. `l�ll�201(� 2016-0880 LC0014 TEMPORARY PERMIT FOR A HOTEL AND RESTAURANT LIQUOR LICENSE - OLE HICKORY SMOKEHOUSE AND TAVERN PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of March, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: C/;ves Weld County Clerk to the Board y Clerk to he Board Date of signature: 3/09 Tru -L Mike Freeman, Chair Steve Moreno 2016-0880 LC0014 PLEASE POST NEAR EXISTING LICENSE TO WHOM IT MAY CONCERN: On the 9th day of March, 2016, Rinn Valley, LLLP, dba, Ole Hickory Smokehouse and Tavern, submitted an application for a Transfer of Ownership for a Hotel and Restaurant License, with said license previously being held by Rayhel Enterprises, LLC, dba Ole Hickory Smokehouse and Tavern, and expiring on March 9, 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 3815 State Highway 119, Longmont, Colorado 80504, under a Temporary Permit which has been approved by the Board on March 9, 2016. This Temporary Permit allows Rinn Valley, LLLP, dba Ole Hickory Smokehouse and Tavern, 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 Rayhel Enterprises, LLC, dba Ole Hickory Smokehouse and Tavern, 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 336-7215, 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/RM cc: Sheriffs Office Liquor Enforcement Officer 2016-0880 LC0014 DR 8404 (04/27/15) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division (303) 205-2300 Colorado Liquor Retail License Application ❑ New License • New -Concurrent Transfer of Ownership • 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 $ 1. Applicant is applying as a/an ❑ Individual ❑ Corporation ❑ Limited Liability Company csi Partnership (includes Limited Liability and Husband and Wife Partnerships) ❑ Association or Other 2. A scant If'a'��LC, name of LLC; if partnership, at least 2 partner's names; if corporation, name of corporation vitr y LUG' FEIN Number e(-14( R04-3 Business Telephone .3-7g-Rloo 2a.Trade Name of Establishment (DBA) 0LE 1-11e,14Oi2:-/ 6ry)0 l F AN rcIVER.Ni State Sales Tax Number 2881 zo%1 3. Address of Premises (specify exact location of premises, include suite/unit numbers) X6 5rirrp Hwy, I(Cr City lBAST County W State CO ZIP Code eo0-04 4. Mailing Address (Number and Street) ,3816 5 rAT� tit) `L I lot City or Town t ord GmO13T State Co ZIP Code e0o 5. Email Address plc @/ rP C9LoRi-Dvt Coll 6. If the premises currently has a liquor or beer license, you must answer the following questions Present Trade Name of Establishment (DBA) Oct 1410,142g.1 O04&tIo - kt\I b TA-VE,2rJ Present State License Number 47bg Pot3 Present Class of License f-fo7c i,+&A t' Present Expiration Date 03-061- Ito, Section A Nonrefundable Application Fees Section B Cont.) Liquor License Fees • Application Fee for New License $ 600.00 • Application Fee for New License w/Concurrent Review$ 700.00 ►: Application Fee for Transfer $ 600.00 • Liquor Licensed Drugstore (City) $227.50 • Liquor Licensed Drugstore (County) $312.50 • Manager Registration - H & R $ 75.00 • Manager Registration - Tavern $ 75.00 • Master File Location Fee $ 25.00 X Total Section B Liquor License Fees • Add Optional Premises to H & R $100.00 X Total • Master File Background $250.00 X Total • Add Related Facility to Resort Complex $ 75.00 X Total • Optional Premises License (City) $500.00 ■ Optional Premises License (County) $500.00 Li 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 • Arts License (City) $308.75 • Arts License (County) $308.75 • Beer and Wine License (City) $351.25 • Beer and Wine License (County) $436.25 II 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 Questions? Visit: vwvw.colorado.govienforcemenbliquorfor 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/enforcement/liquorfor more information Items submitted, please check all appropriate boxes completed or documents submitted I. Applicant information A. Applicant/Licensee identified i;:l B. State sales tax license number listed or applied for at time of application El C. License type or other transaction identified Ntil D. Return originals to local authorit/y> 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" Nil B. Dimensions included (does not have to be to scale). Exterior areas should show type of control (fences, walls, entry/exit 0 points, etc.) El C. Separate diagram for each floor (if multiple levels) al D. Kitchen - identified if Hotel and Restaurant Ng 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 .E A. Individual History Records(s) (Form DR 8404-I) Nca 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) NK2 A. Certificate of Incorporation dated stamped by the Secretary of State B. Certificate of Good Standing \ NI C. Certificate of Authorization if foreign corporation ‘w-i. 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) 'l A. Copy of articles of organization (date stamped by Colorado Secretary of Stpte's Office) NO B. Certificate of Good Standing C. Copy of operating agreement NE D. Certificate of Authority if foreign company IX. Manager registration for hotel and restaurant, tavern licenses when included with this application • A. $75.00 fee • B. Individual History Record (DR 8404-I) • C. If owner is managing, no fee required 2 7. Is 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 under the age of twenty-one years? Yes No • , 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? (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. ■ ►= ■ ►e. ■ El 9. Has a liquor license application (same license class), that was located within 500 feet of the proposed premises, been denied within the 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 law, or the principal campus of any college, university or seminary? Waiver Other: of Colorado by local ordinance? • Q. or • ■ 11. Has a liquor or beer license ever been issued to the Limited Liability Company; or officers, stockholders current financial interest in said business including applicant (including any of the partners, if a partnership; members or manager if a or directors if a corporation)? If yes, identify the name of the business and list any any loans to or from a licensee. • g 12. Does the Applicant, as listed on line 2 of this application, arrangement? have legal possession of the premises by virtue of ownership, lease or other Detail) ■ • • Ownership Eg Lease ■ Other (Explain in a. If leased, list name of landlord and tenant, and date of expiration, exactly as they appear on the lease: Landlord itilbff Ei ITFAZP12.15�5 1,1--C,f�iN Tenant , J NVA-t.t.6 Y LI-L P Expires OZ -Z8 -2o& I b. Is a percentage of alcohol sales included as compensation to the landlord? If yes complete question 13. ■ Igl 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". 13. 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 SS Interest/Percentage Last Name AAA First Name / /4/ti Date pf Birth /JP FEIN or SS IJ/A Interest/ ercentage d /1 Attach copies of all notes and security instruments, and any written agreement, or details of any oral agreement, by which any person (including partnerships, corporations, limited liability companies, etc.) will share in the profit or gross proceeds of this establishment, and any agreement relating to the business which is contingent or conditional in any way by volume, profit, sales, giving of advice or consultation. 14. Optional Premises or Hotel and Restaurant Licenses with Optional Premises: Has a local ordinance or resolution authorizing optional premises been adopted? Number of additional Optional Premise areas requested. (See license fee chart) 15. 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. ■ 16. 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? (b) Is the applicant organization a regularly chartered branch, lodge or chapter of a national organization which is operated solely for the object of a patriotic or fraternal organization or society, but not for pecuniary gain? (c) How long has the club been incorporated? (d) Has applicant occupied an establishment for three years (three years required) that was operated solely for the reasons stated above? ■ gl • to ■ Cgi 17. Brew -Pub License or Vintner Restaurant Applicants answer the following: (a) Has the applicant received or applied for a Federal Permit? (Copy of permit or application must be attached) ■ zi 18a. 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) Last Name of Manager 11/1004 First Name of Manager 14142.1 Date of Birth o7- 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 IJ/Pr Type of Licens% Account Num4 n this application and including its partners, officers, direectors, 19. Tax Distraint Information. Does the applicant or any other person listed on t s app cat 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. ■ rg 3 20. 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 sfiR.�y 1' n(1OO i• Home Address, City & State ii66.3 Cou.wve/ CtU , "14o1240tbN Co, DOB 07- Position &- azr %Owned + Name J41j4RiI,i � E4;EL4 Home Address, City & State / e�iE�6s1flEDFL �,W. DOB Di- & G +,mac PA0 % Owned me ,. f/Mlifgiti III, 6406,KA 17 ome Address, City & State &C010 0101276116451Dt DA. eR.) � C.Q. DOB tgaa ll 4Z % Owned q0 ame Home Address, City & State DOB Position % Owned Name Home Address, City & State DOB Position % Owned " If Applicant is owned 100% by a parent company, please list the designated principal officer on question #20 ** Corporations - The President, Vice -President, Secretary and Treasurer must be accounted for on question #20 (Include ownership percentage if applicable) ** If total ownership percentage disclosed here does not total 100%, applicant must check this box: 21 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. Oath Of Applicant I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best of my knowledge. I also acknowledge that it is my responsibility and the responsibility of my agents and employee to comply with the provisions of the Colorado Liquor or Beer Code which affect my license. Authorize ignature /` Printed Name and Title L1RR.