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Home My WebLink AboutPACKET Town Board 1999-07-27.1 Prepared 7/22/99 *Revised 7/23/99 The Mission of the Town of Estes Park is to plan and provide reliable, high- value services for our citizens, visitors, and employees. We take great pride ensuring and enhancing the quality of life in our community by being good stewards of public resources and our natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, July 27, 1999 7:00 p.m. AGENDA Presentation of Certificate of Appreciation to Maryella Pearson, Municipal Court Clerk, by Municipal Judge Brown and Mayor Dekker. PUBLIC COMMENT: TOWN BOARD COMMENTS: 1. CONSENT CALENDAR: 1. Town Board Minutes dated July 13, 1999. 2. Bills. 3. Committee Minutes: A. Community Development, July 22, 1999. 4. Board of Adjustment, July 13, 1999 (acknowledgment only). 5. Special Event Liquor Permits: A. Longs Peak Scottish Highland Festival, Inc., September 11 and 12, 1999 at Stanley Park Baseball Fields and Rodeo Grounds. B. Estes Valley Sunrise Rotary Club, September 25 and 26, 1999, Bond Park. 2. ACTION ITEMS: 1. Liquor Licensing: A. Public Hearing. Hospitality Specialists, Inc., dba MOLLY B. RESTAURANT, Change of Class Application - from Beer and Wine to Tavern, 200-212 Moraine Ave. (See reverse side for complete list of agenda items) t 1 B. *Transfer of Ownership from LaVonna Kenney dba LA TI DA, to Raymond Banks, dba DORIAN'S, Beer & Wine License, 810 Moraine Ave. (Trout Haven). C. Approve, Amend, or Deny the following Stipulation Agreements, and Associated Findings and Order of Suspension: 1. B&B Food Mart, 1110 Woodstock Dr. 2. Beaver Point Quick Stop Grocery, 911 Moraine Ave. 3. Notchtop Bakery & Caf*,459 E. Wonderview Dr., #4. 2. Estes Park Substation: A. Resolution #19-99 - Amending Resolution #11-98 for the Estes Park Substation Refinancing Project (Tax-Exempt Utility Revenue Bonds). B. Special Use Permit #9-LM-60-L-4650 for New Switchyard. C. Special Use Permit #9-LM-60-L-4660 for Power and Fiber Optic Lines. 3. Larimer County Open Lands Video (8 min.) 3. TOWN ADMINISTRATOR'S REPORT: 1. Town of Estes Park, Larimer County, Colorado, July 13, 1999 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 13th day of July, 1999. Meeting called to order by Mayor Robert L. Dekker. Present: Robert L. Dekker, Mayor Susan L. Doylen, Mayor ProTem Trustees Jeff Barker John Baudek Stephen W. Gillette George J. Hix Lori Jeffrey Also Present: Rich Widmer, Town Administrator Vickie O'Connor, Town Clerk Gregory A. White, Town Attorney Mayor Dekker called the meeting to order at 7:00 p.m. PUBLIC COMMENT: Mike Thornton, President, Northern Colorado Fraternal Order of Police appeared before the Board, advising that he represents all Estes Park sworn officers, and distributed documentation on the pay plan issue of the officers, and the length of time that it takes for an officer to move through the pay plan. Mayor Dekker commented that the Town is aware of inequities that may exist. No further action was taken. TOWN BOARD COMMENTS: None. 1. CONSENT CALENDAR: 1. Town Board Minutes dated June 8, 1999. 2. Bills. 3. Committee Minutes: A. Light & Power, June 10 and July 8, 1999 - Approval of: 1. Lyons Excavation Trenching Contract - Change Order, $5,430.00. B. Public Works, June 17, 1999 - Acceptance of: 1. Kitchen Co. bid of $213,298 and Weinland Const. Bids of $212,937.45 for 1999 Water Looping Project. C. Public Safety, July 1, 1999. 4. Planning Commission, June 15, 1999 (acknowledgement only). 5. Setting Liquor Show Cause Hearing for July 27, 1999: A. Resolution #10-99 -B& B Food Mart B. Resolution #11-99 -Beaver Point Quick Stop Grocery C. Resolution #13-99 - Notchtop Bakery & Caf@,Inc. Setting Liquor Show Cause Hearing for August 24, 1999: D. Resolution #14-99 - Safeway Stores 46, Inc. Board of Trustees -July 13, 1999 - Page 2 E. Resolution #15-99 - GHV-Colorado, Inc., dba The Stanley Hotel F. Resolution#12-99-Nicky's Restaurant & Lounge LTD. G. Resolution #16-99 - Park Wheel Co., Inc., dba The Wheel 6. Resolution #17-99 - Setting public hearing for July 27, 1999 for New Tavern Liquor License filed by Hospitality Specialists, Inc., dba MOLLY B. RESTAURANT, 200-212 Moraine Ave. (Change of Class). 7. Special Event Liquor Permits: A. Colorado Hunter Jumper Association, August 7, 1999 at 1209 Manford Ave. (Fairgrounds). B. Lions Club of Estes Park, August 21, 1999, 470 Prospect Village Dr. (Brewery). 8. Approval of Amended Transfer of Ownership Liquor License Application, naming New Stanley Associates, LP and GHV-Colorado, Inc. as joint licensees for The Stanley Hotel (Original Transfer of Ownership Application approved June 8, 1999). 9. Resolution #18-99 - Sponsoring the Larimer Emergency Telephone Authority (L.E.T.A.) into C.I.R.S.A. Trustee Baudek commented that he expects to consider the Show Cause Hearings continued to August 24th; there will be no continuances. It was moved and seconded (Hix/Doylen) the consent calendar be approved, and it passed unanimously. 2. ACTION ITEMS: 1. Finance: A. Presentation of Certificate of Achievement for Excellence in Financial Reporting by Government Finance Officers Association. Mayor Dekker presented the Achievement Certificate to Finance Officer Vavra. 1999 marks the 12th consecutive year the Finance Dept. has earned this prestigious award. B. Presentation of 1998 Comprehensive Annual Financial Report, Don Gruenler/Hiratsuka, Cassaday & Schaus, LLP. Finance Officer Vavra introduced Mr. Gruenler and together they presented the Annual Financial Report for December 31, 1998. The objectives and audit methodology, as well as graphs pertaining to revenues, expenditures and the like were reviewed. Mayor Dekker expressed the Board's appreciation for the report. 2. Amended Annexation Agreement for Wildfire Ridge. Town Attorney White removed this item from the Agenda, to be considered at a later date. 3. Liquor Licensing: A. Transfer of Ownership from Black Canyon Restaurants, Inc., to Twin Owls Steakhouse, Inc.,800 MacGreqor Ave., Hotel & Restaurant Liquor License. Acting upon the applicant's request, it was moved and seconded (Doylen/Gillette) the public hearing be continued to September 14, 1999, and it passed unanimously. !1 Board of Trustees - July 13, 1999 - Page 3 B. Transfer of Ownership: From Snowdance Properties, Inc., to Wildfire Chefs, Inc., dba FRIAR'S RESTAURANT, Hotel & Restaurant Liquor License, 157 W. Elkhorn Ave. #11. Clerk O'Connor confirmed the transfer application was in order. Trustee Baudek noted that the Board and Police Dept. take liquor licensing very seriously, and cautioned the applicant to do the same. It was moved and seconded (Hix/Barker) the Transfer of Ownership to Wildfire Chefs, Inc. be approved, and it passed unanimously. 3. TOWN ADMINISTRATOR'S REPORT: 1. Paid Fire Chief Position. Town Administrator Widmer introduced Assistant Town Administrator Repola who briefed the Board on the Fire Dept. Employee Research Team that was initiated January 5, 1999. The team consisted of Jim Watson, Doug Schlarbaum and Mike Kearney from the Fire Dept., and Repola and Widmer. Following Fire Dept. input, staff collected data on job descriptions. A Fire Chief job description (3/4-time) was drafted and it has been reviewed by Fire Dept. volunteers. Staff confirmed that the job description was ratified (21 to 3 with one abstention) July 5, 1999. The job position was posted today in the Fire Dept. and the Team will meet to discuss the selection process. Ass't Repola added that this was a first-rate process, and within one month, staff expects to announce the candidate selected. Town Administrator Widmer expressed his appreciation to Repola for his leadership on the Team. Following completion of all agenda items, Mayor Dekker adjourned the meeting at 7:29 p.m. Robert L. Dekker, Mayor Vickie O'Connor, Town Clerk 1 BRADFOROPUBLISHINGCO RECORD OF PROCEEDINGS Community Development Committee July 22, 1999 Committee: Chairman Barker, Trustees Doylen and Gillette Attending: All Also Attending: Town Administrator Widmer, Directors Hinze, Kilsdonk, Pickering, and Stamey, Advertising Manager Marsh, Deputy Clerk van Deutekom Chairman Barker called the meeting to order at 8:00 a.m. 1. COMMUNITY DEVELOPMENT a. Estes Valley Development Code. Director Stamey presented a review process schedule for the Estes Valley Development Code draft. Approximately 50 copies have been distributed to various groups/businesses including the Planning Commission, Trustees, Advisory Committee, news media, Board of Realtors, copy outlets, and the Library. Director Stamey reported that staff is working to put the Code on the internet website. 2. MARKETING a. Advertising Report. Manager Marsh reported that overall Vacation Planner requests are down 8.6% and the level of advertising-generated requests are up 12.4% compared to last year. Incoming 800 calls are down 7% and e-mail requests for planners are up 28.2% compared to last year. Manager Marsh presented publications highlighting Estes Park events and information, including Hemispheres, Sunset Magazine, Rocky Mountain National Park Travel Guide, and Colorado Homes & Lifestyles Magazine. Other work in progress includes the September insert and fall color ads for the Scotsfest to appear in the Rocky Mountain News and Denver Post, the 2000 AAA Colorado/Utah Tour.Book ad, and planning the 2000 magazine schedule. b. Conference Center Report. Director Pickering reported the Conference Center experienced favorable first half revenues in 1999. A report summarizing revenues wili be presented at the August meeting. Special thanks were given to Town staff members that generated and hosted the following conferences: Special Event Leaders, Chiefs of Police, and the State Firefighters. 2. MUSEUM/SENIOR CENTER a. Museum Monthly Report: Director Kilsdonk reported that the Herb Mignery bronze sculpture exhibit opened July 2nd with a reception attracting 183 people. The exhibit will be on display through August 2gth. The Ju/y 4th Car Show was very successful. Friends of the Museum netted over $5,000 in their first annual collectible car show, which attracted almost 100 vehicles and scores of passersby. The Terry Davis automobile art show exhibit at the Museum attracted 175 visitors during the event. July/August events include: Riverside Dance scheduled July 24th (tickets available at the Museum or the door), Estes Family Reunion scheduled August 5-7 (the Museum will be registration headquarters); 1899: Preparing for a New Century Family Program scheduled August 22nd - free day at the Museum. Total Museum attendance for June 1999 was 627 and 1,984 for 1999 year to date. Director Kilsdonk reported that she will continue to be the State Chair of the American Association for State and Local History Awards Program. ORADFORIPUSLISHING CO. RECORD OF PROCEEDINGS Community Development Committee - July 22, 1999 - Page 2 c. Senior Center Monthly Report: Jody Thompson, Senior Center Director, reported that Special Transit was successful in beginning one day per week service in the Estes Valley. Rides are available each Wednesday between the hours of 8:30 a.m. and 4:00 p.m. The service is funded by a grant to Special Transit and the Town. Attempts to locate funding for one additional day per week is underway. A total of 1108 meals were served in June 1999 compared to 1171 in June 1998. 