Document Lafayette_doc_f821e1b367

Liquor License Application Packet City Clerk’s Office 1290 S. Public Road Lafayette, CO 80026 [PHONE REDACTED] x 3313 ---PAGE BREAK--- TABLE OF CONTENTS LIQUOR LICENSING QUESTIONS & ANSWERS Page 4 APPLICATION PROCESS AT A GLANCE Page 5 DOCUMENT CHECKLIST Page 6 GENERAL INFORMATION Page 8 LIQUOR LICENSING AUTHORITY MEETING SCHEDULE Page 8 PROCEDURAL ORDER AT HEARING Page 9 NEIGHBORHOOD NEEDS AND DESIRES GUIDELINES Page 10 FINGERPRINTING PROCEDURES Page 11 OUTDOOR LIQUOR SERVICE Page 11 WRITTEN ADVISEMENT ON PUBLIC HEARING PROCEDURES Page 12 LAFAYETTE CODE –CHAPTER 10 ALCOHOL BEVERAGES Page 13 LAFAYETTE SANCTION GUIDELINES Page 24 RENEWAL PROCESS Page 32 PUBLIC OPINION SURVEY COMPANIES Page 33 LIQUOR SERVICE AND AGE RESTRICTIONS Page 34 LOCAL TRAINING PROGRAMS Page 35 FEE SCHEDULE Page 36 NONFOOD ITEMS PERMITTED FOR SALE BY RETAIL LIQUOR STORES Page 37 FORMS ---PAGE BREAK--- OFFICE OF THE CITY CLERK Dear Applicant: Applications for a Lafayette Liquor or 3.2% Beer License must be approved by the Lafayette Liquor Authority and the Liquor Enforcement Division at the State of Colorado. This packet contains forms required by the local and State authorities. Please submit your completed application in duplicate, along with the required licensing fees for the City and State. You must make an appointment with the City Clerk to schedule a review of your completed application. It will be scheduled for approval by the Lafayette Liquor Authority before it is sent to the State for their approval. The entire process can take up to 90 days. You may submit your New License application with an additional fee for concurrent review. This will shorten the process by 2-3 weeks. Transfer license applicants may obtain a Temporary License which allows you to operate your business while the transfer is being processed. Transfer License applicants are not eligible for a concurrent review Liquor licenses must be renewed annually. The renewal forms are mailed from the State approximately 90 days before your expiration date. The completed renewal form, along with local and State fees must be returned to the City Clerk. Local sales tax payments must be made on time and in full to avoid possible delay of your renewal. The Lafayette Liquor Authority requires strict adherence to State and local regulations regarding the sale of alcoholic beverages. A copy of the City’s penalties for violation of the liquor code is included with this packet. The State Liquor and Beer Code Regulations are available at wv w.revenue.state.co.us/liguor dir/horne.asp under Online Services. The Colorado Clean Indoor Air Act of 2006 applies to Lafayette restaurants and bars. Information is available at A brochure about the law is included for your information. The Lafayette City Clerks are ready to help you with questions about the licensing process, but highly recommend that you seek an attorney’s assistance and advice when completing your application. We look forward to working with you! Susan Koster, CMC Susan Barker, CMC City Clerk Deputy City Clerk 1290 S. Public Road Lafayette, CO 80026 [PHONE REDACTED] [PHONE REDACTED] fax www.cityoflafayette.com ---PAGE BREAK--- LIQUOR LICENSING QUESTIONS & ANSWERS What types of licenses are available? There are ten (12) types of licenses available within the City of Lafayette. Generally the type of license to pursue vill depend on what type of beverages are to be sold, as vell as food service requirements for each license type. • Hotel & Restaurant (With optional premise) • Tavern • Art License • Drugstore • Liquor Store • Beer & Wine • 3.2% Beer • Brew Pub • Special Events Permit • Temporary Permit • Club License • Mini bar License How much does it cost to get a liquor license? Each license type carries its own City and State fees. There are application fees, as well as renewal fees on an annual basis following approval by the local and State Authorities. Refer to enclosed fee schedule. What are the requirements to obtain a liquor license? The requirements for obtaining a liquor license depend on what type of applicant is named on the license. Requirements for an individual applicant will differ from those of a corporation, a partnership, or a limited liability company. In all cases, however, the needs and desires of the affected neighborhood and the moral character of the applicant will be considered. How long (foes it take to get a liquor license? Because liquor licensing is a two-tier process, consideration at both the local and State licensing authority levels, it takes approximately 60-90 days to process a completed application. What is the process oizce a new application has been submitted? After submitting an application for a liquor license, the Lafayette Liquor Authority will set a public hearing date to be held at least 30 days after receiving the application. At the public hearing, the applicant will be asked to provide testimony as to the needs and desires of the neighborhood, moral character, and ability to hold the license. Parties in interest may offer testimony, and