`i T. Wicio,J G ,zicti, 9' -fix( Date a5 -04 --IL eport and Approval of Local Licensing Authority (City/County) ate applic on filed with local authority 3/44/V -0/(p 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 Local Licensing Authority Hereby Affirms that each person required to file 1:1Been fingerprinted ''g Been subject to background investigation, including NCIC/CCIC check for That the local authority has conducted, or intends to conduct, an inspection of compliance with, and aware of, liquor code provisions affecting their class of (Check One) ';0 Date of inspection or anticipated date DR 8404-I (Individual History Record) has: outstanding warrants the proposed premises to ensure that the applicant is in license licensing authority • Will conduct inspection upon approval of state 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 ■ Town, City • County Signature Print Title Date Signature (attest) Print Title Date 4 3ainn "?7'allep, lily A Colorado LimitedLia6iCity Limited -Partnership ni 5. En m CD N y 0 g CD y g P+ aa) H •-ci ri to~ R.. � x1 .4.4 P a) m .-4 1.4 • a 74 a '-› o , A 1.4 a) a 0 a ,I+ o td U 04 0 4R o 0 "a. U O 0 ff4 )4 1.4 U • O 0 4"+ 1--I m a) U 4-44 ›' o 6. a) 01 � ▪ 04 p0 1 t' o •.• 4.4-i 1.1 -N w fi S'1 o 4.1 .r O W r N a a „:0,, i .E gw ria a, U a▪ > N O m .40 • 02 ..sa 0 v a, U O1 "'C3 042 td a O 0 Adel) February 11, 2016. 3.inn Valley, h ip Al Colorado Limited Liability Limited -Partnership Certificate No. 2 for 6% Partnership Interest ..4 0 O w m o ya 'ODH .4 O RI w a) 42 G? Otu k v O 44 i.441) ~ U O N DN "IS �rdd —0 a $:14 a w U N 0 O O CD a0 04 g oCIS Z P.O O 2 4" .-t+ v m 4-) U 1 ro a 0 '- A+ 41 1 0Da O m O m 0 iil >; Q et F.4 � N , _ VA Po .! 1 i N a) O a) N ..r O ea •'d • • oa 9D O -01 tad 01 m U ..sa a O U U Yoot d o► h4 LI 7-4 0 N 3&inn Valle!), liep, iiip +' CS 0 IA • .. 4.+ 413 O Li) 'F r4 .- an '74,� 3 f..1. 14 0 a c g i...o .A, ? to 1.4 a) a 0O 2, a 0 0 (d V A+ :71 a ° O w N 0 404 ti ° 0 , V ` 4J U 0 GQ U • 1 '6+40 ° 28 CO W ' / 0 ° g o roo cu y a L.% Z W 'in v -g td g o G •V w v U m " m .,., y ° 0 • , . -F+ .h4 ra 0 %i V T4i •1••0 ›N V �./ W ° ' A d 11,4 0 e�. '� w, N tie ..14 °a a) po I, :,-1 A ;Data February 11, 2016. AFFIDAVIT OF AUTHORITY OF THE GENERAL PARTNER of RINN VALLEY, LLLP On my oath and under the penalties of perjury, I swear that I am a duly elected and au- thorized Managing General Partner of RINN VALLEY, LLLP, a Colorado Limited Liability Limited Partnership. I certify that I have not been removed as an Managing General Part- ner and have the authority to act for and to bind RINN VALLEY, LLLP in the transaction of the business for which this affidavit is given as affirmation of my authority. RINN VALLEY, LLLP STATE OFCOLORADO COUNTY OF BOULDER By: '!��--� • //��--'' mas Moon, G eral Partner ] ss ] Sworn and subscribed before me by of Larry Thomas Moon, on n7a.4G(- 4/ do/ . My commission expires 04) otary Public otary Public LEAHANN RENCK NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19974010092 MY COMMISSION EXPIRES 06/04/2017 Phone 303 • 776 • 4045 HOPP & ASSOCIATES, PC 353 Main Street, Longmont, Colorado 80501 Fax 866 • 581 • 9037 -Flied 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: 02/25/2016 01:02 PM ID Number: 20161102801 Document number: 20161142105 Amount Paid: $10.00 ABOVE SPACE FOR OFFICE USE ONLY Statement of Change Changing the Principal Office Address filed pursuant to § 7-90-305.5 and § 7-90-705 of the Colorado Revised Statutes (C.R.S.) 1. The entity ID number and the entity name, or, if the entity does not have an entity name, the true name are Entity ID number 20161102801 (Colorado Secretary of State ID number) Entity name or True name Rinn Valley, LLLP 2. The entity's principal office address has changed. Such address, as changed, is Street address Mailing address (leave blank if same as street address) (Street number and name or Post Office Box information) 3815 State Hwy. 119 (Street number and name) Longmont CO 80504 (City) (State) (ZIP/Postal Code) United States (Province — if applicable) (C«mby) (City) (Province — if applicable) 3. (If applicable, adopt the following statement by marking the box and include an attachment.) O This document contains additional information as provided by law. (State) (ZIP/Postal Code) (County) 4. (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/ddfyyyy 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 CHANGE POA Page 1 of 2 Rev. 12/01/2012 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. 5. The true name and mailing address of the individual causing this document to be delivered for filing are Moon Larry Thomas (Last) (First) Ofiddle) (Suffix) 12863 Columbine Cir. (Street number and name or Post Office Bar information) Longmont CO 80241 (City) (State) (ZIP/Postal Code) United States . (Province — if applicable) (Country) (If applicable, adopt the following statement by marking the box and include an attachment.) O 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 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 POA 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, Rinn Valley, LLLP is a Limited Liability Limited Partnership formed or registered on 02/11/2016 under the law of Colorado, has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number 20161102801 . This certificate reflects facts established or disclosed by documents delivered to this office on paper through 02/10/2016 that have been posted, and by documents delivered to this office electronically through 02/11/2016 @ 10:25:31 . 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 02/11/2016 @ 10:25:31 in accordance with applicable law. This certificate is assigned Confirmation Number 9498249 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, hnp:lio vw cos.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:// wwws03 Sta(e .c'o.u.s/ click "Businesses, trademarks, trade names" and select "Frequently Asked Questions." 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. -Filed Colorado Secretary of State Date and Time: 02/11/2016 10:23 AM ID Number: 20161102801 Document number: 20161102801 Amount Paid: $50.00 ABOVE SPACE FOR OFFICE USE ONLY Certificate of Limited Partnership and Statement of Registration to Register as a Limited Liability Limited Partnership filed pursuant to § 7-62-201 and § 7-60-144 or § 7-64-1002 of the Colorado Revised Statutes (C.R.S.) 1. The name that has been the true name of the domestic limited partnership is Rinn Valley, LP (The name of a limited partnership must contain the term or abbreviation "limited partnership" "limited", "company", "Lp.", " "lp" "lid "or "co.". See §7-90-601, C.R.S.) 2. The domestic entity name of the limited liability limited partnership is Rinn Valley, LLLP (The name of a limited liability limited partnership must contain the term or abbreviation "limited partnership", "limited", "company", "limited liability limited partnership", "registered limited liability limited partnership", "l p. ", "1p", ", "co.", "l.l.lp. ", "lllp ", "LTD.", "r.l.l.lp. " or "rlllp ". See §7-90-601, C.R.S.) (Caution: The use of certain terms or abbreviations are restricted by law. Read instructions for more information.) 3. The principal office address of the limited liability limited partnership's principal office is Street address 12863 Columbine Circle Mailing address (leave blank if same as street address) (Street number and name or Post Office Box information) (Street number and name) Thornton CO 80241 (City) (State) (ZIP/Postal Code) United States (Province — if applicable) (Country) (City) (State) (ZIP/Postal Code) (Province — if applicable) (Country) 4. The registered agent name and registered agent address of the limited liability limited partnership's registered agent are Name (if an individual) Moon Larry T or (if an entity) (Last) (First) (Caution: Do not provide both an individual and an entity name.) Street address 12863 Columbine Circle (Middle) (Suffix) (Street number and name) COMBO Page 1 of 3 Rev. 12/01/2012 Mailing address (leave blank if same as street address) (Street number and name or Post Office Box information) Thornton (City) CO 80241 (State) (ZIP/Postal Code) (City) CO (State) (The following statement is adopted by marking the box.) ❑✓ The person appointed as registered agent has consented to being so appointed. 5. The true name and mailing address of the general partner are Name (if an individual) Moon or (if an entity) (Caution: Do not provide both an individual and an entity name.) Larry T (ZIP/Postal Code) (Last) (First) (Middle) (Suffix) Address 12863 Columbine Circle (Street number and name or Post Office Box information) Thornton CO 80241 (City) (State) (ZIP/Postal Code) United States (Province — if applicable) (Country) (If the following statement applies, adopt the statement by marking the box and include an attachment.) O The limited partnership has one or more additional general partners and the name and mailing address of each additional general partner are stated in an attachment. 6. (The following statement is adopted by marking the box.) (l There are at least two partners in the partnership, at least one of whom is a limited partner. 7. (If the following statement applies, adopt the statement by marking the box and include an attachment.) O This document contains additional information as provided by law. 8. (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 is/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 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 COMBO Page 2 of 3 Rev. 12/01/2012 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. 9. The true name and mailing address of the individual causing the document to be delivered for filing are Hopp Walter J (Last) (First) (Middle) (Suffix) Hopp & Associates PC (Street number and name or Post Office Box information) 353 Main Street Longmont CO 80501 (City) (State) (ZIP/Postal Code) United States . (Province — if applicable) (Country) (If the following statement applies, adopt the 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 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). COMBO Page 3 of 3 Rev. 12/01/2012 SALE OF ASSETS AGREEMENT This sale of business assets agreement ("Agreement") is between Smokehouse Enterprises, LLC and Rayhel Enterprises (collectively, the "Sellers") and JZ�NI�i V 'f-�. (or assigns), (the "Purchaser"). In consideration of the mutual covenants and agreements contained in this Agreement, the Purchaser agrees to purchase and the Sellers agree to sell all of their Membership Interest in Smokehouse Enterprises, LLC all furniture, fixtures, inventory, equipment, intellectual property, signs, and goodwill ("personal property") belonging to Sellers and used in the operation of a business known as Ole Hickory Smokehouse & Tavern and located at 3815 Highway 119, Longmont, Colorado 80504. A list of the equipment being acquired is attached as Exhibit A. The inventory being acquired is what is on hand as of the night before the day of Closing. The purchase and sale shall be upon the following terms and conditions: A PURCHASE PRICE 1. The purchase price shall be $20,000.00: a) Pursuant to the requirements of Internal Revenue Service Form 8594, that amount shall be apportioned as follows: (i) $10,000.00 plus the price of inventory for the furniture, equipment, intellectual property, signs, inventory and fixtures; (ii) $10,000.00 for the Membership Interest in the LLC, and the business as a going concern, including the goodwill. (iii)Inventory is included in the purchase price. (iv)Intellectual property shall include all business telephone numbers, all Internet advertising, including web pages, all social media, and the name "Ole Hickory Smokehouse & Tavern." b) The purchase price shall be paid as follows: Cash on the day of Closing. B CONTINGENCY 1. This Agreement is expressly contingent upon all of the following: Seller shall pay all outstanding bills on or before Closing. 