3. SPECIAL EVENTS a. Event Evaluations: Jazz Fest & Art Walk Weekend. This 9th year event held May 22-23 included the best entertainment line-up to date, featuring well-known entertainers. The event received favorable advertising on KUNC and staff will investigate other Denver/Boulder area advertising for 2000. Weather for the Art Walk was favorable and participating galleries indicated steady traffic for the entire weekend. Wool Market. This 9th year event held June 17-20 continues to emphasize quality as a major objective. The educational value of the event continues to be brought to committee attention by public comment. The Estes Park Wool Market is one of the top three fiber festivals in the United States. Miniature Horses. This 15th year event held June 23-27 is an effortless show for staff. The 3- year contract expired in 1999 and the organizers are considering returning for another year. Arabian Horses. This 51st year event held Jun 30 - July 4 was a success. The organizers requested another year's contract. Rooftop Rodeo. This 73rd year event was excellent. The Cowboys doubled in number to 545. This was due to several influences: added money from a new sponsor (Central Tire/Country General); excellent reputation of the stock contractor (top five in the national standings); and positioning of the Greeley Stampede and our dates. Director Hinze reported that a critique will be presented when all event evaluations are compiled. 4. CHAMBER RESORT ASSOCIATION (CRA) a. Monthly Report. CRA Director David Thomas reported on visitor numbers and phone calls thru June. Visitor numbers are up from 86,000 in 1998 to 120,000 in 1999 and phone calls are up from 35,000 in 1998 to 42,000 in 1999. The renovation/remodel is complete and visitors appear to be spending more time in the center and taking increased amounts of brochures. There being no further business, Chairman Barker adjourned the meeting at 8:46 a.m. 34?Vani /0eutitu Rebecca van Deutekom, Deputy Town Clerk BRADFOROPUBLISHINGCO RECORD OF PROCEEDINGS Board of Adjustment July 13, 1999 Board: Chair John Baudek, Members Jeff Barker, Lori Jeffrey, Wayne Newsom and Al Sager Attending: Chair Baudek, Members Jeffrey, Newsom and Sager Also Attending: Senior Planner Joseph and Recording Secretary Wheatley Absent: Member Barker Chair Baudek called the meeting to order at 8:00 a.m. CONSENT AGENDA MINUTES The minutes of the March 9, 1999 meeting were accepted as presented. LOT 21, RIVERSIDE SUBDIVISION - JANE B. HAYNIE, APPLICANT - VARIANCE REQUEST FROM SECTION 17.20.040 (b) (1)a OF THE MUNICIPAL CODE. Senior Planner Joseph reviewed the staff report. The applicant is requesting a variance from the required 25 ft. street setback down to a minimum setback of 16 feet. This would allow a room addition of approximately 8 ft. by 15 ft. This is a very small lot with a wedge shape and a rock face at the rear. It is staff's opinion that exceptional narrowness and topographic constraints exist on this site. A variance from the required 25 ft. setback is warranted. The lot now has two attached dwelling units and one detached former dwelling unit. Parking on the lot is limited at present and the room addition should allow room for on-site parking for at least two cars. The lot has a temporary easement allowing an encroachment into the roadway until June, 2000. This property exceeds the allowable impervious coverage by a small amount. This variance request should also include a variance from Section 17.20.070 of the code. Staff recommended that the increase in square footage created by the new addition be offset by the removal of at least an equal amount of square footage with the removal of the encroachment. Staff recommended approval with conditions. The applicant, Jane Haynie, responded to questions regarding future plans for the property. The use of the south building had been a rental in the past, but the water and gas have been shut down several years ago. It is currently being used as storage. A building permit has been submitted to join the main unit with the south building, Unit 264. It currently has a bathroom, but no kitchen facilities. Unit 264 cannot be renovated to be an additional dwelling unit again, but it could be renovated for additional living space to Unit 262. The Board discussed the possibility of a third parking space. It was moved and seconded (Newsom/Sager) the variance request for Lot 21, Riverside Subdivision, LLC, be approved with the following conditions, and it passed unanimously: BRADFORDPUBLISHING CO. RECORD OF PROCEEDINGS , Board of Adjustment July 13, 1999 Page 2 1. The permanent retention of a minimum of two parking spaces located entirely on the property (off-street) is required. A site plan shall be submitted with the building permit for the new room addition that provides for a minimum depth of 17 ft. and a minimum width of 8 ft. for each of the two required spaces. 2. No on-street parking within the public right of way by the residents, or guests of the residents, of this property shall be allowed except as noted in Condition #5 below. 3. This property shall be limited to a maximum of two dwelling units. 4. The additional square footage created by the new addition will be offset by the removal of an equal square footage from the building at the south end of the property. 5. A required third parking space will be created by the removal of the encroachment. This space may extend partly into the unpaved portion of the R.O.W. and, if so, should not be regarded as a permanent parking space. REPORTS Time Period Clarification, Lot 6A, Amended Plat of Lots 6,7, & 8, Second Amended Plat Pine River Subdivision, approved by Board of Adjustment December 10, 1996. Senior Planner Joseph reviewed the original variance approval as stated in the Board of Adjustment minutes dates December 10, 1996. The applicant desires to take advantage of the variance given in 1996 due to a pending sale of one of the three lots. There have been no relevant changes since the approval of the variance. Member Newsom noted that his conflict of interest in this case no longer existed. Staff recommended that a one-year extension be approved. It was moved and seconded (Sager/Jeffrey) to approve a one-year extension of the original variance to expire July 13, 2000, and it passed unanimously. There being no further business, Chair Baudek adjourned the meeting at 8:51 a.m. lv\8-4,4,10 0>A ' a 4,44- Meribeth Wheatley, Recor@ing secretary DR 8439 (06/97) 21 COLORADO DEPARTMENT OF REVENUE LICiUOR ENFORCEMENT DIVISION APPLICATION FOR A 1375 SHERMAN STREET DENVER CO 80261 SPECIAL EVENTS PERMIT 9031 205-2300 ORDER TO QUALIFY FOR A SPECIAL EVENTS PERMIT, YOU MUST BE NONPROFIT I ONE OF THE FOLLOWING (See back for details.) 1 CHECK ONE: g~SOCIAL QCHARTERED BRANCH, LODGE OR CHAPTER OF A NATIONAL ORGANIZATION OR SOCIETY C]FRATEANAL ~RELIGIOUS INSTITUTION Â£ PATRIOTIC Â¤ PHILANTHROPIC INSTITUTION ~ POLITICAL D POLITICAL CANDIDATE DATHLETIC Â¤ MUNICIPALITY OWNING ARTS FACILITIES DO NOT WRITE IN THIS SPACE LIAB TYPE OF SPECIAL EVENT APPLICANT IS APPLYING FOR: DO NOT WRITE IN THIS SPACE 2110â‚¬] MALL VINOUS AND SPIRITUOUS LIQUOR $25.00 PER DAY LIQUOR PERMIT NUMBER 217Â°El FERMENTED MALT BEVERAGE (3.2 Beer) $10.00 PER DAY ~ 1. NAME OF APPLICANT ORGANIZATION OR POLITICAI, CANDIDATE ' State Sales Tax Number (Required) UÂ· 1 1 -977Â»7<7 ,/2,k., -95:)â€ž JA,-73Â·,U-~X' /(>(2 4246~3:1<Â£.7 ~54< 03 -309_03-Dot?D , 2. MAILIN~ ADDRESS OF ORGANIZATION OR POLITICAL CANDIDATE J 3. ADDRESS OF PLACE TO HAVE SPECIAL EVENT (include street, city/town and ZIP) (include street, city/town ap ZIP) 1 - -. , 0/ // 7 4 -7-2 0.(340 FY DO /104<40' GE:ELÂ£ 2222/UL.F' 4 txâ€¢ r L FLE C-JÂ»6 . ble j-71 r 1 6 2 05- / 7 0Â£45:â‚¬49 NAME ' DATE OF BIRTH HOME ADDRESS (Street, City, State, ZIP) PHONE NUMBER 4. PRES./SECY OF ORG. or POLITICAL CANDIDATt 1 1= .- '091 /9..261,1 1761. 1. f 1 F f go, 1,1 2 5 A DJ-/ LoG.. C A) 1 1 '1 1 21 CÂ·Â·Â·25... c.6-rt- C loh- 1.11 , r lik: ill o u 5. EVENT MANAGER , i '. /4 criÂ»: 2 -A. RTXL rum r 6 1 6. HAS APPLICANT ORGANIZATION OR POLITICAL CANDIDATE BEEN 7. IS PREMISES NOW LICENSED UNDER STATE LIQUOR OR BEER CODE? ISSUED A SPECIAL EVENT PERMIT THIS CALENDAR YEAR? ~_NO ~ YES HOW MANY DAYS? E NO m YES TO WHOM? . DOES THE APPLICANT HAVE POSSESSION OR WRITTEN PERMISSION FOR THE USE OF THE PREMISES TO BE LICENSED? ~ Yes O No LIST BELOW THE EXACT DATE(S) FOR WHICH APPLICATION IS BEING MADE FOR PERMIT Date 9/4, /4 9 Date 9/1-1- , / C Date Date Date Hours From Â£Â·â€¢ 54 .m. Hours From 2'61 /1.m. Hours From .m. Hours From .m. Hours F,Â·om To,/-4 U' 1~7 .nl. To/4.' 06 /2.m. To .m. To .m. To OATH OF APPLICANT I declare under ppqalty of perjury in the second degree that I have read the foregoing application and all attachments thereto. and that all informatiÂ® therein is true, corrÂ¥t, and complete to the best of my knowledge. SIGNAT~d~ 7/cAl TIT DA~E 19.6. , Â·~' '.Â£ 9.â€¢- fl-1.Â·\Â© r-~ / REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (CITY OR COUNTY) The foregoing application has been examined and the premises, business conducted and character of the applicant is satisfactory, and we do report that such permit, if granted, will comply with the provisions of Title 12, Article 48, C.R.S., as amended. THEREFORE, THIS APPLICATION IS APPROVED. LOCAL LICENSING AUTHORITY (CITY OR COUNTY) m CITY TELEPHONE NUMBER OF CITY/COUNTY CLERK O COUNTY SIGNATURE TITLE DATE DO NOT WRITE IN THIS SPACE - FOR DEPARTMENT OF REVENUE USE ONLY LIABILITY INFORMATION License Account Number Liability Date State TOTAL -750 (999) A (Instructions on Reverse Size) EE 'Â»sh.,1: -,4(% Longs Peak Scottish Highland Festival / ~1=.Fl, r.:. . 11 11 A P.O. Box 1820 â€¢ Estes Park, Colorado 80517 1ty*ld }15: (970) 586-6308 â€¢ 1-800-90-ESTES / b â‚¬-4 . 1 0 %.+ n FEN) CE ESTES ~PARK - COLORADO A '- il h-\4 \5 0 ; 11-4-9 i t. 4 /3 h- ./ 1 .>i 7 . A h ti \ . ' \ . . .. X , - 9Â£ 1//-- 2 Ratel DR 8439 (06/97) 21 COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION APPLICATION FOR A 1375 SHERM4N STREET DENVER CO 80261 SPECIAL EVENTS PERMIT (301) 205-2300 )RDER TO QUALIFY FOR A SPECIAL EVENTS PERMIT, YOU MUST BE NONPROFIT D ONE OF THE FOLLOWING (See back for details.) 1 CHECK ONE: C]SOCIAL ECHARTERED BRANCH, LODGE OR CHAPTER OF A NATIONAL ORGANIZATION OR SOCIETY C]FRATERNAL D RELIGIOUS INSTITUTION D PATRIOTIC O PHILANTHROPIC INSTITUTION D POLITICAL O POLITICAL CANDIDATE DATHLETIC D MUNICIPALITY OWNING ARTS FACILITIES DO NOT WRITE IN THIS SPACE LIAB TYPE OF SPECIAL EVENT APPLICANT IS APPLYING FOR: DOiNOT WRITE IN THIS SPACE 2110 ~ MALL VINOUS AND SPIRITUOUS LIQUOR $25.00 PER DAY LIQUOR PERMIT NUMBER 2170 m FERMENTED MALT BEVERAGE (3.2 Beer) $10.00 PER DAY 1. NAME OF APPLICANT ORGANIZATION OR POLITICAL CANDIDATE State Sales Tax Number (Required) Es-res \,At_wer S u U Q-,SE 22>-rl.Y 27 Â· 304Â·22 2. MAILING ADDRESS OF ORGANIZATION OR POLITICAL CANDIDATE 3. ADDRESS OF PLACE TO HAVE SPECIAL EVENT (include street, city/town and ZIP) (include street, city/town and ZIP) F.O. Dox 126( 804 0 64/0 .EgrES A.-c, <k> sos 17 Egrts A.