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HomeMy WebLinkAbout20142770RESOLUTION RE: APPROVE TEMPORARY PERMIT FOR A TAVERN LIQUOR LICENSE FOR SIPRES LOUNGE, INC., DBA SIPRES LOUNGE, 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, Sipres Lounge, Inc., dba Sipres Lounge, 1490 County Road 27, Brighton, CO 80603, presented to the Board of County Commissioners of Weld County, Colorado, an application for a Transfer of Ownership of a Tavern 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 Club Autentiko, LLC, dba Club Autentiko, 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, Sipres Lounge, Inc., dba Sipres Lounge, has complied with all of the conditions set forth in said Section, and 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 to Sipres Lounge, Inc., dba Sipres Lounge, 1490 County Road 27, Brighton, Colorado 80603, a Temporary Permit to conduct business and sell malt, vinous and spirituous liquors for consumption by the drink on the premises only, at retail at said location in accordance with the license previously held by Club Autentiko, LLC, dba Club Autentiko, subject to all other rules and regulations set forth by the Board of County Commissioners of Weld County, Colorado, for a period of 120 days, or until such time as the application for Transfer of Ownership is approved by the State of Colorado, whichever shall occur first. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said permit. cc.. S0( ' Aces. q(I l 2014-2770 LC0028 TEMPORARY PERMIT FOR TAVERN LIQUOR LICENSE - SIPRES LOUNGE, INC., DBA SIPRES LOUNGE PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of September, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: theA, iich4;a Weld County Clerk to the Board BY. D>. fl y Clerk APPROVED AS TO FORM: 714 County Attorney Date of signature: 9//IP Rademacher. Chair Mike Fre William F. Garcia 2014-2770 LC0028 PLEASE POST NEAR EXISTING LICENSE TO WHOM IT MAY CONCERN: On the 10th day of September, 2014, Sipres Lounge, Inc., dba, Sipres Lounge, submitted an application for a Transfer of Ownership for a Tavern, with said license previously being held by Club Autentiko, LLC, dba Club Autentiko, and expiring on October 30, 2014. 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 1490 County Road 27, Brighton, CO 80603, under a Temporary Permit which has been approved by the Board on September 10, 2014. This Temporary Permit allows Sipres Lounge, Inc., dba Sipres Lounge, 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 Club Autentiko, LLC, dba Club Autentiko, 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, Extension 4225, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. Sincerely, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Douglas Rademacher, Chair DR/RM SEP 1 0 2014 cc: Sheriffs Office Liquor Enforcement Officer 2014-2770 LC0028 DR 8404 (05/07/09) Page 1 21 COLORADO DEPARTMENT OF REVENUELIQUOR NVERENFORCEMENT 8026OMSION COLORADO LIQUOR DENVER RETAIL LICENSE APPLICATION DEPARTMENT USE ONLY • NEW LICENSE 19 TRANSFER OF OWNERSHIP ❑ LICENSE RENEWAL • ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN • APPLICANT MUST CHECK THE APPROPRIATE BOX(ES) • LOCAL LICENSE FEE $ • APPLICANT SHOULD OBTAIN A COPY OF THE COLORADO LIQUOR AND BEER CODE (Call 303-370-2165) 1. Applicant is applying as a ITT/Corporation ❑ Partnership (includes Limited Liability and Husband and Wife Partnerships) ii ❑ IN Individual Limited Liability Company Association or Other 2. If an LLC, name of LLC; If partnership, at least 2 partners names; it corporation, name of corporation ♦APPrliti E t /PM& CIORCIO1(�BitTtt$1rl.i Fein Number 1 c - 1 3 5 �$`i 7-b' 2a.Trade Name of Establishmen0(DBA) I S', PgQ5 1,ouNGe State Sales Tax No. 03b9LI X7 Business Telephone 20?-,5yi—Ssa4 3. Address of Premises (specify exact location of premises icy, to C4 a 7 City A i d/4 6-fafr County eve,L D State eo ZIP Code ero6o3 4. Mailirfg ress (Number and Street) City or Town State ZIP Code .Q-/ 5. If the premises currently have a liquor or beer license, you MUST answer the following questions: Present 1Trade Name of Establishment (DBA) A(fk(�, 'Irik o N1�4Ll- c 6 Present State License No. li7oa 190 Present Class of License TG /Let'', Present Expiration Date /O -0 ,3 UM SECTION A NONREFUNDABLE APPLICATION FEES UM SECTION B (CONT.) LIQUOR LICENSE FEES 2300 • Application Fee for New License $1,025.00 2302 ❑ Application Fee for New License - w/Concurrent Review $1,125 00 2310 I3 Application Fee for Transfer $1,025.00 1985 • Resort Complex License (City) $500.00 1986 ■ Resort