2. Should this contingency fail to occur, this Agreement shall terminate. The failure of any contingency expressly relieves Purchaser from his obligations under this Agreement and shall not constitute a breach on the part of either party. C CLOSING The closing shall be held at such date, place and time as may be determined by mutual agreement of the Sellers and Purchaser. D SELLERS' WARRANTIES 1. Sellers warrant that at time of closing, they will be in full and lawful possession of the Membership Interest, furniture, fixtures, inventory, equipment, and signs; that Sellers hold good and lawful title to the same; that Sellers have the right to transfer the same to Purchaser and; that Sellers will transfer the same to Purchaser free and clear of all liens and encumbrances of whatever kind or nature and will warrant and forever defend Purchaser's title to the same. 2. Sellers warrant and represent that there are no suits or judgments against the Sellers their properties or businesses, nor do Sellers know or have any basis of knowing of any suit or proceeding presently instituted against Sellers, the personal property or the business. Sellers agree to pay any claim or judgment and all costs or attorney's fees incurred by Purchaser as a result thereof, and to save and hold the Purchaser harmless from the same. 3. Sellers agree to pay and promptly discharge all sales tax, employee withholding tax, FICA tax and any other taxes attributable to the business which are now due and owing, or which may become due and owing prior to closing. Sellers further agree to hold Purchaser harmless from and against any liability for the payment of any taxes, or any penalties or interest due or to become due as a result of the taxes. Sellers warrant that there are no tax liens of any kind, whether Federal, State, County, City or any other kind, presently pending against any of Sellers' property being sold. Sellers further warrant that they have filed all necessary State and Federal Income Tax Returns and all necessary reports and returns for all other taxes to the Federal, State, County and City governments. Sellers have fully paid and discharged, or will fully pay and discharge, all taxes accrued up to date of closing. Personal property taxes on the personal property being sold, however, shall be prorated to date of Closing based upon the 2013 tax statement which shall be a final statement. 4. If, at any time after Closing, there is asserted against Purchasers any liability, suit, claim or demand, for anything that occurred prior to Closing, the Sellers shall, upon receiving written notice, defend the same at their own cost and expense. Sellers may make settlement, pay or discharge the same, or otherwise exonerate Purchasers therefrom, but only to the extent that the liability, suit, claim or demand arose out of matters relating to the conduct of the business prior to closing and while the business was in the possession of Sellers. This provision is not intended to be for the benefit of any third party and no person not a party to this Agreement shall have any right to an action against the Sellers. 5. Without in any way limiting or diminishing the warranties, representations or covenants contained in this Agreement, or the rights or remedies available to the Purchasers for breach of this Agreement, Sellers hereby agree to hold Purchasers harmless from and against all loss, liability, damages, or expenses arising out of any claims, demands, penalties, fines, taxes, or other loss resulting directly or indirectly from the assertion against Purchasers or the personal property of claims arising before the closing date. encumbrance shall constitute a defect in Sellers' title to the personal property, which defect shall be remedied by Sellers in accordance with the provisions above. 3. Accounts Receivable and Accounts Payable. As of the date of closing all receivables and all obligations shall be prorated to the respective parties and accounted for in accordance with generally accepted accounting principals. 4. Continued Operation of the Business. Sellers agree that between the date of execution of this Agreement and closing, they shall continue the ordinary and regular conduct of the business and that there will be no substantial modification of the financial condition of the business except as will occur in the ordinary and regular conduct thereof. a) Sellers shall make no change in the usual business hours and shall keep the business functioning as an on -going concern as that term is usually employed in the same business or industry. Sellers shall keep the inventory at normal operating levels up to closing. b) Specifically, Sellers agree that Sellers will continue to employ all existing employees of the business and will make no current or prospective change in such employee's salary or hourly rate of pay, benefits, or vacation or sick leave allowances. Sellers are free to terminate employees for business purposes. c) Further, all costs of operation shall remain at existing levels, to the extent that the same are controlled by Sellers. d) Further, Sellers agree that they will not incur any debts in the operation of the business except those normally incurring in the ordinary course of business operations, or unless Purchasers' express permission therefore is first obtained. 5.. Covenant Not to Compete. Sellers covenant and agree with Purchaser that a) For a period of three years from the date of closing, Sellers shall not, directly or indirectly, request or advise any customer of any business operated by Purchaser to withdraw, curtail or cancel business with Purchaser. b) For a period of three years from the date of closing, Sellers shall not, directly or indirectly induce or attempt to influence any employee of any business operated by Purchaser to terminate his or her employment. 6. For a period of three years from the date of closing, Sellers shall not, directly or indirectly, engage in the operation of a competing business within 3o radius miles from the location of the business. The prohibition of this section shall include employment as a clerk, manager, consultant, or advisor to any competing business, as well as the ownership of any interest therein. The parties acknowledge that, if Sellers, or any of them shall violate any of the provisions of the above covenant not to compete, Purchaser shall have, in addition to any action for damages, the right to seek and obtain injunctive relief. ♦ 'y 7. Terms and Conditions. The parties hereto acknowledge that they have carefully read and thoroughly understand the terms and conditions of this Agreement and that it contains the entire understanding pursuant to which the parties have entered into this Agreement. The results of all their negotiations have been merged in this Agreement and Purchaser and Sellers accept the terms and conditions hereof and in all respects are and agree to be bound thereby. 8. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the respective parties hereto, their heirs, administrators, successors and assigns. 9. Jurisdiction. The terms of this Agreement shall be construed and determined in accordance with the laws of the State of Colorado. 10. Venue. In the event any action at law or any suit in equity shall be commenced by any party hereto for the enforcement of any of the terms hereof, venue for such action shall lie in the District or County Court in and for the County of Boulder and State of Colorado. ii. Survival. All unperformed covenants, conditions and agreements contained in this Agreement shall survive the closing. 12. Entire Agreement. This Agreement contains the entire agreement between the parties and any future agreement hereinafter made between them shall be ineffective to change, waive, release, discharge, terminate or effect an abandonment of this Agreement, in whole or in part, unless such future agreement is in writing and signed by the parties. 13. Waiver. No consent, express or implied, to any breach of any one or more of the covenants and agreements hereof shall be deemed to be a waiver of any other or succeeding breach. 14. Attorney's Fees. In any legal action involving this Agreement, including the recapture of the licenses in a default, the prevailing party shall be awarded reasonable attorney fees and costs. In witness whereof, the parties have executed this agreement this 12th day of February, 2s b. Sellers Rayhel Enterprises, LLC €ndivally Purchaser 'i+Q 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. -Filed Colorado Secretary of State Date and Time: 02/22/2016 10:37 AM ID Number: 20161119531 Document number: 20161119531 Amount Paid: $20.00 ABOVE SPACE FOR OFFICE USE ONLY Statement of Trade Name of a Reporting Entity filed pursuant to §7-71-103 and §7-71-107 of the Colorado Revised Statutes (C.R.S) 1. For the reporting entity delivering this statement, its ID number, true name, form of entity and the jurisdiction under the law of which it is formed are ID Number 20161102801 True name Form of entity Jurisdiction (Colorado Secretary of State ID number) Rinn Valley, LP Limited Liability Limited Partnership Colorado 2. The trade name under which such entity transacts business or conducts activities or contemplates transacting business or conducting activities in this state is Ole Hickory Smokehouse and Sports Tavern 3. A brief description of the kind of business transacted or activities conducted or contemplated to be transacted or conducted in this state under such trade name is Restaurant and Tavern 4. (If the following statement applies, adopt the statement by marking the box and include an attachment.) n This document contains additional information as provided by law. 5. (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. TRDNM_RE Page 1 oft Rev. 12/01/2012 6. The true name and mailing address of the individual causing this document to be delivered for filing are Moon Larry Thomas (Last) (First) (Middle) (Suffix) 12863 Columbine Circle (Street number and name or Post Office Box information) Thornton CO 80241 (City) (State) (Postal/Zip Code) United States . (Province — ifappiicable) (Country — tfnot US) (If the following statement applies, adopt the statement by marking the box and include an attachment.) fl 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 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). TRDNM_RE Page 2 of 2 Rev. 12/01/2012 PO Box 758 Greeley CO 80632 RECEIPT RECEIVED FROM ADDRESS FOR LYQ MONEY ORDER tMEQK *. 