Â·a-cc , 430 Bost 7 NAME ~ ; DATE OF BIRTH HOME ADDRESS (Street, City, State, ZIP) 0 PHONE NUMBER 4. PRES./SEC'Y OF ORG. or POLITICAL CANDIDATE (979) 1Â·22Â·40 7'51 6,*08 <1â€¢1Â·rou PA Es-te; k..c,GzostÂ·~ SS,1 - 2995- FOBEG-1- AU DEA,-1 4-1 (975) 5. EVENT MANAGER .. 9. ISÂ·46 2011 FBH Geact,-Ro.,Esil75 (Lve-<,LO SOSâ‚¬ 586-3271 ULÂ»det c jE:â„¢2-Ods 6. HAS APPLICANT ORGANIZATION OR POLITICAL CANDIDATE BEEN 7. IS PREMISES NOW LICENSED UNDER STATE LIQUOR OR BEER CODE? ISSUED A SPECIAL EVENT PERMIT THIS CALENDAR YEAR? ~ NO ~ YES HOW MANY DAYS? ~ NO ~ YES TO WHOM? 8. DOES THE APPLICANT HAVE POSSESSION OR WRITTEN PERMISSION FOR THE USE OF THE PREMISES TO BE LICENSED? ~ Yes O No f'.; . 3 ".Â«LIST.BELOWTHE EXACT DATE(S) FOR WHICH APPLICATION IS BEING MADE FORPERMIT 74 . 1-9 . ' S 7? Date Â»EP, 25, 1999 Date Z>El>r zg, [999 Date Date Date Hours From 10.-cm A.m. Hours From ie: 00 Am. Hours From .m. Hours From .m. Hours From .m. To 8:ou P.m. To 8:00 P.m. To .m. To .m. TO .m. (00*f, I 22+W'.*- V 0 >4â€ž, .0.- Â« â€ž>. . . f.,1,04Â¥41.7 Â· Â«OATH OF APPLICANTÂ» '-19 Â» 1 declare under penalty of perjury in the second degree that I have read the foregoing.application and all attachments therefg, and 1 that all information th~~in is true, correct:,Ed complete to the best of my knowledge.Â· ,< < . Ir I. '. .. VW# I Â»./. SIGNATURE TITLE DATE EVIEâ€¢.l-T- AA-KKAL -7. w. -,-, c t-L / -br/f 1 1 r.. EPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (CITY. OR COUNTY) ./ C1 1 C â€ž Â¥ Â·it 43.2. The foregoing application has been examined and the premises, business conducted and character of the applicant is shtiffactory, 2 6 / 71 arid we do report that such permit, if granted, will c6mply with the provisions of Title 12,:Article 48, C.R.S., as amended.t, , i ,Â» 4.: ' THEREFORE, THIS APPLICATION IS APPROVED. M ...- LOCAL LICENSING AUTHORITY (CITY OR COUNTY) 2 CITY TELEPHONE NUMBER OF CITY/COUNTY CLERK E COUNTY SIGNATURE TITLE DATE DO NOT WRITE IN THIS SPACE - FOR DEPARTMENT OF REVENUE USE ONLY '4 ' " ,' LIABILITY INFORMATION i ~ Â£ â€ž, , j. 2 , ' i>License Account Number Liability Date 9 ~ State ~ TOTAL . 1.91 3 h. * A , ... , 4 , .,1 4 ', -750 (999) (Instructions on Reverse Size) 3 d 4 I -4 9 + -acegn=941 8 f , -3, def j m - 1 A Â· 4 7 34 0 1- U d 4 i g 2 4 . 41 12- R 1/ 0 1Â»UE- 43* Town Clerk's Office Memo To: Honorable Mayor Dekker Board of Trustees Frorn: Vickie O'Connor, Town Clerk Date: July 23,1999 Re: Liquor License - Molly B. Restaurant Hospitality Specialists, Inc. (Susan Johnston and Randy Anderson) have submitted a "Change of Class" Application, from Beer and Wine to a Tavern. The State Liquor Code requires that a change of class be treated as a "new" license application, thus: 1. When the owners initially discussed the change to full beverage service, they decided to incorporate, thus the new licensee will be Hospitality Specialists, Inc. 2. A 30-day waiting period was observed. 3. The premise was posted with a sign advertising the change and public hearing. 4. The public hearing will be conducted July 27th. â€¢ Page 1 July 1997 PROCEDURE FOR HEARING ON APPLICATION NEW LIQUOR LICENSE MAYOR. The next order of business will be the public hearing on the application of Hospitality Specialists, Inc., dba MOLLY B. RESTAURANT, for a New Tavern Liquor License located at 200-212 Moraine Ave. At this hearing, the Board of Trustees shall consider the facts and evidence determined as a result of its investigation, as well as any other facts, the reasonable requirements of the neighborhood for the type of license for which application has been made, the desires of the adult inhabitants, the number, type and availability of liquor outlets located in or near the neighborhood under consideration, and any other pertinent matters affecting the qualifications of the applicant for the conduct of the type of business proposed. This public hearing will be conducted in the following manner: The applicant will be allowed to state his case and present any evidence he wishes to support his application. The opponents will be given an opportunity to state their case and present any evidence in opposition to the application. The applicant will be allowed a rebuttal limited to the evidence presented by the opponents. No new evidence may be submitted. The opponents will be allowed a rebuttal which may only rebut the evidence of the applicants. No new evidence may be offered. The Board of Trustees may ask any questions of any person speaking at any time during the course of this hearing. TOWN CLERK. Will present the application and confirm the following: The application was filed June 9, 1999. Il At a meeting of the Board of Trustees on July 13,1999, the public hearing was set for ' 7:00 p.m. on Tuesday, July 27,1999. O The neighborhood boundaries for the purpose of this application and hearing were established to be 3.5 miles. The Town has received all necessary fees and hearing costs. O The applicant is filing as a Corporation. D The property is zoned C-D which allows this type of business as a permitted use. D The notice of hearing was published on July 16, 1999. 0 The premises was posted on July 16, 1999. o There is a police report with regard to the investigation of the applicant. Il There is a map indicating all liquor outlets presently in the Town of Estes Park available upon request. MAYOR. D Ask the Town Clerk whether any communications have been received in regard to the application, and if so, to read all communication. Indicate that all evidence presented will be accepted as part of the record. Il Ask the Board if they have any further comments or questions. m Declare the public hearing closed. SUGGESTED MOTION: Finding. The Board of Trustees finds that the reasonable requirements of the neighborhood are/are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are/are not for the granting of this liquor license. Motion. Based upon the above findings, I move that this license be granted/denied. . 441 .01 4. C \ TOWN OF ESTES PARK Police Department ! 09% b r= '' -= ~ it. ..72.-'. - :4.1- -<1602~ ~~':13440\1.2.j'r , 1--'Â·tÂ·â‚¬A-fI:"c -le>.. *- - .' 14&* r . r.\ July 8, 1999 Vickie O'Connor, Town Clerk Town of Estes Park Estes Park, CO 80517 RE: Hospitality Specialists, Inc., dba: Molly B Restaurant Tavern Randy G Anderson DOB: 10/12/56 Susan K Johnston DOB: 07/19/48 Ms. O'Connor: An Estes Park local record check based upon the names and dates of birth of the above named individual(s) has been made. There are no local records on the above-mentioned person(s). Therefore, based upon the information received, I would recommend approval of the license for Hospitality Specialists, Inc., dba: Molly B Restaurant. Sincerely, .PriaÂ«/--- Gregg Filsinger/ Deputy Chief of Police (970) 586-4465 â€¢ PO. BOX 1287 â€¢ ESTES PARK, CO 80317 Â· FAX (970) 586-4496 DR 8404 (07/97) Page 1 COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION COLORADO LIQUOR 1375 SHERMAN STREET OR 3.2% FERMENTED MALT BEVERAGE DENVER CO 80261 RETAIL LICENSE APPLICATION ~1 NEW LICENSE m TRANSFER OF OWNERSHIP D LICENSE RENEWAL â€¢ ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN â€¢ APPLICANT MUST CHECK THE APPROPRIATE BOX(ES) â€¢ LOCAL LICENSE FEE $ â€¢ APPLICANT SHOULD OBTAIN A COPY OF THE COLORADO LIQUOR AND BEER CODE(Call 303-321-4164) DO NOT WRITE IN THIS SPACE 1. Applicant is applying as a D Individual ~ Corporation U Limited Liability Company El Partnership (includes Limited Liability and Husband and Wife Partnerships) D Association or Other 2. Ngne of Applicant(s) If partnership, list partners' names (at least two); if corporation, name of corporation ItÂ©5 011-A Mtv S eeciAL\Sts , t.,c. 2a.Trade Rlame of Establ(sbment (64) Stpte Sales Tax No. Business Telephone mul{Y 16. KesÂ·kiatw-r Afflte& 408. 970 586 9-744 3. Address of Prbmises (specify exact location of premises) 9-00-4/0. /MaAAINE ATE 4 69Â¥25 NA K AÂ«At me A- CO 90577 County , C State ZIP Code 4. 1*iling 5 ~~ Â·ess (Number and Street) City or Town MA k State ZIP Code pÂ©.Box 33-Bo Ebies CO 9 05/7 5. If the premises currently have a liquor or beer license, you MUST answer the following questions: Present Trade Name 94 Establishment (DBA) Present State License No. Present Class of License Present Expiration Date mo/9 8. Nes-6.4 2,9-~JT-- |1-9-7717-ccoo /3 boe. 99 / SECTION A APPLICATION FEES LIAB SECTION D LIQUOR LICENSE FEES 2360 1 Late Renewal Application Fee ................................ $500.00 1940 0 Retail Liquor Store License (city) ........................ $202.50 2300 Â® Application Fee for New License .............................. 650.00 1940 0 Retail Liquor Store License (county) .....................287.50 2300 D Application Fee-New License Concurrent Review.... 750.00 1950 U Liquor Licensed Drugstore (city) .......................... 202.50 2310 0 Application Fee for Transfer of Ownership ....,..,......, 650.00 1950 0 Liquor Licensed Drugstore (county) .....................287,50 SECTION B 3.2% BEER LICENSE FEES 1960 0 Beer & Wine License (city) ...................................326.25 2121 / Retail 3.2% Beer On Premises - (city) ...................... $71.25 1960 D Beer & Wine License (county)..............................411.25 2121 O Retail 3.2% Beer On Premises - (county)................... 92.50 1970 EH&R License Il city m county .........................475.00 2122 0 Retail 3.2% Beer Off Premises-(city) ............,...........71.25 1980 OH&R Licensew/opt Prem C]city Clcounty.....,475.00 2122 0 Retail 3.2% Beer Off Premises - (county) .,....,.,.....,,... 92.50 1990 0 Club License El city m county............................ 283.75 2123 0 Retail 3.2% Beer On/Off Premises-(city) .....,,,.......,..71.25 2010 M Tavem License *city U county........................ 475.00 2123 0 Retail 3.2% Beer On/Off Premises - (county).........,... 92.50 2020 E Arts License Â£ city Il county.............................283.75 2030 0 Racetrack License Clcity C]county ....................475.00 SECTION C RELATED FEES AND PERMITS 2040 0 Optional Premises' License m city m county...... 475.00 2210-100 (999) O Retail Warehouse Storage Permit ...................... $75.00 1905 D Retail Gaming Tavern Lic m city Ocounty........475.00 1980-100 (999) O Addition of Optional Premises to existing hotel/restaurant 1975 E Brew-Pub License 725.00 $75.00 x Total Fee 1970-750 (999) m Manager's Registration (hotel & restaurant only) ...$75.00 El Other No Fee ~13.2% Beer On/Off Premises Only Delivery Permit No Fee O Retail Liquor Store Delivery Permit 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 (Expiration Date) State City County Managers Reg -750 (999) 2180-100 (999) 2190-100 (999) 1970-750 (999) I~~ Cash Fund Now Ucons, . Cash Fund Transfer LIcense t - TOTAL . ':4 1 2300-100 - C.. , 3!310-100 4.6 (999) 4 -- (999) -- ~@IRL DR 8404 (07/97) 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- , Yes No holders or directors if a corporation) or manager under the age of twenty-one years? m KI. 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 alcoholic beverage license? E @81 (b) had an alcoholic beverage license suspended or revoked? m E (c) had interest in another entity that had an alcoholic beverage license suspended or revoked? m El If you answered yes to 7a, b or c, explain in detail on a separate sheet. 