the Liquor Authority will discuss and provide a decision on the application. If approved, the application will be forwarded to the State for consideration. If approved at that level, the City Clerk’s Office will issue the license. What questions might the Authority be asking at the Public Hearing? Aside from the needs and desires of the neighborhood, the Authority may inquire as to the applicant’s experience in the liquor industry, funding sources for the proposed establishment, formal training plans for employees and managers, and any other questions relative to the applicant’s ability to hold a liquor license. If the applicant has a police record which may arise during a background check which could indicate poor moral character, the applicant may be asked to explain this history and demonstrate rehabilitation. My license application is denied, are my fees refundable? All State fees and City licensefees will be returned to the applicant upon denial of an application at the local level. City application fees will be retained for the processing of the application up to that point. The State may not refund any fees associated with conducting a Concurrent Review. This infr,nation has been provided as a courtesy by the City ofLafayette and is only a guide. This may not be all that is involved in obtaining a liquor license, other agencies are involved, and information contained herein may change from time to 1mw. This infor,nalion is not intended to he legal advice, and applications are encouraged to contact a private attornei’ thr answers to legal questions or concerns, ---PAGE BREAK--- LIQUOR LICENSE APPLICATION PROCESS AT A GLANCE Step I Acquire a Liquor Application Pcicket from City Clerk’s Office and Review Step 2 Complete Liquor Application Packet Step 3 Make an Appointment to Submit completed Liquor Application Packet in duplicate to the City Clerk’s Office for processing (keeping an additional copy for your records) Step 4 City Clerk’s Office schedules the Public Hearing Date (not less than 30 days from date of application submittal), and notifies applicant of both in writing when the application is certified complete Step 5 Applicant proceeds with proving the neighborhood needs and desires, utilizing Neighborhood Needs and Desires Guidelines, and provides such evidence at Public Hearing. The boundary of the “neighborhood” is established by the City Clerk. Step 6 Applicant will post a Notice of Public Hearing on property proposed for liquor licensure (not less than 10 days prior to Public T-Tearing Date/Notice provided by City Clerk’s Office) Step 7 City Clerk’s Office processes Liquor Application, publishes Notice of Public Hearing, and provides applicant with Clerk’s Administrative Report and Findings (not less than five days prior to Public Hearing Date) Step 8 Local Licensing Authority considers liquor license application at Public Hearing and approves, denies, or continues consideration of the application. Step 9 Upon approval of application by the local Licensing Authority, application is forwarded to State Liquor Enforcement Division for consideration. Step 1 0 Upon approval of application by the State Licensing Authority, a State Liquor License and a City Liquor License will be issued by the City Clerk’s Office upon determination that all applicable codes for proposed establishment have been met. ---PAGE BREAK--- BEERJLIQUOR LICENSE APPLICATION DOCUMENTS CHECKLIST I. APPLICATION AND OTHER SUPPORTNG INFORMATION: El Original and one copy El Complete all appropriate sections El Attach appropriate fees II. PROPERTY POSSESSION: El Name on Deed must correspond with the name of the applicant exactly. (Line 2 on Form DR 8404) El Name on Lease must correspond with the name of the applicant exactly. (Line 2 on Form DR 8404) El Lease assignment in the name of the Applicant, signed by the Landlord and the Applicant. III. DIAGRAM OF THE PREMISES El No larger than 8 V2” x 11” El Dimensions included (doesn’t have to be to scale) Exterior areas should show control (fence, walls, etc.) Separate diagram for each floor. Outline area to be licensed in red. El Identify Kitchen, coolers, restrooms, office, doors and any place that liquor would be stored. El Identify outside service area (patio, balcony, porch, etc.) IV. BACKGROUND INFORMATION AND FINANCIAL DOCUMENTS FOR ALL APPLICANTS El Individual History Record(s) (Form DR 8404-i) — must be submitted by anyone holding more than 10% interest in the business (principals) El All principals must be fingerprinted by Lafayette Police Department El Purchase Agreement, stock transfer agreement, and br authorization to transfer license El List investments in the business as follows in Form DR 8404-1: TOTAL PURCHASE PRICE of Business in Field 14(a)-i; Flow much the ENTITY is investing in the business, in Field 14-(a)-2; and How much the INDIVIDUAL is investing in the Business in 14(b). El List of all notes and loans. V. CORPORATE APPLICANT INFORMATION El Certificate of Incorporation (and/or) El Certificate of Good Standing if incorporated more than 2 years