3 _ so RECEIPT 0 -o o RECEIVED FROM U,,-., m° co A DRESS c o°2°O -cNU Ytpi � U o o CD mO2 va.c� PO Box 758 Greeley CO 80632 DATE .�%1i/!(0 BY DATE •441 io10up NO. 88607 NO. 88608 FOR Y-i?th, Npli 6 RECEIP RECEIVED FROM ADDRESS lam'- v�llLt�iL( � FOR IJDi Pn��wL_ i,5015: 0 � 11 1OP ���I► 0 Pa)i4 BY 4/1 DATE 3I14!cl&0 A. DON BC-if NO. 88609 r 1t. DR 8404-I (03/13/15) 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 or Tavern 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 pusiness 01., f &i c5mojoVs6 Ai 1 E,R).1 Home Phone Number 303-467-oigS 3. List any other names you have used i1/4y/4 Cellular Number 003-434-&10¢ 2. Your Full Name (last, first, middle) IY)0o1 L- PR 1 Ti-foil/A6 , 4. Mailing address (if different from residence) Em II ddress 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 n 12840.3 �GU/hF51 ISe �-! Q.. " 1 ++D)2.16 -T -o4 s Co. 'i DI— t3 03-1(0 Previous 1:96100 fit)` rWVO )11)E.,. C.. >J of CU. 10227 12- gQ o6-13 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 01, 141C4aZySmaf aliPt-6E* tAlfeRAS 3616 (cv7, t 1' ► 44iUAz bA-i3 02-1% = boNEs 6616 -rc w7. i16) 4Gi t fl'i Ai4GR 074 I V4-13 inPpl Ses &8b0 l -t), PLoYD /L EalPivYFD o -q9 06-41 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 Id/A N/i4 IVA 'WA 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.) Yes IgiNo 9. Have you ever received a violation notice, suspension, or revocation for a liquor law violation, or have you Yes g No applied for or been denied a liquor or beer license anywhere in the United States? (If yes, explain in detail.) 10. Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited ❑ Yes IS No bail for any offense in criminal or military court or do you have any charges pending? (If yes, explain in detail.) 11. Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of a deferred sentence? (If yes, explain in detail.) El Yes f: No 12. Have you ever had any professional license suspended, revoked, or denied? (If yes, explain in detail.) ❑ Yes 2 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 ,t.)1/ 'Q. d. U.S. Citizen jia Yes No e. If Naturalized, state wh re lu f. When , i g. Name of District Court NA N A h. Naturalization Certificate Number i'l�A i. Date ofcertification 14 A j. If an Alien, Give Alien's Registration Card Number Wil k. Permanent Rgg idence Card Number N�R I. Height 5'61" m. Weight 1 t'UO n. Hair Color &1Z f o. Eye Color BROULW p. Gender nil q. Race IA) r. Do you have a current Driver's License/ID? If s , give number and state. EgYes ❑ No # 14. Financial Information. a. Total purchase price or investment being made by the applying entity, corporation, partnership, limited liability company, other. $ 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. $ * 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 d. Provide details of the corporate investment described in 14 b. 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 e. Loan Information (Attach copies of all notes or loans) Name of Lender Address Term Security Amount Oath of Applicant I declare der nalt ri ry this ap lication and all attachments are true, correct, and complete to the best of my knowledge. Autho ' i na ur Pr nt Signature Title Date Larry Moon has been an asset to Ole Hickory Smokehouse, and to have him as a registered manager of the Smokehouse would better serve the establishment, and its employees. I have worked with Larry for over a year, and he continues to improve our workplace, maintain leadership, and provides an overall positive experience for all of us that work with him. With Larry's excellent work ethic and knowledge of managing, he is trusted to complete inventory and accounting, along with ordering bar and restaurant supplies. I would highly recommend Larry Moon for a management position, not only as a friend, but as an employee and co-worker. Kelsey Colclasure 720-234-8335 kelseycoldasure@gmail.com I have known Larry Moon since Sept 2013, and worked with Larry when my husband and I owned Ole Hickory Smokehouse & Sports Tavern. Larry is honest, trustworthy, hardworking and loyal. I also consider him a good friend. He is very knowledgeable about the restaurant and bar business, and I think that he will do a great job with the new business. Sincerely, zdeiratova Susan Williams 901-301-8593 I am writing on behalf of Larry Moon. Larry and I have worked together for over 3 years at T - Bones Restaurant and Lounge, and now at Ole Hickory Smokehouse. During that time I have gotten to know Larry on a personal and professional level. Larry is a great manager to work for. He is fair, understanding, and I would have to say a bit of a workaholic. He makes customers feel right at home when they come into our establishment, and I have never heard anyone complain about him. On a personal level, he has always been there for me, my husband, and my children in any way needed. I know I can count on him for anything. het t Lindsay Shaw 307-689-6224 Lindsrockstarl@comcast.net at, DR 8404-I (03/13/15) 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 or Tavern 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. Nameg Business lzy �.DwEt-& . fovs4 OcE -i m Home Phone Number 303 -'77`I -'7g 15 Cellular Number 303-2Z9 -(0610Z 2. Your Full Name 4I st, first, middle) EneeIL.'d Ki,�-therin Mari 3. List any other names you have used i +ker;A N.a-r;c Nuinley 4. Mailing adddless (if different frlom residence) Email Address VC en 13 gmesane-FI.o0 r ks, nom+ 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 SOON l�orn;rysi‘cic 17R, I Fred erick�Co 805140 II /9 '7 -Presant Previous f��Z�- P,ox `l1 &red -lam NE ()K3Y7 6/e1I 11 /q� 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 f -tc� m� make +-� n ` 0b(o I`�\OY la) l Si of 012 mo}-her- S'n�" c1g el- `--r.ed.e r t`rit-4 CO g OS 11n 1-buseho ld 11n arvadi r Enaalreer- 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 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.) ❑ Yes 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.) ❑ Yes /. No 511. 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 No 11. Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of a ❑ Yes No deferred sentence? (If yes, explain in detail.) 12. Have you ever had any professional license suspended, revoked, or denied? (If yes, explain in detail.) ❑ Yes IN 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 L,u lob oek / exer S // d. U.S. Citizen PYes ❑ No e. If Naturalized, state where f. When I g. Name of District Court h. Naturalization Certificate Number i. Date of Certification j. If an Alien, Give Alien's Registration Card Number k. Permanent Residence Card Number I. Height i8 m. Weig t /111011- n. Hair Color fJ o. Eye Color ( 4 i p. GeRace der q. eC r. Do you have a curre t Driver's License/ID? If so, give Financial Information. a. Total purchase price or investment being made by the applying entity, corporation, partnership, limited liability company, other. $ 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. $ * 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 d. Provide details of the corporate investment described in 14 b. 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 e. Loan Information (Attach copies of all notes or loans) Name of Lender Address Term Security Amount Oath of Applicant I declare nder penalty of perjury that this application and all attachments are true, correct and complete to the best of my knowledge. uth nature / /Print Q` ( A ! �/l�d Signature / l- Title D Ajir flier.'n t ill' e ! [tetra( lrn,,ca,r -Pii/ / Date .31`{1,01� 5716 County Road 38 Platteville, CO 80651 March 3, 2016 To Whom It May Concern: I consider it an honor and privilege to write this letter of recommendation for Katherin Engelhard. Shortly after we moved to Colorado in 1998, we met Katherin and her children. We often connected at homeschooling events and a mid -week church program. Since we moved to our farm in 2006, we came to rely on Katherin and her family to help us through numerous challenges. When our field was covered with hundreds of hay bales, I called Katherin and her boys labored for days to collect and stack our bales. Those who work with the Engelhards tend to comment, that they are "incredible." Their entire family always shows an impressive work ethic as they excel at every task. In addition, the Engelhards bring joy to all who know them. Last November, we shared a condo for a week in Breckenridge with Katherin and her two youngest sons. Spending time with the Engelhards was the best part of the trip! I can unequivocally state that any employer would highly value Katherin on his/her team. Her enthusiastic work ethic and kind spirit would enhance any work environment. Respectfully yours, Nanette Jeppesen 303-526-8929 Colorado Department of Revenue March 3, 2016 To whom it may concern: I am writing in support of Katherin Engelhard's petition for a liquor license for her LLLP Rinn Valley Enterprises. I have known Mrs Engelhard for about 15 years, ever since our daughters were partners at the Christian Home Educators of Colorado (CHEC) Speech and Debate tournaments. Also, for over 10 years Mrs Engelhard and her children have been members of the Fellowship where my husband is pastor, Restoration Messianic Fellowship at 75th and Old Mill Trail in Boulder. During that time, I have known Mrs Engelhard to be an extremely competent homeschool mother, a valuable assistant to her husband in his small business, and an invaluable asset to our community. She is always ready to assist where she can, and has trained her children to step up whenever a situation calls for youthful participation, either