8a. 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. El El 8b. Has a 3.2 beer license for the premises to be licensed been denied within the preceding one year? If "yes," explain in detail. m El 9. Are the premises to be licensed within 500 feet of any public or private school that meets compulsory education requirements of CE Colorado law, or the principal campus of any college, university or seminary? 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 busings and list any Â® m current financialinterestinsaidbusinessincluding any loanstoor fromalicensee. m WIr ,8, AesÂ¥,tuR,ta;7-/ ,)Â©AL 11. Does the Applicant, as listed on line 2 of this application, have legal possession of the premises for at least 1 year from the date that this license will be issued by virtue of ownership, lease or other arrangement? MO El Ownership * Lease El Other (Explain in Detail) a. If leased, list name of landlord and tenant, and date of expiration, EXACTLY as they appear on the lease: Landlord 4.,Wol,WE 8624 +01 Â·yarwelye 8.,9,6- Tenant-~4.JDÂ¥,#0-,4,â€¢Â·w08~~i.~4~71*/1.3,3,871924,- Expires 9-30 -2002 71-ZE. 8â‚¬:,L Revceâ€¢ble 7*51-4./A 9--13-86 Â».6.A. /holly 8. e tnuRANT -'lac W/9. RvE yecte Â©tr:o,15 Attach a diagram and outline the area to be licensed (including dimensions) which shows the bars, brewery, walls, partitions, entrancek, 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 to 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, furniture 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 F~NktooAL Engk a# Estes 10(A N~A Ctut of~ (1(kIVE -Seckeib 67 5#5*to Sck. shu O b k . 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. 13. Optional Premises or Hotel and Restaurant Licenses with Optional Premises Yes No A local ordinance or resolution authorizing optional premises has been adopted. m El Number of separate Optional Premises areas rerp testerl 14. Liquor Licensed Drug Store applicants, answer the following: Yes No (a) Does the applicant for a Liquor Licensed Drug Store have a license issued by the Colorado Board of Pharmacy? COPY MUST BE ATTACHED. 00 15. Club Liquor License applicants answer the following and attach: (a) Is the applicant organization operated solely for a national, social, fraternal, patriotic, political or athletic purpose and m El not for pecuniary gain? (b) Is the applicant organization a regularly chartered branch, lodge or chapter of a national organization which is 00 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) How long has applicant occupied the premises (Three years required) to be licensed as a club? (Three years required) 16. Brew-Pub License Applicants answer the following: (a) Has the applicant received or applied for a Federal Brewers Notice? m El (Copy of notice or application must be attached) Date of Birth Hotel & Restr. Llc. 17a. Name of Manager (If this is an application for a Hotel Yes No and Restaurant License, the manager must also submit an Individual History Record (DR 8404-1). 0 0 17b. Does this manager act as the manager of, or have a financial interest in, any other liquor Yes No licensed establishment in the State of Colorado? If yes, provide name, type of license and account number. 00 18. Tax Distraint Information. Does the applicant or any other person listed on this application and including its partners, officers, Yes No directors, stockholders, members (LLC) or managing members (LLC) and any other persons with a 10% or greater financial interest 0 0 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. DR 8404 (07/97) Page 4 19. If applicant is a corporation, partnership, association or a limited liability company, it is required to list by position all officers and directors, , general partners, managing members, all stockholders, partners (including limited partners) and members who have a 10% or greater financial interest in the applicant. All persons listed here or by attachment must submit and attach a DR 8404-1 (Individual History Record) and provide fingerprint cards to their local licensing authority. NAME HOME ADDRESS, CITY & STATE DATE OF POSITION % OWNED BIRTH RAA-* 6.A,JAZAS'A) 76 204*6>Ni kA#Â£.;Estes ARK, 00 Â· /0-13.-56 See.Retng.9 9097< Su-5470 K.JOMAS-tom 76 00 |knMA,E. LANE; 44â‚¬S AR.k, de 7-/9-93 QkesÂ»AN 4-0 56 Additional Documents to be submitted by type of entity Z[ CORPORATION ~ Cert. of Incorp. ~ Cert. of Good Standing (if more than 2 yrs. old) ~ Cert. of Auth. (if a foreign corp.) ~ PARTNERSHIP ~ Partnership Agreement (General or Limited) ~ Husband and Wife partnership (no written agreement) ~ LIMITED LIABILITY COMPANY ~ Articles of Organization Â£ Cert. of Authority (if foreign company) U Operating Agrmt. U ASSOCIATION OR OTHER Attach copy of agreements creating association or relationship between the 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 o comply with the provisions of the Colorado Liquor or Beer Code which affect my license. Auth0f&ed PIDr)Ature Title Date 1-1 1 ApÂ·-*Z G--9- 9 el ~ REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (CITY/COUNTY) Date application filed with local authority Date of local authority hearing (for new license applicants; cannot be less ~4,19,1999 than 30 days from date of application 12-47-311 (1)) C.R.S. Each person required to file DR 8404-1: Yes No a. Has been fingerprinted mo b. Background investigation and NCIC and CCIC check for outstanding warrants conducted 00 c. The liquor licensed premises is ready for occupancy and has been inspected by the Local Licensing Authority. El 0 If "no", the building will be completed and ready for inspection by (date) The foregoing application has been examined; and the premises, business to be conducted, and character of the applicant are satisfactory. We do reportthatsuch license, if granted, will meetthe reasonable requirements of the neighborhood andthe desires of theadultinhabitants, and will comply with the provisions of Title 12, Article 46 or 47, C.R.S. THEREFORE, THIS APPLICATION IS APPROVED. Local Licensing Authority for Telephone Number El TOWN, CITY D COUNTY Signature Title Date ignature (attest) Title Date If premises are located within a town or city, the above approval should be signed by the mayor and clerk, if in a county, then by the chairman of the board of county commissioners and the clerk to the board. If, by ordinance or otherwise, the local licensing authority is some other official, then such approval should be given by such official. = fiÂ· - A+9 TOWN OF ESTES PARK 44Â£4*Fliv Police Department *y V.-9*Â®3~ bAL t. u AN fr- -,ef;~2Â» -i.#li ..41/ * /' (flts,%~w r-,M. - -62 1,10' -7-k-2.*7~.'4;) #94. 49*34&~Ar'%*6%1%%34 -Whz> - --3/ i.-./M#~%9-,2$:722#Zilz.AFF -3 -'..{M.-4\3,~4Ai'k.M / _3294â€¢841Â¤7Â· f %- /40 . eeÂ»63â‚¬39 1 / 46#Mff/*'02 't /84 February 3, 1999 Vickie O'Connor, Town Clerk Town of Estes Park Estes Park, CO 80517 RE: Trout Haven Beer & Wine Banks, Raymond T, DOB 09/30/58 Ms. O'Connor: A record check based upon the names and dates of birth of the above named individual(s) has been made. There have been no convictions, nor are there any wants or warrants against them. Therefore, based upon the information received, I would recommend approval of the license for Trout Haven Restaurant. Sincerely, Gregg Filsinger / Deputy Chief of Police GF/psa (970) 586-4465 â€¢ P.O. BOX 1287 â€¢ ESTES PARK, CO 80517 â€¢ FAX (970) 586-4496 DR 8404 (07/97) Page 1 21 COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORpEMENT DIVISION COLORADO LIQUOR 1375 SHERMAN STREET OR 3.2% FERMENTED MALT BEVERAGE DENVER CO 80261 RETAIL LICENSE APPLICATION ~ NEW LICENSE ~TRANSFER OF OWNERSHIP D LICENSE RENEWAL â€¢ ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN â€¢ APPLICANT MUST CHECK THE APPROPRIATE BOX(ES) â€¢ LOCAL LICENSE FEE $ â€¢ APPLICANT SHOULD OBTAIN A COPY OF THE COLORADO LIQUOR AND BEER CODE(Call 303-321-4164) DO NOT WRITE IN THIS SPACE 1. Applicant is applying as a E Individual U Corporation 1 Limited Liability Company El Partnership (includes Limited Liability and Husband and Wife Partnerships) El Association or Other 2. Name of ~p#04nt(s) If partnersWP, listpartners'~pal#Rs (at le#t two); if corporation, name of corporation PX rw m O Ard_ /. Uoct,JA s 2a. Trade Name ofMstablishment (DBA) State Sales Tax No. Business Telephone --.-1.--*---- \Dop, au ;> 90--00043-0000 5Â°64- 9 1-0 1. 3. Address of Premises (specify exact location of premises) 9 1 0 F} m Â£01 F c h u c- City County State ZIP Code E 1- ,A 6 / *5 ~ OLA- |C ~-- Â« A. ~ Al ~ R-- 00)0 %0511-1 4. Mailing Address (Number and Street) City or Town State ZIP Code : % 10 foonaj ~e. Adc R 5-t -y-5 f u A Co)6 9(0517 5. If the premises currently have a liquor or beer license, you MUST answer the following questions: Present Tfade Name of Establishment (DBA) Present State License No. Present Class of License Present Expiration Date \Â·4+4-6eA, LATI bA 13 -04-x49.0000 6.1/t- 'iÂ·Â·ov ur....L (3,~,u- 1 , 199 9 SECTION A APPLICATION FEES LIAB SECTION D # LIQUOR LICENSE FEES D Late Renewal Application Fee ................................ $500.00 1940 El Retail Liquor Store License (city) ........................$202.5C Â£ Application Fee for New License .............................. 650.00 1940 E Retail Liquor Store License (county) .....................287.50 2300 E Application Fee-New License Concurrent Review.... 750.00 1950 D Liquor Licensed Drugstore (city) ..,....,,.....,........... 202.50 2310 ]K.Application Fee for Transfer of Ownership ............... 650.00 1950 D Liquor Licensed Drugstore (county) .....................287.50 SECTION B 3.2% BEER LICENSE FEES 1960 ~Beer & Wine License (city)...................................326.25 2121 1 Retail 3.2% Beer On Premises - (city) ,...,.......,...,.,.,. $71.25 1960 0 Beer & Wine License (county).............................. 411.25 2121 O Retail 3.2% Beer On Premises-(county) .........,....,....92.50 1970 OH&R License C]city []county ...,.........,.,.....475.00 2122 El Retail 3.2% Beer Off Premises- (city) .................,,,....71.25 1980 O H&R Licensew/opt Prem Ocity C]county .,....475,00 2122 0 Retail 3.2% Beer Off Premises - (county).,................, 92.50 1990 0 Club License O city O county............................ 283.75 2123 0 Retail 3.2% Beer On/Off Premises-(city) ,......,,.,.....,,71.25 2010 El Tavern License Elcity Ocounty....,........,..........475.00 2123 0 Retail 3.2% Beer On/Off Premises - (county) ............. 92.50 2020 0 Arts License m city Ocounty.............................283.75 2030 El Racetrack License Ocity Ocounty ....................475.00 SECTION C RELATED FEES AND PERMITS 2040 U Optional Premises License [3 city B county...... 475.00 2210-100 (999) O Retail Warehouse Storage Permit ........,...,.,,,,..,. $75.00 1905Â« D Retail Gaming Tavern Lic Clcity [lcounty........475.00 1980-100 (999) O Addition of Optional Premises to existing hotel/restaurant 1975 0 Brew-Pub License 725.00 $75.00 x Total Fee 1970-750 (999) ~ Manager's Registration (hotel & restaurant only) ... $75.00 Il Other No Fee O 3.2% Beer On/Off Premises Only Delivery Permit No Fee [3 Retail Liquor Store Delivery Permit 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 (Expiration Date) ../..i/llf"l'illi State City County Managers Reg -750 (999) 2180-100 (999) 2190-100 (999) 1970-750 (999) 1 1 ilillili ../ 9/ Cash Fund New LIc*nge . Cash Fund Trandâ€¢r t.lconsâ€¢ 2300-100 ~ 5 ' ~ .2310-100", > '" / .