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HomeMy WebLinkAbout20140422.tiffRESOLUTION RE: GRANT REQUEST TO WAIVE LATE FEE, APPROVE RENEWAL APPLICATION FOR 3.2 PERCENT BEER RETAIL ON/OFF PREMISES LICENSE ISSUED TO HIGHLANDLAKE, INC., DBA HIGHLANDLAKE, INC., AND AUTHORIZE CHAIR TO SIGN - EXPIRES NOVEMBER 9, 2014 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, on December 12, 2013, Highlandlake, Inc., dba Highlandlake, Inc., submitted a renewal application after the expiration date of November 9, 2013, and WHEREAS, on February 5, 2014, the Board deemed it advisable to continue this scheduled matter until February 12, 2014, due to inclement weather, and WHEREAS, Highlandlake, Inc., dba Highlandlake, Inc., has presented to the Board of County Commissioners of Weld County, Colorado, an application for the renewal of a 3.2 Percent Beer Retail On/Off Premises License for the sale of fermented malt beverages, containing not more than 3.2 percent of alcohol by weight, for consumption by the drink on the premises only, and/or in sealed containers not for consumption at the place where sold, and WHEREAS, pursuant to Exhibit 5-H of the Weld County Code, said applicant has paid the sum of $107.50 to the County of Weld for the renewal of the existing license, as well as a request for waiver of the $500 late application fee, and WHEREAS, the Board deems it advisable to grant the request for waiver of the $500.00 late application fee due to extenuating circumstances, and WHEREAS, said applicant has exhibited a State License for the sale of fermented malt beverages containing not more than 3.2 percent of alcohol by weight for consumption by the drink on the premises only, and/or in sealed containers not for consumption at the place where sold, outside the corporate limits of any town or city in the County of Weld at the location described as follows: 16893 County Road 5, Mead, Colorado 80542-9737 NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Weld County, Colorado, having examined said application and the other qualifications of the applicant, does hereby grant License Number 2014-03 for applicant to sell fermented malt beverages, containing not more than 3.2 percent of alcohol by weight, for consumption by the drink on the premises only, and/or in sealed containers not for consumption at the place where sold, only at retail at said location; and the Board does hereby authorize and direct the issuance of said license by the Chair of the Board of County Commissioners, attested to by the Clerk to the Board of Weld County, Colorado, which license shall be in effect until November 9, 2014, CC Ja -loPe. 3-s la 2014-0422 LC0035 RENEW 3.2 PERCENT BEER RETAIL ON/OFF PREMISES LICENSE - HIGHLANDLAKE, INC. PAGE 2 providing that said place where the licensee is authorized to sell fermented malt beverages containing not more than 3.2 percent of alcohol by weight, for consumption by the drink on the premises only, and/or in sealed containers not for consumption at the place where sold, shall be conducted in strict conformity to all of the laws of the State of Colorado and the rules and regulations relating thereto, heretofore passed by the Board of County Commissioners of Weld County, Colorado, and any violations thereof shall be cause for revocation of the license. BE IT FURTHER RESOLVED by the Board that the late application fee, in the amount of $500.00, be, and hereby is, waived. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said application. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of February, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ditict/ C ; Weld County Clerk to the Boar BY: APP y Attorney Date of signature: cIF6./`4 William FP Garcia ara Kirkmejer, Pro-TOm Fi an P. Conway rini-ke- A -- Mike Fr. c✓ 2014-0422 LC0035 THIS LICENSE MUST BE POSTED IN PUBLIC VIEW DR 8402 (07/01/2012) STATE OF COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1881 Pierce Street, Suite 108 Lakewood, Colorado 80214 HIGHLAND LAKE INC dba HIGHLAND LAKE INC 16893 WCR 5 MEAD CO 80542-9737 ALCOHOL BEVERAGE LICENSE Liquor License Number 14273240000 License Expires at Midnight November 09, 2014 License Type 3.2% BEER ON/OFF PREMISES (COUNTY) Authorized Beverages 3.2 PERCENT BEER This license is issued subject to the laws of the State of Colorado and especially under the provisions of Title 12, Articles 46 or 47, CRS 1973, as amended. This license is nontransferable and shall be conspicuously posted in the place above described. This license is only valid through the expiration date shown above. Any questions concerning this license should be addressed to: Colorado Liquor Enforcement Division, 1881 Pierce Street, Suite 108, Lakewood, CO 80214. In testimony whereof, I have hereunto set my hand. 2/20/2014 KYQ ���Gtlt�iMa�u.