at home or in the community. I have also known her to be of the highest character, both personally and within any group she has been a part of, and a force for good in any arena. Therefore, I do not hesitate to support her application for the liquor license for her LLLP and the restaurant that she owns at America's Best Value Inn. Please feel free to contact me if you have any further questions. Kathryn H Behrens 5575 Bowron Place Longmont, CO 80503 303 530 4795 Katherin Engelhard From: Sent: To: To whom it may concern, Tino Mora [morateacher@gmail.com] Thursday, March 03, 2016 8:40 PM Katherin Engelhard I have known Katherin Engelhard for seven years. During those seven years, I have had ample opportunities to spend time with her, her husband and their family. I have observed Katherin Engelhard demonstrate high moral standards in public places. She is a woman of great faith, fully dedicated to her family, a woman of her word with great integrity and is a very dependable. I highly recommend Katherin Engelhard in any endeavor that she may pursue. Respectfully yours, Tino Mora Contact Info: 303-709-6704, email: morateacher@gmail.com Sent from my iPhone i March 3, 2016 To Whom it May Concern: I am pleased to write a letter of recommendation for my very good friend Katherin Engelhard. Katherin and I met almost twenty years ago at a small local homeschool meeting. Since then, I am happy to say, our families have shared many wonderful experiences and gathered some precious memories. I would be hard pressed to think of another friend that I could say is more honest, loyal and hardworking. I have never known Katherin to be intentionally unkind or untrustworthy in any circumstance. She is truly a woman of strong moral character. I would be more than happy to answer any questions or address any concerns that you may have concerning Katherin or her family. Please feel free to contact me at any time. Sincerely, Julie L. Anderson 10293 Echo Cr. Firestone, CO 80504 303-833-4132 Rafaela Martinez From: Sent: To: Cc: Subject: Paul Wood Tuesday, March 08, 2016 7:58 AM Rafaela Martinez Paul Wood RE: LIQUOR LICENSE CHANGE OF OWNERSHIP - RINN VALLEY, LLLP DBA OLE HICKORY SMOKEHOUSE AND TAVERN I have looked to see if the Weld County Sheriffs Office has had any significant reports/incidents with the establishment (Ole Hickory Smokehouse and Tavern, 3815 Colorado State Hwy 119, Longmont, CO 80504) and applicant (Rinn Valley LLLP). According to our Records Management System (Spillman) the Weld County Sheriffs Office has not responded to any significant calls for service at this specific liquor establishment in the last calendar year. However, this business is co -located within America's Best Value Inn at the same address. The Weld County Sheriffs Office has responded to numerous calls for service associated with this lodging establishment in the last calendar year. These calls for service have been everything from Wellness Checks, to Disturbances and even an unattended Death with guests residing in the Inn's rooms. I do not have any specific calls for services for incidents occurring within the restaurant/tavern. If you have any questions or concerns, please do not hesitate to contact me. Thanks! Sergeant Paul Wood Animal Control/Municipal Policing/School Resource Units Weld County Sheriff's Office 1950 "O" Street, Greeley, CO 80631 pwoodPco.weld.co.us Ofc: (970) 356-4015 Ext. 2838 Fax: (970) 304-6468 "5e Strong and Courageous." From: Rafaela Martinez Sent: Monday, March 07, 2016 1:04 PM To: Dan Joseph; Bethany Pascoe; Jose Gonzalez; Paul Wood; Janet Lundquist; Roy Rudisill; Frank Haug Subject: LIQUOR LICENSE CHANGE OF OWNERSHIP - RINN VALLEY, LLLP DBA OLE HICKORY SMOKEHOUSE AND TAVERN Hello! In accordance with the procedure for Liquor Licenses, please review all records on the following document for any associated reports/incidents during the last year and return your report to the Weld County Clerk to the Boards Office within Two (2) Weeks. Your report will be used by the Board of County Commissioners in considering Approval and/or Renewal of the Applicant's Liquor License. 1 PLEASE RESPOND NO LATER THAN: March.21, 2016 APPLICANT: Rinn Valley, LLLP dba Ole Hickory Smokehouse and Tavern FILE LOCATION: LC0014 Thank you! Rafaela ./1. JVlartinez Deputy Clerk to the Board 1150 O Street/P.O. Box 758/Greeley, CO 80632 tel: (970) 336-7215 X5226 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: CM103-05255(aCO.WELD.CO.US [mailto:CM103-05255@ CO.WELD.CO.US] Sent: Monday, March 07, 2016 12:55 PM To: Rafaela Martinez <ramartinez(cco.weld.co.us> Subject: Attached Image 2 Rafaela Martinez From: Sent: To: Subject: Janet Lundquist Monday, March 07, 2016 1:37 PM Rafaela Martinez RE: LIQUOR LICENSE CHANGE OF OWNERSHIP - RINN VALLEY, LLLP DBA OLE HICKORY SMOKEHOUSE AND TAVERN Public Works doesn't 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. Original Message From: Rafaela Martinez Sent: Monday, March 07, 2016 1:04 PM To: Dan Joseph; Bethany Pascoe; Jose Gonzalez; Paul Wood; Janet Lundquist; Roy Rudisill; Frank Haug Subject: LIQUOR LICENSE CHANGE OF OWNERSHIP - RINN VALLEY, LLLP DBA OLE HICKORY SMOKEHOUSE AND TAVERN Hello! In accordance with the procedure for Liquor Licenses, please review all records on the following document for any associated reports/incidents during the last year and return your report to the Weld County Clerk to the Boards Office within Two (2) Weeks. Your report will be used by the Board of County Commissioners in considering Approval and/or Renewal of the Applicant's Liquor License. PLEASE RESPOND NO LATER THAN: March 21, 2016 1 APPLICANT: Rinn Valley, LLLP dba Ole Hickory Smokehouse and Tavern FILE LOCATION: LC0014 Thank you! Rafaela A. Martinez Deputy Clerk to the Board 1150 O Street I P.O. Box 7581 Greeley, CO 80632 tel: (970) 336-7215 X5226 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: CM103-05255@CO.WELD.CO.US [mailto:CM103-05255@CO.WELD.CO.US] Sent: Monday, March 07, 2016 12:55 PM To: Rafaela Martinez <ramartinez@co.weld.co.us> Subject: Attached Image 2 Rafaela Martinez From: Sent: To: Subject: Jose Gonzalez Monday, March 07, 2016 1:29 PM Rafaela Martinez RE: LIQUOR LICENSE CHANGE OF OWNERSHIP - RINN VALLEY, LLLP DBA OLE HICKORY SMOKEHOUSE AND TAVERN HI Rafaela, No concerns form building department. Thanks Jose Gonzalez Assistant Building Official Building Department 1555 N 17th Ave Greeley, CO 80361 tel: 970-353-6100 x3533 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: Rafaela Martinez Sent: Monday, March 07, 2016 1:04 PM To: Dan Joseph <djoseph@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> Subject: LIQUOR LICENSE CHANGE OF OWNERSHIP - RINN VALLEY, LLLP DBA OLE HICKORY SMOKEHOUSE AND TAVERN Hello! In accordance with the procedure for Liquor Licenses, please review all records on the following document for any associated reports/incidents during the last year and return your report to the Weld County Clerk to the Boards Office within Two (2) Weeks. Your report will be used by the Board of County Commissioners in considering Approval and/or Renewal of the Applicant's Liquor License. 1 PLEASE RESPOND NO LATER THAN: March 21, 2016 APPLICANT: Rinn Valley, LLLP dba Ole Hickory Smokehouse and Tavern FILE LOCATION: LC0014 Thank you! Rafaela a. Martinez Deputy Clerk to the Board 1150 O Street/P.O. Box 758/Greeley, CO 80632 tel: (970) 336-7215 X5226 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: CM103-05255@CO.WELD.CO.US jmailto:CM103-05255@CO.WELD.CO.US] Sent: Monday, March 07, 2016 12:55 PM To: Rafaela Martinez <ramartinez@co.weld.co.us> Subject: Attached Image 2 SPR-364 PL STAFF REPORT RETAINED IN TYLER. REMAINDER RETAINED IN PAPER LIQUOR FILE. ORIGINAL CASE FILE MAINTAINED BY PLANNING. SITE PLAN REVIEW' Administrative Review Case Number: Site Plan Review 364 Parcel Number 1313-03-000041 Applicant: Kim & Henry Doan, Property Owner Legal Description: Part SE4 of Section 3, Township 2 North, Range 68 West of the r P.M. Weld County, CO Zoning: Commercial, C-3 Existing Use: Travel Lodge Motel, on -site Restaurant and Bar Comments Meets the Intent of the Weld County IMIF w a le Site Plan Certification Included in ' • •Iic - YES RetPnlinn Facilities Engi•neenrig Dept ApproWial LDate Approved YES Mistreat Parkirg Not Approved' per Memo from P. Schd. Weld untyr Public _ Works. dated September 19. 2003 NO Loading Areas — --, NO Access_ Setback Requirements Not i 4 ' I - Needs cioT Access Permit NO 25 Feet YES Offset Requirements 10 Feet YES Landscaping NO Trash Collection and Storage NO Potable Water Left Hand Water District YES age Dl5 al r Saint Vrain Sanitation Distrid YES Environment Standards Pro . art Maintenance YES YES rhis Site Plan Review is approved with the attached conditions: The Site Plan Review Plat shall be prepared per Section 23-2-160.W of the Weld County Code. The applicant shall submit a paper copy of the phut for preliminary inary approval to the Weld County Department of Planning Service&° Upon approval of the paper copy the applicant shall summit a Mylar plat along with all other documentation required as Conditions of Approval, The Myiar plat shall be recorded iri the office of the Weld County Glen and Recorder by Department of Planning Services' Staff within 30 days of approval and with payment of eleven ($11.00) dollars per sheet, (Department of Planning erv►ice's) Prior to recording the Site Plan Review plat, the applicant shall the Department of Planning Services' satisfaction address the following to The applicant shall submit wntten evidence to the Department of Planning Services, from the Colorado Department of Transportation demonstrating that all issues and requirements pertaining to ingress and egress access onto a State Highway have been resolved to the satisfaction of this referral agency (Department of Planning Services) The applicant shall submit wntten evidence to the Department of Planning Services, from the Department of Building Inspection ;stating that the proper permits have been obtained for the two free standing signs on the property that were erected without binlding permits (Department I of Planning Services, Department of Building Inspections) The applicant shall submit written evidence to the Department of PlAnninn Services, from the Department of Building Inspection stating that the proper and appropriate building final inspections and approval have been received for the 939 square fool addition ₹o the apartment adjacent to the 'motel's office has been obtained (Department of Planning Services, Department of Building Inspections) SH 119 is classified as a Colorado State Highway The applicant should contact the Colorado Department of Transportation (COOT) regarding review of this proposed Site Plan Review adjacent to SH 119 CDOT approval will be required regarding existing access onto SH 119 The applicant 'should provide written proof to Public Works regarding coordination with CDCT requirements access, rights -of -way, reservations, improvements, and future expansion (Department of Public Works) .