ago. El Certificate of Authorization, if foreign corporation El List of officers, directors and stockholders of Parent Corporation (designate one person as “principal officer”) El Articles of Incorporation El Minutes of meeting electing current officers El Stock certificates El State Master File letter, if applicable 6 ---PAGE BREAK--- VI. PARTNERSIP INFORMATION LI Partnership agreement (general or limited, except for husband/wife) LI Certificate of Co-partnership (if applicable) LI Diagram or flow chart of ownership — General or LTD partner LI Articles of Organization — LLC or LTD partner LI Articles of Incorporation — General or LTD partner LI Minutes of meeting electing current officers — General or LTD partner VII. LIMITED LIABILITY COMPANY INFORMATON LI Copy of Articles of Organization LI Copy of Operating Agreement LI Certificate of Authority (if foreign company) VIII. MANAGER REGISTRATION LI Manager Registration Form (DR 8442) LI $75 Manager Registration Fee (State requires manager registration for Hotel & Restaurant and Tavern License only). LI Individual History Record (Form DR 8404-1) IX. SOLE PROPRIETOR LI Lawful Presence Affidavit LI Copy of Colorado Driver’s License or Waiver X. OTHER LI City Sales Tax License LI Lafayette Questionnaire / Attachment to Liquor/3.2% Beer Retail License Application LI Affidavit of Transfer and Statement of Compliance LI Amusement Devices (pool tables, video games, pinball games) 7 ---PAGE BREAK--- GENERAL INFORMATION This packet contains general liquor and beer licensing information, as well as all local and State forms necessary to apply for such licenses. An appointment with the City Clerk’s Office must be made when you are ready to submit your completed application. All forms must be typed or printed in black ink, accurate complete in all aspects, and properly executed. All applications inns! be submitted in duplicate along with City and Slate application and license fies. The City Clerk’s Office cannot process an incomplete application. You may want to contact the following Departments/Divisions for information regarding additional information and/or licenses that might be required as part of your liquor license application: > Finance Department (Sales Tax) [PHONE REDACTED] x 3315 Community Development (Signage) [PHONE REDACTED] x 3378 > Community Development (Planning/Zoning/Building Permits) [PHONE REDACTED] x 3329 > Lafayette Police Department (Fingerprinting) [PHONE REDACTED] x 4155 > Boulder County Health Department [PHONE REDACTED] Good luck with your application process! Should you need additional information or have any questions, please fee free to contact the City Clerk’s Office at [PHONE REDACTED] x3313 or x3340. LIQUOR LICENSE TRANSFER If you sell your business or buy an existing business the new owner must acquire their own liquor or beer license by filing an application with the local licensing authority. The license application can be started while you are in the process of purchasing the business. A temporary permit may be granted (discretionary) upon filing of a completed application for a permanent annual license. “It is unlawful for the current owner to allow anyone to “use” your license and it is unlawful for the prospective owner to use your license”. No alcohol may be sold until there is a Temporary Permit in place. Please contact the City Clerk’s office to obtain a liquor packet when buying a business. LIQUOR LICENSING AUTHORITY MEETING SCHEDULE The City of Lafayette City Council sits as the Authority and meets the first and third Tuesday of every month at 7:00 p.m. in the City Council Chambers at 1290 S. Public Road. PUBLIC HEARING DATE The Public 1-Tearing date for new applications will be set not less than 30 days from the date of a complete submittal of the application, as provided by Section 12-47-136, of the Colorado Revised Statutes, and the applicant must be present at the public hearing to offer testimony and ---PAGE BREAK--- answer any questions posed by the Liquor Licensing Authority. Please refer to Procedural Order below for information expected to be presented by the applicant. A transfer of an existing license does not generally require a formal Public Hearing but the Local Licensing Authority will consider the application and hear all evidence from staff and the applicant. PROCEDURAL ORDER City StaffPresentation: The City Clerk’s Office will provide the Clerk’s Administrative Report, which will include completeness of application, fees paid and due, proper notice of public hearing, conformance with applicable City codes and Health Department regulations, status of sales tax application, applicant’s receipt of Written Advisement regarding public hearing procedures, and proper communication of investigative results to applicant. The City Clerk’s Office will report on the evidence of proper legal possession of the premises to be licensed, proper circulation of the petition and will also address any legal issues as a result of the administrative review of your application. Staff will then be available for questions