� Division Director Executive Director NON -TRANSFERABLE. TO BE POSTED IN A CONSPICUOUS PLACE. /1 J-�J1.1_JL�"'C�ilGr g:M5GrJCyJ��ffJL51�� DR 8400 (Revised 09/01/12) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION SUBMIT TO LOCAL LICENSING AUTHORITY RECEIVED DEC 1 2 , WELD �COUNTY gqt LIQUOR OR 3.2 BEER LICENSE RENEWAL APPLICATION Fees Due Renewal Fee Storage Permit $100 x Optional Premise $100 x Amount DuelPaid Make check payable to: Colorado Department of Revenue. The State may convert your check to a one -lime electronic banking transaction. Your bank account may be debited as early as the same day received by the State. if converted, your check will not be returned. If your check is rejected due to insufficient or uncollected funds, the Department may collect the payment amount directly from your banking account electronically PLEASE VERIFY & UPDATE ALL INFORMATION BELOW .RETURN TO CITY OR. COUNTY LICENSING AUTHORITY DBA BY DUE DATE Licensee Name HIGHLANDLAKE, INC. Liquor License # 14273240000 License Type 3.2% Beer On/Off Premises (County) Sales Tax License # 14-27324-0000 Expiration Date November 9, 2013 Due Date November 9, 2013 Street Address 16893 CR 5, Mead, CO 80542-9737 Phone Number (970) 587-4269 Mailing Address P.O. Box 652, Mead, CO 80542 Operating Manager Lawrence Jensen Date of Birth 8- Address 403 Karsh Dr. Longmont, CO 80504 Phone Number (970) 587-4269 1. Do you have legal possession of the premises at the street address above? 0 YES ❑ Is the premises owned or rented? 0 Owned ❑ Rented` *If rented, expiration date 2. Since the date of filing of the last annual application, has there been any change in financial or organizational structure (addition or deletion of officers, directors, managing members or and attach a listing of all liquor businesses in which these new lenders, owners (other than directors, managing members, or general partners are materially interested. ❑ YES 0 NOTE TO CORPORATION, LIMITED LIABILITY COMPANY AND PARTNERSHIP APPLICANTS: officers, directors, managing members, general partners or persons with 10% or more interest and return immediately to your Local Licensing Authority, Form DR 8177: Corporation, Report of Changes, along with all supporting documentation and fees. 3. Since the date of filing of the last annual application, has the applicant or any of its agents, (other than licensed financial institutions) been convicted of a crime? If yes, attach a detailed 4. Since the date of filing of the last annual application, has the applicant or any of its agents, (other than licensed financial institutions) been denied an alcohol beverage license, had revoked, or had interest in any entity that had an alcohol beverage license denied, suspended explanation. ❑ YES ❑ NO 5- Does the applicant or any of its agents, owners, managers, partners or lenders (other than or indirect interest in any other Colorado liquor license, including loans to or from any licensee yes, attach a detailed explanation. ❑ YES ❑ NO 6. SOLE PROPRIETORSHIPS, HUSBAND -WIFE PARTNERSHIPS AND PARTNERS IN must complete and sign the DR 4679: Affidavit — Restriction on Public Benefits (available attach a copy of their driver's license, state -issued ID or valid passport. NO of lease interest (new notes, loans, owners, etc.) general partners)? if yes, explain in detail licensed financial institutions), officers, NO If you have added or deleted any in your business, you must complete Limited Liability Company or Partnership owners, managers, partners or lenders explanation. ® YES ® NO owners, managers, partners or lenders an alcohol beverage license suspended or or revoked? If yes, attach a detailed licensed financial institutions) have a direct or interest in a loan to any licensee? If GENERAL PARTNERSHIPS: Each person online or by calling 303-205-2300) and AFFIRMATION & CONSENT 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. Type or Print Name of Applicant/Authorized Agent of Business LAWRENCE 'ENS EN Title PRESIDENT Signature .Zed�'✓---' Date �y 7 — ( 73 REPO T APPROVAL OF CITY OR COUNTY LICENSING AUTHORITY The foregoing application has been examined and the premises, business conducted and character of the applicant ort that such license, if granted, will comply with the provisions of Title 12, Articles 46 and 47, C.R.S. THEREFORE THI; 2014-0422 Local Licensing Authority For Weld County Board of County Commissioners Date Cr L 2014 , C Signature ra rlf (Q.94Vlc eK.