*�ruIti•a) Section 23-3-250 A 8 addresses Sewage Disposal Uses located in Commercial Zone Districts shall have adequate sewage disposal facilities The application materials state that St drain Sanitation District (SVSD) provides sewer service to the motel facility, including Simons Bar SVSD stipulated' two requirements are to be addressed for continued service The applicant; shall provide wntten evidence from Rob Fleck, District Engineer, to the Department of Planning Services, stating these conditions have been addressed and/ or met to the satisfaction of SVSD (St Vrain Sanitation District) The applicant shall attempt to address the requirements (concerns) of the Mountain View Fire Protection District, as stated in the referral response received September 8, 2003 Evidence of such shall be submitted in writing to the Weld County Department of Planning Services (Department of Plianning Sarvzes) The applicant shall submit evidence to the Department of Planning Services that all conditions and requirements as indicated in the Department of Building Inspection letter dated September 12, 2003 have been met (Department' of Planning Services) H The applicant shall submit a plan describing any proposed on -site signs Any proposed sign shalt adhere to Sections 23-4-100 and 23-4-110 of the Weld County Code All proposed signs shall apply for and receive a bLYding permit (Department of Planning Services) 5Siins • 3 em on hwwti - 1 oex1pe,s.F %1,n ItnbMcWb The applicant shall submit calculations for review by the Department of Public Works for the storm water retention basin, The letter will need to be stamped by a licensed engineer from the State of Colorado. (Department of Public Works) J. The applicant shall submit evidence to the Department of Planning Services that all conditions and requirements as indicated in the Department of Public Health and Environment letter dated August 27, 2003 have been met. (Department of Planning Services) 2. The plat shall be amended to delineate the following: A. Section 2.3-2-250,A.1 Stormwater Management, states "Ali users of land in } Commercial Zone Districts shall provide and maintain stormwater retention facilities designed to retain the storm water runoff in excess of historic flow from the undeveloped site. The storrnwater retention facility on a rtev&lopedi site chnli a retentionfacility -..-�v�vrrvv v.av view,• be designed for a one -hundred -year storm. The storrnwater retention facility shall be designed and operated to release the retained water at a quantity and rate not to exceed the quantity and rate of a five-year storm falling on the undeveloped site." This shall be delineated on the Site Plan Review plat. (Department of Planning Services) S. Section 23-2-250.A.2 Parking, states `Sufficient screened, off-street, paved parking areas shall be provided in the Commercial Zone Districts to meet the requirements of employees, company vehicles, visitors and customers of the Uses Allowed by Right and accessory uses." Appendix 23-A addresses the parking requirement for a facility of this type. The 71 room motel requires one (1) parking space per unit for a total of 71 parking spaces. The restaurant and bar area requires one space for six or a minimum of twenty (20) spaces. Finally, one parking space per employee, as stated in the application materials, there are 18 employees. Total parking for this facility is 109 spaces of which two parking spaces shall meet the Americans with Disability Act standards. This shall be delineated on the Site Plan Review Oat, (Department of Planning Services) The requirements of the American Disability Act (ADA). ADA parking spaces are twenty (20) feet by eight (8) feet with tare (5) foot aisles. A minimum of one space must be van accessible with an eight (8) foot aisle. An accessible path shall be required from the building to the public right-of-way (State Highway 119), Grading shalt not be greater than 2% for the handicap stalls and access aisles. The two handicapped stalls must be shown on the plans, along with dimensioning. e ---Further the ramps from the parking area shall identify a landing area for non - ambulatory users of this facility. This shall be delineated on the Site Plan Review plat. (Departments of Planning Services, Public Works) D. Parking for this site plan shall meet County standards as specified in Weld County Code 23.4.30.B and Appendix 23-A and Appendix 23-B. Parking stall standard dimensions are: stall width is 9 -feet, stall to curb is 19 -feet, and aisle width is 24 -feet. Ten percent (10%) of the parking spaces may be for small cars. Small car stall dimensions are: stall width is 8 -feet and stall to curb is 16 -feet. The applicant shalt comply with these standards for this Site Plan Review. Include stall dimensioning and the number of classification stalls on the plans. Loading/service areas shall be paver, (Department of Planning Services) E. Article IV - Supplementary District Regulations. Division 1 - Off -Street Parking and Loading Requirements are discussed. The parking requirements shall adhere to Sections 23-4-20, 23-4-30, 23-4-40 (Appendix 23-B) and 234-50 of the Weld County Code. The applicant shall adhere to these standards for all on - site parking. This shall be delineated on the Site Plan Review plat. (Department of Planning Services) All parking spaces for the employees and clients of this facility snail adhere to the dimensions of Section 23-4-30.6, and Appendix 23-A of the Weld County Code. This shall be delineated on the Site Plan Review plat. (Department of Planning Services) The applicant shall delineate the location of all curb stops in the parking areas per Section 23-4-30.D of the Weld County Code. This shall be delineated on the Site Plan Review plat. (Department of Planning Services) Section 23-3-250.A.3 addresses Street Access. Lots in commercial zone districts shall have safe access to an approved public or private street. The design designation of any street or highway as to type shall be in conformance with that shown on the County Thoroughfare Plan and/or the Master Plan of the affected municipality. This facility accesses directly onto State Highway 119. The application materials did not include evidence of an access permit from the Colorado Department of Transportation, (CDOT). The Colorado Department of transportation IffflT\ has jurisdiction ni#nr nil n.nnesnr-rtin to C4..#.i Llir�4o�aini.n t ra spo to ioi n (CDOT) ) h has jur iauiction n maa all accesses to State I iig IVVO7a. Please contact CDOT to verify the access permit or for any additional requirements that may be needed to obtain or upgrade an access permit to this facility. Further, the applicant shall provide to the Weld County Department of Planning Services a copy of the access permit issued by the Colorado Department of Transportation (CDOT) which grants access to State Highway 119, or written evidence that the applicant has complied with the requirements of the Colorado Department of Transportation (CDOT), The right-of-way for State Highway 119 shall be delineated right-of-way on the plat. The applicant shall contact CDOT to verify the future right-of-way dimension at this location, This shah be delineated on the Site Flan Reviewt, plat. (Department of Planning Services) SON itah 1 Welti• The applicant has provided a facsimile of a letter dated July 6, 2003 from Tim Mercer, owner of the Longmont Waffle House, the adjacent property to the west of this fadlity stating that Mr. Mercer does not have any conflicts with allowing the Longmont Travel Lodge customers to utilize the access associated with this property. The applicant shall submit an easement certificate recorded in the Weld County Clerk and Recorders office signed by all parties associated with this agreement. At a minimum, the easement shall include language outlined in Appendix 24-F.2. Further a legal description shall be included in this document specifically addressing the location and type of easement. (Department of Planning Services) J. Section 23-3-250. A.6 addresses Trash receptacles. Areas used for trash collection shall be screened from public rights -of -way and all adjacent properties. dare - These areas shall be designed and used in a manner that will prevent wind- or animal -scattered trash. The application materials delineated a "dumpster" of unknown dimension in the northeast corner of the property adliacent rear •v rr� v�.r •r, �' ti+MjMVVI ITi to the rear property line, This trash receptacle shall be screened from all rights -of -way and adjacent properties with an opaque material. Access to the enclosure shall be gated at all times. This shall be delineated on the Site Plan Review plat. (Department of Planning Services) Section 23-3r28Q.A.9 addresses Outside Storage. Uses in Commercial Lone Districts involving outdoor storage of vehicles, equipment or materials when permitted shall be screened from public rights -of -way and all adjacent properties. The application materials do not address storage of any materials on site. In the future, should there be any outside storage. the area is to be screened with an opaque material on all sides, (Department of Planning Services) Section 23-3-250.6 addresses Operation Standards. Uses in Commercial Zone Districts shall demonstrate conformance with the following operation standards to the extent that they are affected by location, layout and design prior to construction and operation. Once operational, the operation of the Uses permitted shall conform to these standards. 1. Noise. Uses and structures in Commercial Zone Districts shall be located, designed and operated in accordance with the noise standards as established in Section 25-12-101 CRS. 2. Air Quality. Uses in the Commercial Zone Districts shall be located, designed and operated in accordance with the air quality standards established by the Colorado Air Pollution Control Commission. 