from the Liquor Authority relative to the reports provided prior to your presentation. Applicant s’ Presentation: You as applicant, or your manager or representative, will then be provided the opportunity to respond to any issues or concerns reported by City staff, to provide your past experience ie: the sale/service of alcohol beverages and that of your manager in charge of day-to-day operation, financial backers of proposed establishment, description of the character of the neighborhood of proposed site, proximity of the site to area schools and universities, and evidence, including any petitions, regarding the reasonable requirements and the desires of the inhabitants of the neighborhood for the outlet proposed. In addition to the above information, you should also be prepared to discuss in detail the answers you provided in the Attachment to Liquor License Application regarding the description of the nature of the proposed business operations such as days and hours of operation, entertainment number of employees, security plans, if any, training and operating procedures employees will follow in the safe and legal sale/service of alcohol beverages, and the evidence relating to the likelihood that you will conduct this proposed operation in accordance to applicable laws and codes. You should then remain available for questions from the Liquor Authority and/or City staff and rebuttal following any evidence from interested parties. Evidence from Interested Parties: Interested parties are defined by law as residents of the neighborhood under consideration, owners or managers of businesses located in the neighborhood, and you, the applicant. Liquor Authority Discussion and Decision: Motion approving, denying, or continuing consideration of your application. ---PAGE BREAK--- NEIGHBORHOOD NEEDS AND DESIRES GUIDELINES The Lafayette City Clerk will set boundaries of the neighborhood considered affected by the proposed location of a new liquor license. Criteria for establishing boundaries include population density; the nature of the area such as rural, residential, commercial or retail; and the proximity of the proposed site to physical barriers, geographic feature or the city limits. The Clerk’s Office usually sets a mile radius around the premises. Do not begin the petitioning process until you have been provided a Boundary Map by the Clerk’s office. Before approving a liquor license application, the Lafayette Liquor Licensing Authority must consider the reasonable requirements of the neighborhood and the desires of the adult inhabitants as evidenced by petitions, remonstrance’s, or other evidence submitted by you. The burden of producing such evidence is placed upon you, the applicant. Although the law does not require that an applicant petition the neighborhood, it is the most common form of evidence presented. If you choose to use the petitioning method for proving neighborhood needs and desires, the enclosed survey petition may be used in this process. There are professional survey firms that you may employ however; the decision to use any such firm is entirely yours. counter-top ptitions are not acceptable. Signatures obtained from petitioning must be from residents of the neighborhood and owners/managers of businesses within the designated neighborhood boundaries set by the Clerk and who all must be at least 21 years of age. There is no set number ofrequired signatures you must obtain on a petition, but you must provide the Authority with szfficient evidence to support i!sjIndings that 1)/he reasonable requirements ofthe neighborhood establish a needfor the issuance ofthe requested license; and 2) that the desires ofthe inhabitants dictate the issuance ofthe license. The Authority will also be looking to assure that a good sampling ofthe designated neighborhood was takeii. Each petition must contain a signed Affidavit of Circulator indicating that he/she personally witnessed each signature appearing on the petition and that, to the best of his/her knowledge, each signature is the signature of the person whose name it purports to be and that the address given opposite the person’s name is the true business or residence address of the person signing the petition. Failure to affix a completed Affidavit of Circulator, including notarization, may cause the petition(s) to be invalidated. If the petitioning method is used for proving neighborhood needs and desires, your petition packet must be submitted to the City Clerk’s Office no later than 8 days prior to the scheduled public hearing date for review. The applicant will then have an opportunity to amend the petition, obtain additional signatures, etc., if desired. An amended petition for the Authority’s review and consideration must be filed the Monday prior to the scheduled public hearing. This information is meant only as a guideline provided as a courtesy by the City ofLafayette. Applicants are encouraged to consult a private attorneyfor answers to legal questions or concerns ---PAGE BREAK--- FINGERPRINTING / BACKGROUND INVESTIGATION PROCEDURES