Complex License (County) $500.00 1988 ❑ Add Related Facility to Resort Complex ... $ 75.00 X _Total _ 1990 ■ Club License (City) $308.75 1991 ■ Club License (County) $308.75 2010 ■ Tavern License (City) $500.00 2011 El Tavern License (County) $500.00 2012 ❑ Manager Registration - Tavern $ 75.00 21120 ■ Arts License (City) $308.75 2021 ❑ Ms License (County) $308.75 2030 ❑ Racetrack License (City) $500.00 2031 I Racetrack License (County) $500.00 2040 ❑ Optional Premises License (City) $500.00 2041 ■ Optional Premises License (County) $500.00 2045 ❑ Vintners Restaurant License (City) $750.00 2046 ■ Vintners Restaurant License (County) $750.00 2220 ❑ Add Optional Premises to H & R $100.00 X_Total 2370 II Master File Location Fee $ 25.00 X _Total _ 2375 ■ Master File Background $250.00 X_Total _ UM SECTION B LIQUOR LICENSE FEES 1905 II Retail Gaming Tavern License (City) $500.00 1906 ■ Retail Gaming TavernLicense (County) $500.00 1940 ❑ Retail Liquor Store License (City) $227.50 1941 • Retail Liquor Store License (County) $312.50 1950 ■ Liquor Licensed Drugstore (City) $227.50 1951 U Liquor Licensed Drugstore (County) $312.50 1960 ❑ Beer and Wine License (City) $351.25 1961 ❑ Beer and Wine License (County) $436.25 1970 ❑ Hotel and Restaurant License (City) $500.00 1971 ■ Hotel and Restaurant License (County) $500.00 1975 ❑ Brew Pub License (City) $750 1976 NI Brew Pub License (County) $750.00 1980 ■ Hotel and Restaurant License w/opt premises (City)$500.00 1981 IN Hotel and Restaurant License w/opt premises (County) $500.00 1983 ❑ Manager Registration - H & R $ 75.00 DO NOT WRITE IN THIS SPACE - FOR DEPARTMENT OF REVENUE USE ONLY LIABILITY INFORMATION County City Industry Type License Account Number Liability Date License Issued Through (Expiation Date) FROM TO State -750 (999) City 2180.100(999) County 2190.100(999) Managers Reg -750 (999) `W, Fund New thaw 2300-100 (999) Cash Fund Transfer 'iman 2310-100 (999) TOTAL DR 8404 (05/07/09) Page 2 APPLICATION DOCUMENTS CHECKLIST AND WORKSHEET Instructions: This check list 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. ITEMS SUBMITTED, PLEASE CHECK ALL APPROPRIATE BOXES COMPLETED OR DOCUMENTS SUBMITTED I. \�APPLICANT INFORMATION L1 A. Applicant/Licensee Identified. • B, State sales tax license number listed or applied for at time of application. [IT C. License type or other transaction identified. ■ D. Return originals to local authority. IN E. Additional information may be required by the local licensing authority. II. DIA AM OF THE PREMISES No larger than 8 1/2' X 11". B. Dimensions included (doesn't have to be to scale). Exterior areas should show control (fences, walls, etc.). \ g C. Separate diagram for each floor (if multiple levels). ❑ D. Kitchen - identified if Hotel and Restaurant. III. PROOF OF PROPERTY POSSESSION ❑ A. Deed in name of the Applicant ONLY (or) ■ B. Lease in the name of the Applicant ONLY. • C. Lease Assignment in the name of the Applicant (ONLY) with proper consent from the Landlord and acceptance by the Applicant. ■ D. Other Agreement if not deed or lease. IV. BACKGROUND INFORMATION AND FINANCIAL DOCUMENTS • A. Individual History Record(s) (Form DR 8404-I). \ ■ B. Fingerprints taken and submitted to local authority. (State authority for master file applicants.) 'J C. Purchase agreement, stock transfer agreement, and o(authorization to transfer licenses • D. List of all notes and loans. V. CORPORATE APPLICANT INFORMATION of Applicable) ❑ A. Certificate of Incorporation (and/or) .-4----I] B. Certificate of Good Standing if incorporated more than 2 years ago. ■ C. Certificate of Authorization if foreign corporation. ■ D. List of officers, directors and stockholders of parent corporation (designate 1 person as "principal officer"). VI. PARTNERSHIP APPLICANT INFORMATION (If Applicable) ❑ A. Partnership Agreement (general or limited). Not needed if husband and wife. VII. LIMITED LIABILITY COMPANY APPLICANT INFORMATION (If Applicable) • A. Copy of articles of organization (date stamped by Colorado Secretary of State's Office). • B. Copy of operating agreement. • C. Certificate of Authority (if foreign company). VIII. MANAGER REGISTRATION FOR HOTEL AND RESTAURANT, TAVERN LICENSES WHEN INCLUDED WITH THIS APPLICATION ❑ A. $75.00 fee. B. Individual History Record (DR 8404-I). OR 8404 (0607/00) Page 3 6. Is the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stock- holders or directors if a corporation) or manager under the age of twenty-one years? Yes No • 7. 