3. Water Quality. Uses in the Commercial Zone Districts shall be located, designed and operated in accordance with the water quality control standards established by the Colorado Water Quality Control Commission, 4. Radiation and Radioactive Materials, The handling, use, storage and processing of radioactive materials shall be in accordance with the applicable regulations of the State and the United States government. 5. Heat. Uses located within Commercial Zone Districts shall not emit heat in such an amount sufficient to raise the temperature of the air or of materials at or beyond the lot fine more than five (5) degrees Fahrenheit. 6. Light. Any Fighting, including light from high temperature processes such as welding or combustion, shall be designed, located and operated in such as manner as to meet the following standards: sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties; neither the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets; and no colored lights may be used which may be confused with cr construed as traffic control devices. (Department of Planning Services) 3. Section 26.2-50 addresses maximum lot coverage. Al land use applications in the MUD area shall adhere to the regulations governing the maximum percentage of lot coverage. The maximum lot coverage as defined as 85% for the commercial zone district. Land shall not be deemed covered if it is used for growing grass, shrubs, trees, plants or flowers it is covered by decorative gravels or wood chips, or if it is otherwise suitably landscaped. 4. Section 26-2-70 addresses the Landscape regulations. Section 26-2-70,B addresses the landscape criteria for all property and development within the MUD area. Section 26-2-70.B.1 states landscapes shall utilize the following principles: (a) well -p canned and approved planting schemes; (b) appropriate selection of droug hi -tolerant turf species to minimize water needs and the use of water -hungry species of turf; (c) mulch to reduce evaporation; (d) zone plant groupings according to their microc,lirnatio needs and water requirements; (e) Irn provement the soil organic matter needed; (U1 efficient __`vf .r..r,v.v.i.+.+. ., of the soil with rFru aat•r if IIS:. ,f"y �J �. LA, �1� efficient ll irrigation design; and (g) proper maintenance and irrigation scheduling. Sections 26-2- 70.B.2 through Section 26-2-70.8,7 specifically address the criteria to be utilized in the preparation of the Landscape plan. A. Section 26-2-70.C addresses the landscape requirements for parking lots. The following criteria shall be met for this applicat€on: f A minimum of ten percent (10%) of the area of a parking lot must be landscaped if the lot contains ten (t 0 or more spaces. The requirement may be counted toward the maximum lot coverzige requirement of each zone district. At least seventy-five percent (75%) of the required landscape area shall include living plant material, 2. Berrruing and shrub or tree planting shall be used to screen parking lots from view of the roadway, Berms can vary in height depending on location and proximity of existing trees. Bens shall have smooth transitions from the top of the curb to the setback lire so as to not create snow traps, with allowances made for placement of the sidewalk. Grading of berms shall not be lumpy or abrupt. See Appendix 26-H to this Chapter. 3. Landscaping techniques shall be used le alleviate the harsh visual appearance that accompanies parking lo. See Appendix 26-1 to this Chapter. At least seventy-five percent (75%) of the length of the frontage of the parking lot must be effectively screened. 4. A minimum of five percent (5%) of the parking area shall be landscaped exclusive of setback areas. Trees planted in parking areas should be either in bays or planting islands of at least five (5) feet by five (5) feet. Trees should be distributed throughout the parking area, however, they shall be placed so that they do not obstruct visibility for cars and pedestrians. See Appendix 26-J of the Weld County Code. 5. Loading, service or storage areas must be screened with an opaque screen that is an integral part of the building architecture. Chain link fencing with slats or pallets are not an acceptable screening material, Plant material shall be used to soften the appearance of the screen. B, Section 26-2-70.0 addresses landscape requirements along roadway corridors, with Section 26-2-70.D.2 addressing the design criteria. 1 Plantings along road rights -of -way shall be integrated with the rest of the site. 2. That portion of a lot in any zone district which abuts a public Or private road right-of-way shall be landscaped with a minimum two -and -one -half - inch caliper shade tree or six-foot minimum height coniferous tree at a distance of ten (10) feet, measured at a right angle from the lot line towards the interior of the lot, for every forty (40) linear feet of street frontage. Trees may be grouped with a maximum distance of one hundred (100) feet between trees or groupings, with exceptions made at entrance drives. A minimum landscape setback along State Highway 119 shall be fifty (b0) feet measured from the existing or planned future right-of-way. 4. Along State Highway 119, tree planting distances shall be clustered or grouped from the roadway to avoid a straight line of trees. The effectiveness of the screening shall be increased by planting trees and shrubs in layered beds (two [2] or more rows of plant material rather than a single row). A mix of coniferous and deciduous trees and shrubs shad be planted in clusters or groupings. Applicants adjacent to State Highway 119 shall construct a berm along State Highway 119 with maximum 5:1 side slopes to a height sufficient to screen ground plane development (parking lots, storage areas or other similar site elements) as far as one hundred eighty (1$) feet from the right-of-way line (fifty [501 feet of landscape setback plus one hundred thirty [1301feet of site development). The maximum height berm required shall be six (6) T.11'1# above the existing elevation in the location _ of the feet elevai o a location the berm. if needed, additional height beyond that which can be achieved with a six -foot -high berm shall be achieved through dense landscape plantings. Plantings on top of berms shall be designed so as to not create snow traps. A berm may not be required if the subject property is elevated above the roadway and it can be demonstrated that views into the site will not be possible for a distance of one hundred eighty (180) feet. Required landscaping and screening within the landscape setback and other portions of the property shall be governed by the landscape standards contained within this Chapter and any other more restrictive requirements contained in Chapters 23 and 24 of this Code. There shall be a minimum twenty -foot -wide landscape setback measured from the existing or planned future right-ol-way to any parking lot, fencing, storage area or structure. Required landscaping and screening within the landscape setback and other portions of the property shall be governed by the landscape standards contained within this Chapter and any other more restrictive requirements contained in Chapters 23 and 24 of this Code. The Landscape Plan, shall at a minimum, delineate: A. The applicant shall include in the Landscape Plan in accordance with Section 23- 3-250.x,.5, delineating the following information: B. The installation schi d ule that specifies when the landscaping will be installed on site. {Department of Planning Services) C. A Plant Material List specifying the Botanical and Common names of all plant material to be installed; the size of the plant material at installation and whether the plant material is to be containerized or B&B. (Department of Planning Services) D. A landscape maintenance schedule which specifically states who will perform maintenance and that maintenance is on -going and shall not end upon final acceptance by the Department of Planning Services. (Department of Planning Services) E. The size, type and color of the gravel mulch shall be noted. Planning Services) F. G The size of the metal edging, if applicable, shah be noted. Planning Services) (Department of (Department of The method of nativr: grass planting shall be called out as drilled or broadcast and applied at a rate of how many pounds per acre, and/or pounds per square foot. (Department of Planning Services) H. Section 26-2-90 addresses the Sign regulations, with Section 26-2-90.B defining the sign district regulations. 1. No sign shall be structurally erected, enlarged, constructed, reconstructed. relocated, refaced or otherwise! altered in the MUD area without first obtaining a building permit from the Department of Planning Services. 2. No sign shall be erected at or near the intersection of any road or driveway in such a manner as to obstruct free and clear vision of motorists or at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device. Signs located at an intersection must be outside of the sight distance triangle. 3. No sign other than traffic control signs shall he erected, constructed or maintained within, over or upon the right-of-wwRy of any road or highway within the MUD area. 4. All signs and components, including supports, braces and anchors, shall be of sound structural quality and shall be kept in a state of good repair with a clean and neat appearance. 5. Section 26-2-90.1).2 addresses attached signs: size, height and design limitations. A. Awning signs shall not be larger than twenty-five (25) square feet nor ten percent (10%) of the awning surface area, whichever is smaller. B. Marquee, canopy, overhead canopy, under -canopy, projecting or wall signs: 1. Minimum height requirements: These signs shall be mounted al least fourteen (14) feet above any driveway and at least nine (9) feet above any walkway over which they are erected. 2. Maximum height requirements: The top line of these signs shall not be higher than the top of the waii, roof eaves or parapet line of the building to which it is attached. C. Section 26-2-90.0.3 addresses detached signs: size, height and design limitations. 1. Detached signs shall not be located in the visuar sight triangle. 2. O11 -site detached signs shall have a minimum setback of twenty-five (25) feet and a minimum offset of ten (10) feet from the road right-of-way. 3. On -site identification signs shall have a minimum setback of fifteen (15) feet and a minimum offset of ten (10) feet from the road right-of-way. 4. Detached signs shall have surrounding landscaping which extends a minimum of three (3) feet from all s Gies of the sign base. 5. The total height of any monument or pole sign shall not exceed twenty-five (25) feet above the adjoining ground elevation. 