>Â· ~ - 7 ,TOTAI (999) t. (9%Â» 3 - Â» DR 8404 (07/97) 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- Yes No ~ holders or directors if a corporation) or manager under the age of twenty-one years? 0 t 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 alcoholic beverage license? El Gr (b) had an alcoholic beverage license suspended or revoked? (c) had interest in another entity that had an alcoholic beverage license suspended or revoked? If you answered yes to 7a, b or c, explain in detail on a separate sheet. 8a. 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. O [/ 8b. Has a 3.2 beer license for the premises to be licensed been denied within the preceding one year? If "yes," explain in detail. o d 9. Are the premises to be licensed within 500 feet of any public or private school that meets compulsory education requirements of 0 4 Colorado law, or the principal campus of any college, university or seminary? 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 O [Y~ current financial interest in said business including any loans to or from a licensee. 11. Does the Applicant, as listed on line 2 of this application, have legal possession of the premises for at least 1 year from the date that this license will be isfued by virtue of ownership, lease or other arrangement? DE 2 Ownership N Lease D Other (Explain in Detail) a. If leased, list name of landlord and tenant, and date of expiratjÂ®, EXACTLY as they appear on the lease: Landâ‚¬rd / .rt*t 1 EXEves hi .1 11 1- 1,0 V'11 11 110 r n,-A l 040(4 .46,4/=na Ne.~ MS AA)~S 9--5 -00 Attach a diagram and outline the area to be licensed (including d~ensions) 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". (Doesn't have to 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, furniture 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 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. 13. Optional Premises or Hotel and Restaurant Licenses with Optional Premises Yes No A local ordinance or resolution authorizing optional premises has been adopted. m 'IK Number of separate Optional Premises areas requested. 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 Yes No Pharmacy? COPY MUST BE ATTACHED. El O 15. Club Liquor License applicants answer the following and attach: (a) Is the applicant organization operated solely for a national, social, fraternal, patriotic, political or athletic purpose and 0 0 not for pecuniary gain? (b) Is the applicant organization a regularly chartered branch, lodge or chapter of a national organization which is 0 0 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) How long has applicant occupied the premises (Three years required) to be licensed as a club? (Three years required) 16. Brew-Pub License Applicants answer the following: (a) Has the applicant received or applied for a Federal Brewers Notice? El O (Copy of notice or pplication must be attached) 17a. Name of Manager 44#~ Â£05/ /21,2,1/el'; (If this is an application for a Hotel Date of Birth Hotel & Restr. Lic. Yes,No and Restaurant License, theÂ®anager must also submit an Individual History Record (DR 8404-1). g.-2.-ro- , . . V 253 V' 17b. Does this manager act as the manager of, or have a financial interest in, any other liquor Yes No licensed establishment in the State of Colorado? If yes, provide name, type of license and account number. El IG 18. Tax Distraint Information. Does the applicant or any other person listed on this application and including its partners, officers, Yes No directors, stockholders, members (LLC) or managing members (LLC) and any other persons with a 10% or greater financial interest C] 81 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. DR 8404 (07/97) Page 4 19. If applicant is a corporation, partnership, association or a limited liability company, it is required to list by position all officers and directors, , general partners, managing members, all stockholders, partners (including limited partners) and members who have a 10% or greater financial interest in the applicant. All persons listed here or by attachment must submit and attach a DR 8404-I (Individual History Record) and provide fingerprint cards to their local licensing authority. DATE OF POSITION % OWNED NAME HOME ADDRESS, CITY & STATE BIRTH Additional Documents to be submitted by type of entity El CORPORATION El Cert. of Incorp. El Cert. of Good Standing (if more than 2 yrs. old) ~ Cert. of Auth. (if a foreign corp.) ~ PARTNERSHIP El Partnership Agreement (General or Limited) ~ Husband and Wife partnership (no written agreement) ~ LIMITED LIABILITY COMPANY ~ Articles of Organization ~ Cert. of Authority (if foreign company) U Operating Agrmt. ~ ASSOCIATION OR OTHER Attach copy of agreements creating association or relationship between the 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 o comply with the provisions of the Colorado Liquor or Beer Code which affect my license. Autheried Sigoa,Wrg57 Title Date 2071-2Aj EU 6 -9 9 C REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (CITY/COUNTY) Date application filed with local authority Date of local authority hearing (for new license applicants; cannot be less than 30 days from date of application 12-47-311 (1)) C.R.S. 7Â« 2 6,/9 9 9 Each Arson required to file DR 8404-1: Yes No a. Has been fingerprinted m Il b. Background investigation and NCIC and CCIC check for outstanding warrants conducted El O c. The liquor licensed premises is ready for occupancy and has been inspected by the Local Licensing Authority. 00 If "no", the building will be completed and ready for inspection by (date) The foregoing application has been examined; and the premises, business to beconducted, and characterof the applicant are satisfactory. Wedo reporlthatsuch license, if granted, will meetthe reasonable requirements of theneighborhood andthedesires 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 D TOWN, CITY U COUNTY Signature Title Date ignature (attest) Title Date If premises are located within a town or city, the above approval should be signed by the mayor and clerk, if in a county, then by the chairman of the board of county commissioners and the clerk to the board. If, by ordinance or otherwise, the local licensing authority-is some other official, then such approval should be given by such official. IVI Win U To: Honorable Mayor Dekker Board of Trustees Town Administrator Widmer Town Attorney White From: Vickie O'Connor, Town Clerk . -11 0/ Gregg Filsinger, Deputy Police Chief 24/ Date: July 23, 1999 Subject: Stipulation Guidelines/Agreements BACKGROUND. Stipulation Guidelines. Attached is aSUEECtliEUMÂ®elines.'dated-Jan-03-9219981 Gregg and I have successfully used these guidelines in working on Stipulation Agreements. As you recall when these guidelines were adopted, we used the State Liquor Division's guidelines for penalties, and we were directed to "up the ante" on the following violations: Sale to an Underage Person, Sale to an Intoxicated Person, and Conduct of Establishment/Intentional. The Police Dept. conducted a sting on June 5~h and found 7 liquor licensees in violation of sale to an underage person. On June 491, we received (from the Liquor Division) Model Guidelines Concerning Compliance Checks for Underage Alcohol Sales with suggested penalties. A copy of theEGES] fperialtrsectiorrib also attached. Stipulation Agreements. Stipulation Agreements negotiated as a result of the June 5~h sting, were considered utilizing the current Guidelines dated January, 1998. Pursuant to: (a) Item #1 in the "Notes" section of our current Guidelines where the Town Board or staff is allowed to alter the suspension time; (b) the State's amended penalties; (c) an effort to educate liquor licensees, and (d) in consideration of the Town Board's cument stance on liquor violations, Gregg and I negotiated the following Stipulation Agreements: Sale to an Underage Person, 1St Offense: 21-day Suspension, with 7 days served, and 14 days held in abeyance, plus TIPS Training (Training Intervention Program for Servers of Alcohol) for permanent employees within 90 days of the stipulation period, with trained employees to train their remaining employees, including new-hires within 12 months of the stipulation period. â€¢Pagel Sale to an Underage Person, 2nd Offense: 30-day Suspension, with 10 days served, 20 days held in abeyance, plus the identical TIPS training requirement. As you know, the Town Board may amend, approve, or deny any Stipulation Agreement. If you choose to deny any of the Stipulation Agreements presented during the July 27th Town Board meeting, I suggest the Show Cause Hearing(s) be scheduled August 10th to provide an opportunity for the licensee to obtain legal counsel. Lastly, we are presenting Amended Liquor License Stipulation Guidelines dated July, 1999, and request they be adopted. The "recommended suspension" column- has been revised to reflect what we negotiated above, and the actual time served column is blank to allow staff a negotiation stance, depending on the severity of the violation. RECOMMENDATION. Staff recommends the Town Board: (1) Approve the Stipulation Agreements for B&B Food Mart, Beaver Point Quick Stop Grocery, and Notchtop Bakery & Cafa, the Findings and Order of Suspension, and (2) Adopt the Revised Stipulation Guidelines dated July, 1999. â€¢Page 2 CIQUOR-LICENSE' 51* U IzATION -GUIDEUINEST' January:219981 Statement of Purpose: To authorize Town staff to negotiate a Stipulation Agreement, utilizing these Guidelines, with the Liquor Licensee following the setting of a Show Cause Hearing. The Town Board may amend, approve, or deny any Stipulation Agreement. REGULATION NO. CODE VIOLATION TOTAL ACTUAL SUSPENSION TIME SERVED* Critical Violations: 12-47-901(1)(a) Sale to an Underage Person 1 * Offense 30 Days 15 Days 2nd Offense 90" 45" 3rd Offense 6 Months 90" 12-47-901(1)(a) and Sale to Intoxicated Person Reg. 47-900 1 st Offense 30 Days 15 Days 2nd Offense 90" 45 " 3rd Offense 6 Months 90" Reg. 47-900A. Conduct of Establishment Intentional: 1st Offense 45 U 30 Days 15 Days 2nd Offense 90 " 3rd Offense 6 Months 90" Administrative Violations: 12-47-901(5)(n)(I) and Permitting Illegal Gambling Reg. 47-922A. 1. 1 st Offense 7 Days 3 Days 2nd Offense 30" 15" 3rd Offense 90 " 45 " " Video Poker Gambling 1 st Offense 7 Days 3 Days 2nd Offense 30 " 15" 3rd Offense 90 " 45" " Shake-A-Day Gambling Device 1 * Offense 7 Days 3 Days 2nd Offense 30 " 15" 3rd Offense 90" 45" REGULATION NO. CODE VIOLATION TOTAL ACTUAL SUSPENSION TIME p SERVED* Reg. 47-900A. Permitting Disturbances 1 st Offense 20 Days 10 Days 2nd Offense - 30" 15" Reg. 47-900A. Conduct of Establishment Negligence: 1 st Offense 20 Days 10 Days 2nd Offense 30" 15" 3rd Offense 90 " 45" Reg. 47-408A. Purchase of Liquor from Other Than Wholesaler 1 st Offense 3 Days 5 Days -0- 2nd Offense 7" Reg. 47-419B. Failure to Meet Food Requirement (H&R, Brew Pub) 1 st Offense 10 Days 5 Days 2nd Offense 30 " 15" 12-47-901 (5) IV (I) Sale After Legal Hours 1 st Offense 7 Days 3 Days 2nd Offense 20" 10" 12-47-301(7) Failure to Report Manager, Corporate & Financial Change 1 st Offense 5 Days -0- 2nd Offense 7 " 3 Days 12-47-901(5)(a)(I) Underage Employee Selling or Serving 1 . Offense 20 Days 10 Days 2nd Offense 30 " 15" 3rd Offense 90 " 45 " Reg. 47-904C. Altered Liquor 1 st Offense 10 Days 5 Days Definition: 1 . Offense: for the purpose of these guidelines, an offense is a single occurrence of a violation. It is possible that within an offense, there could be multiple counts. 