•A/ Title Chair Attest V,,'iqv,.er% ' 4' /ila,47.:ii " i a) v aOll4 Oyc 07 Lc 0035 Highlandlake, Inc. PO Box 652 * Mead, CO * 80542 December 6, 2013 Weld County Board of Commissioners Re: Renewal of Liquor (3.2 Beer) License Liquor License No. 14273240000 Highlandlake, Inc. We are in the process of renewing our operating licenses. We were still waiting on the renewal application for the renewal of the Beer license, which prompted us to contact Esther Gesick, the Deputy Clerk to the Board/Office Manager to find out why we had not received the renewal application yet. Esther told us that our license expired on November 19, 2013. We were surprised to hear this since we had not received the renewal notice prior to this and had been waiting for it. We asked Esther to look into whether one had been mailed to us or not since we had indicated a change of address on our application in 2012. Esther called the State (reference her email to us of December 3r° attached) and was told their system never updated the new mailing address for us, which is why we did not receive the renewal application. We received a renewal application from Esther to fill out along with advising us that we would owe a $500 fine to Weld County because the license had expired. We explained that this error was caused by the State by not changing the mailing address resulting in our not knowing it had expired — otherwise, we would have renewed sooner. We have held the 3.2 Beer License for many years and wish to renew it. Our business is seasonal and we are only open from May —September. Our income from the sale of beer is nominal and paying a $500 fine would be a hardship for us. We respectfully ask the Board of Commissioners to waive this fine since the expiration happened without our knowledge and was due to the State's error. Thank you for your consideration. Highlandke, Inc. L rerfce Jensen, President. To: Weld County Board of Commissioners From: Deputy Lisa Carpenter Date: December 18, 2013 RE: Highland Lake, Inc. Dear Commissioners, I have researched and found no reported calls for service to Highland Lake, located at 16893 WCR 5, Mead, CO 80542 for the Calendar year of 2012 to present day. I find no grounds for disapproval for the renewal of the liquor license. Respectfully Subnjrtted, Deputy Lisa Capenter Community Resource Officer Weld County Sheriffs Office 1950 "O" Street Greeley, CO 80631 WELD 0 0 UN '•: ` RIIrFIS CI FFiCE Cotiimuiiiy'esne Office. LIQUOR Etari:r a ,twr gT VNr3RKSHEET 1 OStreet: •• C6eleY, 1,ioi&O4q 80631 Voice (970) 356-4015 ': Fax (970) 304.6467 Inspection Report O Incident Report. uemseTmdetonM VI / friXt , iti Lr tUkzgIsea lame: L lei di `,-11 cQ-/l_ License I Type:3 Tn hee4„. O itycicijr.2, .;15 l ot-Report l lncidet. /0 ' is ' i. 3 Address: Peisort CohlaCted City;Siate,2dp; nj go?c a— T '. g7.0-54.--4. _6/� Yet No es No State Liquor license Posted I i Manager Registered IV State Sales Tax License Posted � Lion:-.4 Control of Pre mises ✓ 'iv'County Liquor License Posted r/ Trade: Name Properly Registered ✓ Federal Form 11 ' Call: 000)3.5800 A Premises Physical Control Adequate • Food Service License Posted ,� ` � e Di' §I' � "- ejzi Ask ab1. tig t!' Minor:Warning Sign Posted J."'" . Off Pr se Storage. licensed v -- Meals and Snacks Available I Only Penmtted Kerns Sold ,/ GleanTtness Adequate V" • Alcohol From Permitted Soiirrs. Books & Invoices Available . . v f)iscuss. Sales of:Liquot to,Minors Alcohol, B ei`age Stock A itatile. Discuss Sales to Ibloxioated Persons OWarning ❑Follow -Up Inspection Date Viotaiidrr: I Date: 1 The Stitiject: . I DOB: I Hgt: 1 WO I Eyes: I Mr: Clothing: DL J iDt: Stale: .Address: City: State: Zip: E3/164163: Yes NO H1N Phone g: Summons #: Court Date: Photos: y NO Narrative: 3c yo 00 () ,? a c3.70 i\s O4_ 1,1 s (r— Dep u i - _ #://t)6.