6. Monument signs shall have an enclosed, solid base or structural base with the base at least three -fourths (3) the width of the widest part of the sign face. An enclosed or solid sign base shall not be required if the lower edge of the sign face is not higher than one (1) foot above the finished grade. Monument signs shall be on -premises signs, the sign area shall not exceed twenty-five (25) square feet, and the sign shall not exceed five (5) feet in height above the average adjacent grade, if located fifteen (15) feet from the street right-of�way. For each additional two (2) feet of setback from the street right-of-way, one (1) additional foot may be added to the height of the sign to a maximum of eight (8) feet. D. Section 26-2-90.D.4 addresses Development Complex Signs: Definition, Size and Design Limitations, 1. A development complex sign is a detached sign on the premises of the development which primarily identifies or directs attention to the name, symbol or location of the development complex. 2. A development complex is a group of freestanding buildings or buildings constructed in such a way as to give an appearance of being interrelated due to architectural similarity, interconnected drives, parking areas and/or platting of the development. A development complex includes uses which provide a combined sense of place such as office or business parks, shopping centers, industrial parks, apartment complexes and hotels. 3. The minimum spacing between signs shall be six hundred (6 00) feet. E. Section 23-4-100 addresses signs in the commercial and industrial zone districts. This facility is permitted to have 2 signs per Lot, with each sign face area being 150 square feet or less. All other standards shall comply with Section 26-2-90.D.3. 1. Signs attached flush against a supporting wall, but not above the roof line, there are no limitations on a sign solely used for identification purposes, However, Section 23-4-100.0.2 states one nameplate, per public entrance, per business, of not more than two (2) square feet per face which is suspended under a canopy. Subsection D43 states, the sum of all commercial building identification signs on a given building shall not exceed eight (6) percent of that wall. This facility has numerous signs Located on site, including a temporary banner sign that is to be removed within ten (1 o) days after the event has occurred. The applicant shall provideevidence of compliance with the sign code as addressed herein. Further, the applicant shall bring into compliance the two on -site signs as addressed in a referral received from the Department of Building Inspection dated September 12, 2003, Written evidence of compliance with the requirements of the Department of Building Inspection referral shall be submitted to the Department of Planning Services. 6. The following notes shall be placed or the plat: 1, In accordance with the 'veld County Code, no land, building or structure shall be changed in use or type of occupancy, developed, erected, constructed, reconstructed, moved or structurally altered or operated in the Commercial Zone District until a Site Plan Review has been approved by the Department of Planning Services. (Department of Planning Services) 2. The application does not propose any portion of the site to be leased to another party. In the event that a portion of the building is proposed to be leased to another party in the future, the applicant shall submit a copy of the lease agreement and information regarding the proposed use of the leased portion to the Weld County Attorney's office, Weld County Building Inspection Department. Mountain View Fire Protection District and the Department of Planning Services for review, Based upon the proposed use and/or impacts of the leased portion, the Department of Planning Services may require a new Site Plan Review application. (Department of Planning Services) 3. There shall be no parking or staging of trucks allowed State Highway 119. (Department of Planning Services) 4.. AM liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100, D.R.S., as amended), shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) b. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of asolid waste in the Solid wastes Disposal Sites and Facilities Act, 30-20-10o.5,D.R.S., as amended. (Department of Public Health and Environment) 6. Waste materials shall be handled, stored and disposed of in a manner that controls fugitive dust, blowing debris and other potential nuisance r nnrtitinnc (napartrhant of Pi uhlie Health and Pntilironment) vW .w-rw. w• .r. `r.��r y�� •I IILr1!• \F7 1 1AV11\/' Health 4ttP 1 and 1�I 1714 VI t171V1 Ill 7 The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone District, as delineated in 25-12-103, Colorado Revised Statutes, as amended. (Department of Public Health and Environment) B. Fugitive dust shall be controlled on this site, (Department of Public Health and Environment) 9. The facility shall utilize the St. Frain Sanitation District for sewage treatment and disposal. (Department of Public Health and Environment) 10. The facility shall obtain water service from the Left Hand Water District. (Department of Public Health and Environment) 11. The facility shall comply with the Colorado Retail Food Establishment Rules and Regulations governing the regulation of food service establishments. (Department of Public Health and Environment) 12. The facility shall contact a commercial waste hauler to remove and dispose waste products. (Department of Public Health and Environment) 13. Landscaping materials as indicated in the approved landscape plan shall be maintained at all times. Dead or diseased plant materials shall be replaced with materials of similar quantity and quality at the earliest possible time. (Department of Planning Services) 14, All structures, including signs, on site must obtain the appropriate building permits. (Department of Planning Services) 15, Effective January 1, 2003, Building Permits will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 202-11) (Department of Planning Services) 16. The applicant shall adhere to the lighting requirements for off-street parking spaces per Section 23-4-30.E of the Weld County Code. (Department of Planning Services) 17. The applicant shall adhere to the lighting standards, in accordance with Sadin n 2t9- 2O and Section 23-3-'75f1 f t r,p the, tM al'l r'.i i,. h 1 ••••••••• • +r• •• S� ' and Section iw v ar..ru.I.d.v yr LP f .tea r v 411..1 1.14.+VI IIy %ea.uu . (Department of Planning Services) 18. Property Maintenance. Property located within Commercial Zone Districts shall be maintained in such a manner that grasses and weeds are not permitted to grow taller than twelve (12) inches. In no event shall the property owners allow the growth of noxious weeds. (Weld County Codification Ordinance 2000-1) (Department of Planning Services) Prior to Recording the Plat: A. The applicant shall enter into an Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for parking and landscaping requirements. The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the plat. (Department of Planning Services) 7 Prior to the release of building permits: A. A Final Site Plan and building construction plans must be submitted to the L Mountain View Fire Protection District for review and approval. The applicant shall submit written evidence of approval to the Department of Building Inspection. (Mountain View Fire Protection District) B. Upon approval by the Department of Planning Services, the Site Plan Review shall be prepared per Section 23-2-260.D of the Weld County Code and submitted to the Department of Planning Services to be recorded. (Department of Planning Services) C. The applicant shall submit two complete sets of blueprints to the Weld County Department of Building Inspection. (Building Department) e4 D. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program, (Ordinance 2002-11) (Department of planning Services) E. The applicant shall receive approval from the Department of Planning Services for a Geologic Hazard Permit, Permit Number GHDP-20. All requirements as outlined in the GHDP letter shalt be addressed to the satisfaction of the Department of Planning Services, {Department of Planning Services) 8. Prior to operation A. The facility shall provide evidence to the Department of Planning Services that the restaurant is appropriately licensed and meets all requirements of the Colorado Retail Food Establishment Rules and Regulations. Please review the enclosed materials and then call to schedule an appointment so that I may reserve a sufficient amount of time with you. The purpose of the meeting rig will be to familiarize you with the requirements identified in the referrals associated with this letter and the procedure for completing the Site Plan Review plat that shall be submitted for recording within 30 days of the date of this letter. in this instance, November 7, 2003 unless other arrangements have been approved by this office, Site Plan Review conditionally approved by: Date; October 3, 2003 datillitglinN DOD VS hrmn ult. two r.ko le Ire0 N,Y run hind tiLl1.cy tQIOWI {I #1 I{aa SIh IF IIU.1llyhYiid 1 _ SITE PLAN REVIEW 364 TRAVEL0bGE OF LONGMONT LILENC! AREA FOR PARKING . L MKriN6u6EHOL.Eex t ul:lnitlaRii. P0NALCEtt� \ •-. 1 I -r l . j !.. I v/C{WITY 4JAr' au R.AYW. EABU SNT,6Ci0k tu. K4c. 10tton I I 11oFOOIT ROW. EaltriEedtrittOKOPI, AMC. twos) - Jr -•• LEGAL CIL5O-renal L. dr-Lavonsi Erna iIrn LrllF•AIW. p ws:al Aa NJ'! ra.r:JlypJ rode Hann Ek MO LA to 6°-r W rnq Cin,1a PARtaLM Ia nn vsWll%I zow1NG L.P•rrvy 1? PLAT NOTE - N IVs NGtAAPIt I L'LEc l o F -040u IION OF n'l NtKiWN babaICM5 REFER I4 ui PereitENi ci 1'I Nat* SEIII.Fas GAOL HLINDERLoV% (IRlit IA I1 MQNT {:Elm I alms! ON SLUNIALlatc RL..LYtiIILIs 16'114" HOQKt114, Il1:C CC118u111 10 FOOT uII,.1T5r IAttiiENT HITLIS ADDRESS.. U*wH ri S ,�1JJsll11 f l4nT UTILITYEk9EYEN1 I I I PKJPIaTY cwIL6q GCKt:NCATE wo.i.o.twoo4t mu( lur•Y us.. unto dra Wan.byLuu' I.r SY t es born lac donned adoll b rnnk.aad ohd LINaCA nYWJaase W. Iiantral' Lott cYluglr Aufa mid Lr& MIA Icairk 1. fib ON I MN Ng 10,11 Z011411110 A CIO al Rai V4 rn.- wi%e ccaa au atrsGru.h ittro biro= cirati!r 1•I ira'b J Cw„b l;arl0 r,,a Y• r. 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