2 Notes: 1. These guidelines are intended as an instrument for the Town Board and Staff. The Town Board and Staff may at any time, depending upon the severity of the violation, alter the suspension time defined in these guidelines. 2. These guidelines were prepared following review of the Colorado Liquor Enforcement Division's Guidelines. 3. Staff may, at any time, elect not to negotiate a Stipulation Agreement, thus proceeding with the Show Cause Hearing before the Board of Trustees. 4. All substantial liquor license violations, as determined by Staff, will be scheduled for a Show Cause Hearing. If the Town Board does not approve the Stipulation Agreement, the Town Board will proceed with the Show Cause Hearing. *5. Days not actually served (days held in abeyance) are suspended on the condition that no further violations occur within the one-year stipulation period. TOWN OF ESTES PARK BOARDOFIBUSTEES-1 3 sting 1.web Page 4 0 f 7 CIATE-]LI.QUOR-DIVEI GRZEENACT-Y-SE-CI.rOO C. Licensees who fail to sell to underage operatives should be notified of same, preferably in writing within 14 days. VII. Suggested Penalties A. The seller/server should be issued a criminal summons. B. The licensee may receive administrative sanctions through the licensing authority. 1. First Offense - Written warning to 15 day suspension. Accepting a fine in lieu of up to 14 days of actual suspension is at the discretion of the licensing authority, as is holding a portion of the suspension time in abeyance for a period of time. As an inducement for licensees to provide training for servers, because server training has proven to be an aid in the reduction of violations, it is recommended that, where there are no aggravating circumstances, a licensee who has provided training to its staff members be issued only a warning on first violation. 2. Second Offense (within one year) - 5 to 30 day suspension. If no fine was paid or suspension served at the time of the first offense, it would be within the discretion of the licensing authority to accept a fine in lieu of actual days of suspension and/or to hold a portion of the suspension time in abeyance for a period of time. 3 Third Offense (within one year) - 20 to 45 day suspension. 4. Fourth Offense (within two years) - 45 day suspension to revocation. C. Mitigation/Aggravation to be considered regarding severity of penalty imposed may include: 1. Action taken by the licensee to prevent violation, i. e. training of servers. See Section VII. B.1. ofthis policy. 2. Licensee's past history of success or failure with compliance checks. 3. Corrective action taken by the licensee. 4. Prior violations/prior corrective action and its effectiveness. 5. Willfulness or deliberateness of the violation. 6. Likelihood of recurrence of the violation. 7. Factors which might make the situation unique, such as: http://www.revenue.state.co.us/liquor_dir/pub5.htm 6/4/99 LIQUOR LICENSE STIPULATION GUIDELINES *Revised July, 1999 J Statement of Purpose: To authorize Town staff to negotiate a Stipulation Agreement, utilizing these Guidelines, with the Liquor Licensee following the setting of a Show Cause Hearing. The Town Board may amend, approve, or deny any Stipulation Agreement. REGULATION NO. CODE VIOLATION *RECOMMENDED *ACTUAL SUSPENSION TIME SERVED - TO BE DETERMINED Critical Violations: 12-47-901(1)(a) Sale to an Underage Person 1 * Offense 21 Days 2nd Offense, w/in 1 yr. 30 " 3rd Offense, w/in 1 yr. 60 " 4th Offense, w/in 2 yrs. 90 " to revocation 12-47-901(1)(a) and Sale to Intoxicated Person Reg. 47-900 1 st Offense 30 Days 2nd Offense 90" 3rd Offense 6 Mo. to revocation Reg. 47-900A. Conduct of Establishment Intentional: 1 st Offense 30 Days 2nd Offense 90" 3rd Offense 6 Mo. to revocation Administrative Violations: 12-47-901(5)(n)(I) Permitting Illegal Gambling and 1 st Offense 7 Days Reg. 47-922A. 1. 2nd Offense 30 " 3rd Offense 90 " to revocation " Video Poker Gambling 1 st Offense 7 Days 2nd Offense 30 " 3rd Offense 90 " to revocation REGULATION NO. CODE VIOLATION *RECOMMENDED *ACTUAL SUSPENSION TIME SERVED - TO BE DETERMINED Shake-A-Day Gambling Device 1 s, Offense 7 Days 2nd Offense 30" 3rd Offense 90" Reg. 47-900A. Permitting Disturbances 1 st Offense 20 Days 2nd Offense 30" 3rd Offense 90" Reg. 47-900A. Conduct of Establishment Negligence: 1 st Offense 20 Days 2nd Offense 30" 3rd Offense 90 " to revocation Reg. 47-408A. Purchase of Liquor from Other Than Wholesaler 1 . Offense 5 Days 2nd Offense 7 " Reg. 47-419B. Failure to Meet Food Requirement (H&R, Brew Pub) 1 st Offense 10 Days 2nd Offense 30" 12-47-901 (5) IV (I) Sale After Legal Hours 1 . Offense 7 Days 2nd Offense 20" 12-47-301(7) Failure to Report Manager, Corporate & Financial Change 1 st Offense 5 Days 2nd Offense 7 " 12-47-901(5)(a)(I) Underage Employee Selling or Serving 1 st Offense 20 Days 2nd Offense 30 " 3rd Offense 90 " Reg. 47-904C. Altered Liquor 1 st Offense 10 Days 2 Definition: 1. Offense: for the purpose of these guidelines, an offense is a single occurrence of a violation. It is possible that within an offense, there could be multiple counts. Notes: 1. These guidelines are intended as an instrument for the Town Board and Staff. The Town Board and Staff may at any time, depending upon the severity of the violation, alter the suspension time defined in these guidelines. 2. *These guidelines were prepared following review of the Colorado Liquor Enforcement Division's Guidelines, as updated June 4, 1999. 3. Staff may, at any time, elect not to negotiate a Stipulation Agreement, thus proceeding with the Show Cause Hearing before the Board of Trustees. 4. All substantial liquor license violations, as determined by Staff, will be scheduled for a Show Cause Hearing. If the Town Board does not approve the Stipulation Agreement, the Town Board will proceed with the Show Cause Hearing. 5. Days not actually served (days held in abeyance) are suspended on the condition that no further violations occur within the one-year stipulation period. 6. *Liquor violations are carried for 5 years for purposes of litigation. 3 . BEFORE THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, ESTES PARK, COLORADO FINDINGS AND ORDER OF SUSPENSION IN THE MATTER OF: B & B FOOD MART 1110 Woodstock Dr. P. 0. Box 2326 Estes Park, CO 80517 License No. 03-23802-0000 THIS MATTER comes on for Show Cause Hearing before the Board of Trustees of the Town of Estes Park, Colorado, sitting as the Liquor Licensing Authority with respect to the above referenced alcohol beverage license. The Board of Trustees, having been presented with a Stipulation and Agreement executed by the Estes Park Police Department and Town Clerk as representatives of the Town, and B&B FOOD MART, hereby accepts said Stipulation and Agreement and pursuant to said Stipulation and Agreement, enters the following FINDINGS AND ORDER: FINDINGS: 1. Notice of the Show Cause Hearing was mailed to the Licensee on July 15, 1999. 2. Based upon the Stipulation and Agreement presented to the Board of Trustees and incorporated into this Findings and Order by reference, the Authority finds that the allegations contained in Exhibit A of the Order to Show Cause and Notice of Hearing are true and represent violations of the Colorado Liquor and Beer Code. ORDER: The Authority hereby orders that the 3.2% Retail Beer License issued to B&B FOOD MART, 1110 Woodstock Dr., be and hereby is suspended for period of 21 days, with an actual time served of 7 days, from 12:01 a.m. Wednesday, August 25, 1999 through 11:59 p.m. Tuesday, August 31, 1999. The 14 days held in abeyance are suspended on the condition that no further violations occur within the one-year stipulation period, AND all permanent employees be required to attend certified TIPS (Training Intervention Program for Servers of Alcohol) Training within 90 days from the date of the Findings and Order of Suspension. Permanent employees receiving certified TIPS Training to train their remaining employees, including new-hires, within 12 months from the date of the Findings and Order of Suspension. A list of all trained personnel is to be provided to the Town Clerk's Office. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk BEFORE THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, ESTES PARK, COLORADO STIPULATION AND AGREEMENT IN THE MATTER OF: B & B FOOD MART 1110 Woodstock Dr. P. 0. Box 2326 Estes Park, CO 80517 License No. 03-23802-0000 THIS AGREEMENT BETWEEN the Board of Trustees, Town of Estes Park, ("the Town"), acting as the Local Licensing Authority, and ,B&B FOOD MART, 1110 Woodstock Dr., P. O. Box 2326, Estes Park, CO 80517 ("Licensee") is offered for the purpose of a settlement of the matters detailed in the Order to Show Cause and Notice of Hearing attached hereto as Exhibit A and incorporated herein by reference. The above- named parties submit and agree as follows: 1. The facts and allegations as set forth on Exhibit A of the Order to Show Cause and Notice of Hearing are true and accurate. 2. The Licensee represents and states as follows: A. Licensee waives the right to a hearing before the Board of Trustees for the purpose of determining whether or not the Licensee committed the violations. B. Licensee waives the right to confront witnesses presented by the Town to establish the said violations and the right to have subpoenas issued requiring the presence of persons or the production of papers, books and records necessary for the determination of all issues to be presented to the Board of Trustees. C. Licensee's admissions to the alleged violations are made voluntarily and the admissions are not the result of any undue influence or coercion on the part of anyone. D. Licensee has had the opportunity to fully consider the consequences of the Stipulation and has had the opportunity to seek advice from its own legal counsel. E. Licensee understands that, by admitting to the alleged violations, the Board of Trustees will consider the said violations to have been proven and Licensee hereby waives the necessity of establishing a factual basis to support a finding of said violations. 3. The Licensee agrees to (A) a 21-Day Suspension, with an actual time served of 7 days of its 3.2% Retail Beer License as a penalty for its violation of the Colorado Liquor and Beer Code as set forth in Paragraph 1 of this Stipulation and Agreement. Said suspension of Licensee's 3.2% Retail Beer License to take place as follows: From 12:01 a.m. Wednesday, August 25, 1999 through 11:59 p.m. Tuesday, August 31,1999. (B) The 14 days held in abeyance are suspended on the condition that no further violations occur within the one-year stipulation period, AND (C) All permanent employees required to attend certified TIPS (Training Intervention Program for Servers of Alcohol) Training within 90 days from the date of the Finding and Order of Suspension. Permanent employees receiving certified TIPS Training to train their remaining employees, including new-hires, within 12 months from the date of the Finding and Order of Suspension. A list of all trained personnel is to be provided to the Town Clerk's Office. 