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 7a, b or c, explain in detail on a separate sheet ■ [f • `1 II 5EI & Has a liquor license application (same license class), that was located within 500 feet of the proposed premises, been denied within preceding two years? If yes, explain in detail. the 9. Are the premises to be licensed within 500 feet of any public or private school that meets compulsory education requirements of Colorado law, or the principal campus of any college, university or seminary? ■ LE 10. Has a liquor or beer license ever been issued to the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stockholders or directors if a corporation)? If yes, identify the name of the business and list any current or former financial interest in said business including any loans to or from a licensee. ia ■ 11. a Attach entrances, to Does the Applicant, as listed on line 2 of this application, arrangement? in of have legal possession of the premises by virtue of ownership, lease or other Detail) ti 0 t. Ownership • Lease ❑ Other (Explain If leased, list name of landlord and tenant, and date expiration, EXACTLY as they appear on the lease: Landlord Tenant Expires a diagram and outline or designate the area to be licensed (including dimensions) which shows the bars, brewery, walls, partitions, exits and what each room shall be utilized for in this business. This diagram should be no larger than 8 1/2" X 11°. (Doesn't have be to scale) 12. Who, besides the owners listed in this application (including persons, firms, partnerships, corporations, limited liability companies), will loan or give money, inventory, fumiture or equipment to or for use in this business; or who will receive money from this business. Attach a separate sheet if necessary. NAME DATE OF BIRTH FEIN OR SSN INTEREST 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 liabi ity 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. 19. Optional Premises or Hotel and Restaurant Has a local ordinance or resolution authorizing Number of separate Optional Premises areas requested Licenses with Optional Premises optional premises been adopted? (See License Fee Chart) Yes No ■ )7 14. 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? COPY MUST BE ATTACHED. Yes No ■ ( ] 15. Club Liquor License applicants answer the following (a) Is the applicant organization operated solely not for pecuniary gain? (b) Is the applicant organization a regularly operated solely for the object of a patriotic (c) How long has the club been incorporated? (Three years required) and attach: for a national, social, fraternal, patriotic, political or athletic purpose and chartered branch, lodge or chapter of a national organization which is or fraternal organization or society, but not for pecuniary gain? (d) Has applicant occupied an establishment for three years that was operated solely for the reasons stated above? Yes No ❑ P2 ■ • PI 16. 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) Yes No ■ 54 17a. Name of &tanager (for all on -premises applicants) application for a Hotel, Restaurant or Tavern License, 17b. Does this manager act as the manager of, or have licensed establishment in the State of Colorado? If 111 fj R r S i pies (8 this is an 8404-I). Date of Birth the manager must also submit an Individual History Record (DR a financial interest in, any other liquor yes, provide name, type of license and account number. Yes No 0 0 18. Tax Distraint Information. Does the applicant or any other person listed on this application and including its partners, officers, directors, stockholders, members (LW) or managing members (LW) and any other persons with a 10% or greater financial interest in the applicant currently have an outstanding tax distraint issued to them by the Colorado Department of Revenue? If yes, provide an explanation and include copies of any payment agreements. Yes No ■ I' DR 8404 (05/07/09) Page 4 19. 