-6/3- Date: /,9 lr� MEMORANDUM To: Esther Gesick, Deputy Clerk to the Board January 13, 2014 From: Bethany Pascoe, Zoning Compliance Officer, Dept. of Planning Services Subject: LC0035 Review of the following liquor license renewal by the Department of Planning Services shows the following: License Number: 14-27324-0000 Applicant: Highlandlake, Inc dba Highlandlake, Inc. 16893 CR 5 PO Box 652 Mead, CO 80542 Zone District: A (Agricultural) This use has existed prior to zoning and a Nonconforming Use File (NCU-141), has been set up by the Department of Planning Services. Any expansion or remodel may require updated zoning permits. The Department of Planning Services is not aware of any violations occurring on the property at this time. SERVICE, TEAMWORK, INTEGRITY, QUALITY Memorandum TO: Esther Gesick FROM: Dan Joseph SUBJECT: Liquor license inquiry DATE: 1/15/14 CC: Cindy Salazar; Debra Adamson In response to your request, Environmental Health Services has reviewed the Retail Food Service Establishment file for Highland Lake, located at 16893 CR 5, in Mead, Colorado. At this time, there are no problems or concerns regarding this establishment. Should you have any questions regarding this matter, please contact me via e-mail at djoseph@co.weld.co.us or by phone at 970-304-6415 extension 2206. Thank you. Dan Joseph Environmental Specialist III Esther Gesick From: Sent: To: Cc: Subject: No concerns from OEM. Roy Director Roy Rudisill Weld County OEM 970-381-0417 Mobil 970-304-6540 Office From my iPhone Roy Rudisill Thursday, January 16, 2014 6:13 PM Esther Gesick Janet Lundquist; Frank Piacentino Re: Liquor Renewal Referrals On Jan 16, 2014, at 16:20, "Esther Gesick" <egesick@co.weld.co.us> wrote: Janet, Roy and Frank: Deputy Lisa Carpenter is available to attend the Board meeting on this coming Monday, January 20th. If possible, I would like to include your referral responses for the Board's information on the following three cases: Highlandlake, Inc. Lonestar, LLC, dba Vaqueras Night Club Luz Estella Tarin, dba Taqueria Rancho Alegre Thank you! Esther E. Gesick Clerk to the Board/Office Manager 1150 O Street( P.O. Box 758(Greeley, CO 80632 tel: (970) 336-7215 X4226 <image003.jpg> 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. O M U o 0 ao ca)2O �U U 0 o m 'p Y m N N i 02 t7CC�i O I- O N O �(w c a)O o O O g o ai -a Y CO a) Uat7 92 Cal ezok RECEIPT DATE /6.{ - j- X7/3 No. 87310 RECEIVED FROM /✓ d ed, JJ1- A��DDRESS (0. lea�� '�loa $ /07. S� FOR 44 1p , /&,uWQQ (LC 0035) HOW PAID CASH CHECK • If t I 0 ri �" ° MONEY ORDER RECEIPT R CEIVED AD RESS FOR BY DATE /4-3/— c z X 3 NO.8?311 441 v HOW AID CASH CHECK 14117 so MONEY , ORDER BY CLERK TO THE BOARD PHONE: (970) 336-7215, Ext. 4226 FAX: (970) 336-7233 1150 O STREET P. O. BOX 758 GREELEY, COLORADO 80632 ELD____COUNTY I February 13, 2014 Colorado Department of Revenue Liquor Enforcement Division P.O. Box 173350 Denver, CO 80217-3350 RE: Address Correction Dear Licensing Official: I was contacted by the applicant after their license had expired and a renewal had not been received. Upon calling the State office it was confirmed that the license was sent to the old address and the system had not been updated the previous year during their Report of Changes process. I provided a blank renewal form and they have provided the correct address; the Commissioners also granted their request to waive the $500.00 late renewal fee due to the extenuating circumstances. Please ensure the system address is correct for next year's distribution. If you have questions or need additional information, please do not hesitate to contact me at (970) 336-7215, Extension 4226. Very truly yours, Esther E. Gesick Clerk to the Board egesick@co.weld.co.0s ru D- 43 m 43 O u -I rn O O O C D' rb TD O O r U.S. Postal Service. CERTIFIED MAILTM RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) For delivery Information visit our website at wvew.usps.come Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage 8 Fees Postmark Here Sent To Colo Street, Apt. No.: or PO Box No. Coy, Stale, ZIP 4 pul r (Al &)0W7- 33 aF ` uwxc, — Litt) or 'O. I"6Ox /7335b • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ecio . of :t. Liter- Er Aorcema lDt J — I Og PC). 'Box :1335b -binders to Soar?- 335o 2. Article Number (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt tore ❑ Agent ❑ Addressee C. Date of Delivery D. Is delivery address different from Item 14 D Yes If YES, enter delivery address below: 0 No 3. Service Type 01. Certified Mail ❑ Registered ❑ Insured Mail 4. Restricted Delivery? (Extra Fee) ❑ Express Mail ❑ Return Receipt for Merchandise ❑ C.O.D. 0 Yes 7004 2890 0003 5708 8892 102595-02-M-1540 Hello