4. The parties agree that nothing set forth in this Stipulation and Agreement shall prevent or hinder the Town in considering suspension or revoking Licensee's 3.2% Retail Beer License for any violation of the Colorado Liquor and Beer Code, subsequent to the date of this Stipulation. However, the Town shall comply with all of the requirements of the Colorado Liquor and Beer Code in any subsequent proceeding. 5. In the event that the Board of Trustees chooses not to accept the provisions of this Stipulation, the Licensee shall be permitted to withdraw its admissions to the charges and proceed to hearing on all issues set forth in the Notice. If Licensee withdraws its admissions, nothing in this Stipulation shall be used as evidence or taken into account by the Board of Trustees in the hearing on the Notice or in any subsequent proceeding concerning this matter. 6. The persons executing this Stipulation and Agreement for the Licensee have full corporate authority to execute this Stipulation and Agreement and bind the corporation which is the Licensee. DATED this /4~ day of ~41+- , 19 9 U U B & B FOOD MAÂ¤T TOWN OF ESTES PARK /7 10 - By: A. t l siÂ·. f .LAul O - Â«â€žt.Â£4~ Town Clerk M '1 P f . EXHI BIT "A" APPLICABLE INFORMATION ON ALLEGED VIOLATIONS STATUTES VIOLATED: 12-47-901. Unlawful acts - exceptions. (1) Except as provided in section 18-13-122, C.R.S., it is unlawful for any person: (a) to sell, serve, give away, dispose of, exchange, or deliver or permit the sale, serving, giving, or procuring of any alcohol beverage to or for any person under the of twenty-one years, to a visibly intoxicated person, or to a known habitual drunkard; It is alleged that on or about June 5, 1999, Sarah A. Hills, employee of B&B FOOD MART did sell a six-pack of Bottled 12 oz. Coors Brand 3.2% Beer to a person under the age of 21. As Owner, Jim Barleen was also cited. BEFORE THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, ESTES PARK, COLORADO FINDINGS AND ORDER OF SUSPENSION IN THE MATTER OF: BEAVER PT. QUICK STOP GROCERY 911 Moraine Ave. P. 0. Box 3584 Estes Park, CO 80517 License No. 03-46629-0000 THIS MATTER comes on for Show Cause Hearing before the Board of Trustees of the Town of Estes Park, Colorado, sitting as the Liquor Licensing Authority with respect to the above referenced alcohol beverage license. The Board of Trustees, having been presented with a Stipulation and Agreement executed by the Estes Park Police Department and Town Clerk as representatives of the Town, and BEAVER PT. QUICK STOP GROCERY, hereby accepts said Stipulation and Agreement and pursuant to said Stipulation and Agreement, enters the following FINDINGS AND ORDER: FINDINGS: 1. Notice of the Show Cause Hearing was mailed to the Licensee on July 15,1999. 2. Based upon the Stipulation and Agreement presented to the Board of Trustees and incorporated into this Findings and Order by reference, the Authority finds that the allegations contained in Exhibit A of the Order to Show Cause and Notice of Hearing are true and represent violations of the Colorado Liquor and Beer Code. ORDER: The Authority hereby orders that the 3.2% Retail Beer License issued to BEAVER PT. QUICK STOP GROCERY, 911 Moraine Ave., be and hereby is suspended for period of 30 days, with an actual time served of 10 days, from 12:01 a.m. Wednesday, August 25, 1999 through 11:59 p.m. Friday, September 3, 1999. The 20 days held in abeyance are suspended on the condition that no further violations occur within the one-year stipulation period, AND all permanent employees are required to attend certified TIPS (Training Intervention Program for Servers of Alcohol) Training within 90 days from the date of the Findings and Order of Suspension. Permanent employees receiving certified TIPS Training to train their remaining employees, including new-hires, within 12 months from the date of the Findings and Order of Suspension. A list of all trained personnel is to be provided to the Town Clerk's Office. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk - BEFORE THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, ESTES PARK, COLORADO STIPULATION AND AGREEMENT IN THE MATTER OF: BEAVER PT. QUICK STOP GROCERY 911 Moraine Ave. P. 0. Box 3584 Estes Park, CO 80517 License No. 03-46629-0000 THIS AGREEMENT BETWEEN the Board of Trustees, Town of Estes Park, ("the Town"), acting as the Local Licensing Authority, and BEAVER PT. QUICK STOP GROCERY, 911 Moraine Ave., P. O. Box 3584, Estes Park, CO 80517 ("Licensee") is offered for the purpose of a settlement of the matters detailed in the Order to Show Cause and Notice of Hearing attached hereto as Exhibit A and incorporated herein by reference. The above-named parties submit and agree as follows: 1. The facts and allegations as set forth on Exhibit A of the Order to Show Cause and Notice of Hearing are true and accurate. 2. The Licensee represents and states as follows: A. Licensee waives the right to a hearing before the Board of Trustees for the purpose of determining whether or not the Licensee committed the violations. B. Licensee waives the right to confront witnesses presented by the Town to establish the said violations and the right to have subpoenas issued requiring the presence of persons or the production of bapers, books and records necessary for the determination of all issues to be presented to the Board of Trustees. C. Licensee's admissions to the alleged violations are made voluntarily and the admissions are not the result of any undue influence or coercion on the part of anyone. D. Licensee has had the opportunity to fully consider the consequences of the Stipulation and has had the opportunity to seek advice from its own legal counsel. E. Licensee understands that, by admitting to the alleged violations, the Board of Trustees will consider the said violations to have been proven and Licensee hereby waives the necessity of establishing a factual basis to support a finding of said violations. 3. The Licensee agrees to (A) a 30-Day Suspension, with an actual time served of 10 days of its 3.2% Retail Beer License as a penalty for its violation of the Colorado Liquor and Beer Code as set forth in Paragraph 1 of this Stipulation and Agreement. Said suspension of Licensee's 3.2% Retail Beer License to take place as follows: From 12:01 a.m. Wednesday, August 25, 1999 through 11:59 p. m. Friday, September 3,1999. (B) The 20 days held in abeyance are suspended on the condition that no further violations occur within the one-year stipulation period, AND (C) All permanent employees required to attend certified TIPS (Training Intervention Program for Servers of Alcohol) Training within 90 days from the date of the Finding and Order of Suspension. Permanent employees receiving certified TIPS Training to train their remaining employees, including new-hires, within 12 months from the date of the Finding and Order of Suspension. A list of all trained personnel is to be provided to the Town Clerk's Office. 4. The parties agree that nothing set forth in this Stipulation and Agreement shall prevent or hinder the Town in considering suspension or revoking Licensee's 3.2% Retail Beer License for any violation of the Colorado Liquor and Beer Code, subsequent to the date of this Stipulation. However, the Town shall comply with all of the requirements of the Colorado Liquor and Beer Code in any subsequent proceeding. 5. In the event that the Board of Trustees chooses not to accept the provisions of this Stipulation, the Licensee shall be permitted to withdraw its admissions to the charges and proceed to hearing on all issues set forth in the Notice. If Licensee withdraws its admissions, nothing in this Stipulation shall be used as evidence or taken into account by the Board of Trustees in the hearing on the Notice or in any subsequent proceeding concerning this matter. 6. The persons executing this Stipulation and Agreement for the Licensee have full corporate authority to execute this Stipulation and Agreement and bind the corporation which is the Licensee. DATED this 12 -3 day of OÂ«7 , 19 99. 1 J BEAVER PT. QUICK STOP GROCERY TOWN OF ESTES PARK VL,/9 '1 - B\r. B\Â¥. / /f<f,ltilia,*v / ~ Â£'Estes Park 1~~0 Department By: 'flt (0 (thwalÂ« Town Clerk f EXHIBIT "A' APPLICABLE INFORMATION ON ALLEGED VIOLATIONS STATUTES VIOLATED: 12-47-901. Unlawful acts - exceptions. (1) Except as provided in section 18-13-122, C.R.S., it is unlawful for any person: (a) to sell, serve, give away, dispose of, exchange, or deliver or permit the sale, serving, giving, or procuring of any alcohol beverage to or for any person under the of twenty-one years, to a visibly intoxicated person, or to a known habitual drunkard; It is alleged that on or about June 5, 1999, Janice R. Istre, employee of BEAVER PT. QUICK STOP GROCERY did sell a six-pack of Coors Light Brand 3.2% Beer to a person under the age of 21. As Owner, Ahmed I. Zaina was also cited. This is a second offense. The first "sale to an underage person" occurred December 20, 1996. BEFORE THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, ESTES PARK, COLORADO FINDINGS AND ORDER OF SUSPENSION IN THE MATTER OF: Notchtop Bakery & Caf@, Inc. NOTCHTOP BAKERY & CAFE 459 E. Wonderview Dr. #4 Estes Park, CO 80517 License No. 26-23593-0000 THIS MATTER comes on for Show Cause Hearing before the Board of Trustees of the Town of Estes Park, Colorado, sitting as the Liquor Licensing Authority with respect to the above referenced alcohol beverage license. The Board of Trustees, having been presented with a Stipulation and Agreement executed by the Estes Park Police Department and Town Clerk as representatives of the Town, and NOTCHTOP BAKERY & CAFE hereby accepts said Stipulation and Agreement and pursuant to said Stipulation and Agreement, enters the following FINDINGS AND ORDER: FINDINGS: 1. Notice of the Show Cause Hearing was mailed to the Licensee on July 15, 1999. 2. Based upon the Stipulation and Agreement presented to the Board of Trustees and incorporated into this Findings and Order by reference, the Authority finds that the allegations contained in Exhibit A of the Order to Show Cause and Notice of Hearing are true and represent violations of the Colorado Liquor and Beer Code. ORDER: The Authority hereby orders that the Beer & Wine License issued to Notchtop Bakery & Caf@, Inc., NOTCHTOP BAKERY & CAFE, 459 E. Wonderview Dr. #4, be and hereby is suspended for period of 21 days, with an actual time served of 7 days, from 12:01 a.m. Wednesday, August 25, 1999 through 11:59 p.m. Tuesday, August 31, 1999. The 14 days held in abeyance are suspended on the condition that no further violations occur within the one-year stipulation period, AND all permanent employees be required to attend certified TIPS (Training Intervention Program for Servers of Alcohol) Training within 90 days from the date of the Findings and Order of Suspension. Permanent employees receiving certified TIPS Training to train their remaining employees, including new-hires, within 12 months from the date of the Findings and Order of Suspension. A list of all trained personnel is to be provided to the Town Clerk's Office. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk . BEFORE THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, ESTES PARK, COLORADO STIPULATION AND AGREEMENT IN THE MATTER OF: Notchtop Bakery & CaM, Inc. NOTCHTOP BAKERY & CAFE 459 E. Wonderview Dr. #4 Estes Park, CO 80517 License No. 26-23593-0000 THIS AGREEMENT BETWEEN the Board of Trustees, Town of Estes Park, ("the Town"), acting as the Local Licensing Authority, and Notchtop Bakery & CaM, Inc., NOTCHTOP BAKERY & CAFE, 459 E. Wonderview Dr. #4, Estes Park, CO 80517 ("Licensee") is offered for the purpose of a settlement of the matters detailed in the Order to Show Cause and Notice of Hearing attached hereto as Exhibit A and incorporated herein by reference. The above-named parties submit and agree as follows: 1. The facts and allegations as set forth on Exhibit A of the Order to Show Cause and Notice of Hearing are true and accurate. 2. The Licensee represents and states as follows: A. Licensee waives the right to a hearing before the Board of Trustees for the purpose of determining whether or not the Licensee committed the violations. B. Licensee waives the right to confront witnesses presented by the Town to establish the said violations and the right to have subpoenas issued requiring the presence of persons or the production of papers, books and records necessary for the determination of all issues to be presented to the Board of Trustees. C. Licensee's admissions to the alleged violations are made voluntarily and the admissions are not the result of any undue influence or coercion on the part of anyone. D. Licensee has had the opportunity to fully consider the consequences of the Stipulation and has had the opportunity to seek advice from its own legal counsel. E. Licensee understands that, by admitting to the alleged violations, the Board of Trustees will consider the said violations to have been proven and Licensee hereby waives the necessity of establishing a factual basis to support a finding of said violations. 3. The Licensee agrees to (A) a 21-Day Suspension, with an actual time served of 7 days of its Beer & Wine Liquor License as a penalty for its violation of the Colorado Liquor and Beer Code as set forth in Paragraph 1 of this Stipulation and Agreement. Said suspension of Licensee's Beer & Wine License to take place as follows: From 12:01 a.m. Wednesday, August 25, 1999 through 11:59 p.m. Tuesday, August 315 1999. (B) The 14 days held in abeyance are suspended on the condition that no further violations occur within the one-year stipulation period, AND (C) All permanent employees required to attend certified TIPS (Training Intervention Program for Servers of Alcohol) Training within 90 days from the date of the Finding and Order of Suspension. Permanent employees receiving certified T. I.P.S. Training to train their remaining employees, including new-hires, within 12 months from the date of the Finding and Order of Suspension. A list of all trained personnel is to be provided to the Town Clerk's Office. 4. The parties agree that nothing set forth in this Stipulation and Agreement shall prevent or hinder the Town in considering suspension or revoking Licensee's Beer & Wine License for any violation of the Colorado Liquor and Beer Code, subsequent to the date of this Stipulation. However, the Town shall comply with all of the requirements of the Colorado Liquor and Beer Code in any subsequent proceeding. 5. In the event that the Board of Trustees chooses not to accept the provisions of this Stipulation, the Licensee shall be permitted to withdraw its admissions to the charges and proceed to hearing on all issues set forth in the Notice. If Licensee withdraws its admissions, nothing in this Stipulation shall be used as evidence or taken into account by the Board of Trustees in the hearing on the Notice or in any subsequent proceeding concerning this matter. 6. The persons executing this Stipulation and Agreement for the Licensee have full corporate authority to execute this Stipulation and Agreement and bind the corporation which is the Licensee. DATED this /3/ A day of h- , 19 99 . Notchtop Bakery & CaM, Inc. TOWN OF ESTES PARK '01.A, ~ A- 9'- A. By: ~,to<,r<*-*,47Â¥v/ By7 ///10 4 Title 1, 1 liste Mice Departme~ Phes,ockr ByÂ·. 9-2-.AL, O - @Au.;a.J Town Clerk / EXHIBIT "A" APPLICABLE INFORMATION ON ALLEGED VIOLATIONS l STATUTES VIOLATED: 12-47-901. Unlawful acts - exceptions. (1) Except as provided in section 18-13-122, C.R.S., it is unlawful for any person: (a) to sell, serve, give away, dispose of, exchange, or deliver or permit the sale, serving, giving, or procuring of any alcohol beverage to or for any person under the of twenty-one years, to a visibly intoxicated person, or to a known habitual drunkard; It is alleged that on or about June 5, 1999, Sue S. Coen, employee of NOTCHTOP BAKERY & CAFE did serve a 12 oz. Bottle of Coors Light Brand 6% Beer to a person under the age of 21. As Owner, Roger Shippy was also cited. . RESOLUTION NO. 19-99 WHEREAS, the Town of Estes Park, Colorado (the "Town"), acting by and through its Light and Power Enterprise, expects to incur and pay from the Light and Power Enterprise Fund certain expenditures ("Expenditures"), including preliminary expenditures, for acquisition, design, and construction of certain improvements to the Town's electric utility facilities, including but not limited to: (i) the design, acquisition and construction of a new substation; (ii) other improvements included in the long- range plan of the Light and Power Enterprise; and (iii) all necessary, incidental, and appurtenant facilities, land, and easements in connection therewith (the "Project"); and WHEREAS, the Board reasonably expects to reimburse itself for any Expenditures with the proceeds of a tax-exempt utility revenue bond issue; and WHEREAS, the Internal Revenue Service ("IRS") has issued regulations (the "Regulations") under Section 103 of the Internal Revenue Code (the"Code") clarifying when the allocation of bond proceeds to reimburse expenditures made by an entity will be treated as an expenditure of bond proceeds within the meaning of Section 103 of the Code; and WHEREAS, to satisfy IRS requirements with respect to the foregoing, the Board of Trustees of the Town (the "Board") declared its "official intent," in Resolution No. 11- 98, to reimburse itself for the Expenditures from proceeds of tax-exempt utility revenue bonds expected to be issued in a maximum principal amount of $3,000,000; and WHEREAS, staff has recently determined that the maximum principal amount of such tax-exempt utility revenue bonds is now expected to be $4,000,000 to allow funding of issuance costs as well as the improvements to the Town's electric utility facilities; and WHEREAS, to satisfy IRS requirements with respect to the foregoing, the Board now desires to amend its declaration of its "official intent" and, in compliance with the Regulations, to declare its intent to reimburse itself for the Expenditures from proceeds of tax-exempt utility revenue bonds expected to be issued in a maximum principal amount of $4,000,000. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO that the Board hereby amends its original declaration in Resolution No. 11-98 and now declares its "official intent" to reimburse itself for the Expenditures in a maximum amount of $3,000,000 by causing the Town to incur obligations, the interest on which is excludable from gross income under Section 103 of the Code ("Reimbursement Obligations") in the maximum principal amount of $4,000,000. BE IT FURTHER RESOLVED, that the Town expects to pay the debt service on the Reimbursement Obligations solely from revenue generated by the Town's electric utility facilities. BE IT FURTHER RESOLVED, that all resolutions of the Board inconsistent with these Resolutions are hereby repealed to the extent of such inconsistency and all actions of the officers, agents and employees of the Town which are in furtherance of or in conformance with the purposes and intent of these Resolutions are hereby in all respects ratified, approved and confirmed. INTRODUCED, READ, AND PASSED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK this day of 1999. TOWN OF ESTES PARK, COLORADO Mayor ATTEST: Town Clerk ,~ENTOP,A -5-De,Irn,ro,â€ž E NTER#04 h United States Department of the Interior c A.-AIA 4 7-- BUREAU OF RECLAMATION Eastern Colorado Area Office 11056 West County RD 18E IN REPLY Loveland, Colorado 80537-9711 REFER TO: EC-1350 (WTully) i 5 15=9 Mr. Richard Matzke Town of Estes Park Director of Light and Power P.O. Box 1200 Estes Park, CO 80517 Subject: Special Use Permit 9-LM-60-L-4650, New Switchyard Adjacent to the Existing Lake Estes Powerplant Switchyard at Lake Estes, Larimer County, Colorado Dear Mr. Matzke: This is a follow up to your July 7, 1999, conversation with Will Tully ofthis office and Mark Curtis ofPlatte River Power Authority (PRPA) concerning the subject permit. During the July 7th telephone call, it was agreed that several additional changes would be made to the permit including new Exhibits that would be provided by PRPA. The changes discussed on July 7th have been made and the revised permit is enclosed for your signature. Ifyou have any questions, please contact Will Tully at 962-4368. Sincerely, GU tt~--- kfk. Jack Game/1 v Area Manage~ Enclosure CC: w/encl Stan Gengler, Estes Valley Recreation and Parks District, P. O. Box 1379, Estes Park, CO 80517 Mark Curtis, Platte River Power Authority, 2000 East Horsetooth Rd., Ft. Collins, CO 80525-5250 L#Abv-va~~X f~DEPARTMENT op TH, -.- latâ‚¬trF>,-Ii 719 United States Department of the Interior 0 J#A/A/"' \11-447/ lillie OF lec.....9. BUREAU OF RECLAMATION Eastern Colorado Area Office 11056 West County RD 18E IN REPLY Loveland, Colorado 80537-9711 REFER TO: EC-1350 (WTully) JUL 46 1999 Mr. Richard Matzke Town ofEstes Park P.O. Box 1200 Estes Park, CO 80517 Subject: Special Use Permit for Power and Fiber Optic Lines at Lake Estes, Larimer County, Colorado Dear Mr. Matzke: Enclosed is a Special Use Permit (No. 9-LM-60-L4660) between the United States and the Town of Estes Park (Town). The permit includes a 1-year and 50-year agreement for construction, operation, and maintenance of above- and below-ground power and fiber optic lines near Lake Estes on Reclamation land. The lines are to be installed in accordance with the enclosed drawing that was provided to us by Rocky Mountain Consultants Inc. on behalf ofthe Town. Please sign all copies of the permit, retain the green copy for your files, and return all other copies to us at the letterhead address. Ifyour construction activities happen to extend beyond the term of permit 9-LM-60-L4660, please contact us for an extension. Thank you for your cooperation on this matter. If you have any questions on the permit, please contact Will Tully at 962-4368. Sincerely, 4%9~ Area Manager Enclosure CC: w/encl Mr. Stan Gengler Estes Valley Recreation and Parks District PO Box 1379 Estes Park, CO 80517