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 OWNER- SHIP OF 10% OR MORE IN THE APPLICANT. ALL PERSONS LISTED BELOW must also attach form DR 8404 I (Individual History record), and submit finger print cards to their local licensing authority. NAME HOME ADDRESS, CITY 8 STATE DOB POSITION %OWNED' 01A Ay .5,/'Ye< Pk()toc2 21 6/1,,/iv,v,& fdco.3 6- 'l total ownership percentage disclosed here does not total 100% applicant must check this box ❑ Applicant affirms that no individual other than these disclosed herein, owns 10% or more of the applicant Additional Documents to be submitted by type of entity E4 CORPORATION ® Cert. of Incorp. ❑ Cert. of Good Standing (if more than 2 yrs. old) ❑ PARTNERSHIP ❑ Partnership Agreement (General or Limited) ❑ Husband and Wife partnership ❑ LIMITED LIABILITY COMPANY ❑ Articles of Organization ❑ Cert. of Authority (if foreign ❑ ASSOCIATION OR OTHER Attach copy of agreements creating association or relationship between • company) the Cert. of Auth. (if a foreign corp.) (no written agreement) O Operating Agrmt. parties Registered Agent (if applicable) Address for Service 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 employees to comply with the provisions of the Colorado Liquor or Beer Code which affect my license. /(\ilirnature GtP TNa / / ./LEi Data, �- /6(2-/y RT AND APPROVAL OF LOCAL LICENSING AUTHORITY (CITY/COUNTY) Date application filed with local authority Date of local authority hearing (for new Ilsense applicants; cannot be less than 30 days from date of application 12-47411 (1)) C.R.S. THE LOCAL UCENSING AUTHORITY HEREBY AFFIRMS: That each person required to file DR 8404-I (Individual History Record) has: Yes No • Been fingerprinted ❑ • • Been subject to background investigation, including NCIC/CCIC check for outstanding warrants ■ 0 That the local authority has conducted, or intends to conduct, an inspection of the proposed premises to ensure that the applicant is in compliance with, and aware of, liquor code provisions affecting their class of license ❑ ■ (Check One) • Date of Inspection or Anticipated Date ❑ Upon approval of state licensing authority. 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 Weld County, Colorado Telephone Number 970-356-4000 x 4225 • 0 TOWN, CITY COUNTY Signature Title Chair, Board of County Commissioners Date Signature (attest) Title Deputy Clerk to the Board Date Date: August 18, 2014 To: Club Autentiko, LLC located at 1490 W.C.R. 27, Brighton, CO 80603, responsible person Savannah Cuentas From: Mary Sipres, Property Owner of 1490 W.C.R. 27, Brighton, CO 80603 Re: Lease Agreement between Club Autentiko, LLC, Savannah Cuentas and Mary Sipres, Property owner Mary Sipres, property owner will discontinue court proceedings for loss of contract with Club Autentiko, LLC and Savannah Cuentas if the following criteria are met: 1. If Savannah Cuentas of Club Autentiko, LLC signs "Transfer of Liquor License" to Mary Sipres. 2. If "Transfer of Liquor License" is acknowledged by Notary. Once completed, this document will relinquish Club Autentiko, LLC and Savannah Cuentas for any debts owed to Mary Sipres, Property Owner of 1490 W.C.R. 27, Brighton, CO 80603 per original lease. By Signing below, both parties have agreed to this document. c avannah Cuentas dba Club Autentiko, LLC ERENDIDA V. ROCHA-ROJAS I Notary Public r State of Colorado I I Notary ID 20144016299 I M CCMIMIS l41 irea Apr 16, 2018 r Co1W Mary Sipres,( ner 1490 W.C. 27 Brighton, CO 80603 State of Cq;orado County of Ad et 5 The w foregoing instrument wa ack o ledged before me this date: I I by COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division 1375 Sherman a Denver CO 80261 September, 2005 AFFIDAVIT OF TRANSFER AND STATEMENT OF COMPLIANCE Pursuant to the requirements of 12-47-303(3)(b), Colorado Revised Statutes, Licensee hereby states that all accounts for alcohol beverages sold to the Applicant are: Paid in full. There are no outstanding accounts with any Colorado Wholesalers. ❑ Licensee hereby certifies that the following is a complete list of accounts for alcohol beverages that are unpaid: Licensee and Applicant agree that all accounts will be paid for from the proceeds at closing by the: 121 Licensee CI Applicant ❑ Licensee unavailable to certify disposition of accounts for alcohol beverages - Inventory list attached. Transfer by operation of law - Regulation 47-304. o Applicant will assume full responsibility for payment of the outstanding accounts as listed above. d No alcohol beverage inventory transferred or sold. Licensee hereby authorizes the transfer of its Colorado Retail Liquor License to the Applicant, its agent, or a company, corporation, partnership or other business entity to be formed by the Applicant. Dated this / " day of , 200i? . Seller: -57- (.L O to na.L �.v e-n-Vc S 70,Z19O Licensee & License Number Cx0 to A0 n* Ko �.vQ Buyer: App cant S2o11 Trade name Trade name „ Signature • 11 Le, genic Iyor Position :1-)aUC:noak Cuts Print Name ig a e Position notPV,�y stria/es ame RECEIPT DATE 9- y ac, N M O O ea O N O L Co • ca • m o � n U U • O x o a) 'O Y CO a) a) a° N >000 U RECEIPT REC VED FROM C,, ADDRE RECEIVED FROM ADDRESS FOR DATE 9- y oppi BY, BY NO. 87734 X75 Hello