The Laftiyette Police Department will complete a local background investigation of the applicant, oflicers, directors, shareholders and/or partners for a new or transferring liquor license. A criminal history investigation will be conducted by the Colorado Bureau of Investigation and the Federal Bureau of Investigation. Applicants must contact Lafayette Police Detective John Dombeck at (303) 665-5571 to make arrangements for fingerprinting and background investigations. Fingerprinting is done at the Lafayette Police Department located at 451 N. 111 th Street, on Tuesdays between the hours of 8:30 a.m. and noon. Please bring with you to the Lafayette Police Department: • Valid Photo ID such as a driver’s license, ID card, etc. • Copy of Individual History Record for each person being fingerprinted (form contained in the application packet — Form #8404-1) OUTDOOR LIQUOR SERVICE If you are planning on serving alcohol on a patio, deck or other outside area, please include it in the diagram of the proposed licensed premises. (See question #11 on application form DR 8404.) If the exterior area is new construction, you must contact the Planning Department to ensure that your plans meet the current building code. The State Liquor Enforcement Division requires that outdoor licensed premises be “defined” by a fence, railing, hedge, or some other type of barrier. The barrier must completely enclose the outdoor service area, separating it from sidewalks, adjacent businesses, parking lots, and the like. A gate or opening is permissible where the enclosure would block entry to the licensed establishment. The Licensee must provide direct access from the indoor licensed premise to the outdoor service area. The Licensee must “secure” the defined area through monitoring by wait staff or by other means. It is unlawful to allow a customer to leave the licensed premise with an alcoholic beverage (see exception below for 1-lotel & Restaurant Licensees). Customers seated outdoors must present proper identification before being served alcohol. C.R.S. 12-47-411(3.5) Notwithstanding any provision of this article to the contrary, a hotel and restaurant licensed pursuant to this section may permit a customer of the hotel or restaurant to reseal and remove from the licensed premises one opened container or partially consumed vinous liquor purchased on the premises so long as the original container did not contain more that 750 milliliters of vinous liquor. ---PAGE BREAK--- Chapter 10 ALCOHOLIC BEVERAGES* *CI.oss reference(s)--Licenses and business regulations, Ch. 55• State law reference(s)--Fennented malt bevemges, § 12-46-101 et seq. C.R.S. 1973; alcoholic beverages. § 12-47-101 et seq.; liquors--special event permits, § 12-48-101 et seq.; taxation of businesses, §31-15-501,C.R.S. 1973. ARTICLE I. IN GENERAL Sec. 10-i. Application fees for sale of alcoholic beverages. Each application submitted to the city for a license or a temporary permit for the sale of alcoholic beverages or alcoholic liquors, as defined by the Colorado Liquor Code, shall be accompanied by an application fee in an amount to cover actual and necessary expenses in accordance with the following schedule: New license--Five hundred dollars ($500.00). Transfer of location or ownership of a license--Five hundred dollars ($500.00). Renewal of an existing license--Fifty dollars ($50.00). Lake renewal of an existing license--Five hundred dollars ($500.00). Temporary permit authorizing the sale of alcoholic beverages or alcoholic liquors pending the review of a transfer application--One hundred dollars ($100.00). (Ord. No. 686, § 1,9-7-76; Ord. No. 1984-33, § 1,9-18-84; Ord. No. 1989-51, § 1, 11-9-89; Ord. No. 1991-21, § 1,9-3-91; Ord. No. 1998-8, § 1, 1-20-98) State law reference(s)--Colorado Liquor Code, § 12-47-10 1 et seq., C.R.S. 1973; definitions, § 12-47-103; application for local license, § 12-47-135. Sec. 10-2. Application fees for sale of fermented malt beverages. Each application submitted to the city for a license or a temporary permit for the sale of fermented malt beverages, as defined by the Colorado Beer Code, shall be accompanied by an application fee in an amount to cover actual and necessary expenses in accordance with the following schedule: New license--Five hundred dollars ($500.00). Transfer of location or ownership of a license--Five hundred dollars ($500.00). Renewal of an existing license--Fifty dollars ($500.00). Late renewal of an existing license--Five hundred dollars ($500.00). Temporary permit authorizing the sale of fermented malt beverages pending the review of a transfer application--One hundred dollars ($100.00). (Ord. No. 686, § 1,9-7-76; Ord. No. 1984-33, § 2,9-18-84; Ord. No. 1991-21, § 2,9-3-91; Ord. No. 1998-8. § 1, 1-20-98) ---PAGE BREAK--- Sec. 10-2.5. Application fee for special event permit. In addition to the Fees provided by C.R.S. 12-48-104, applications For a special event permit shall be accompanied by a fee of twenty-five dollars ($25.00) for the investigation and issuance of the permit. (Ord. No. 1984-33, § 3, 9-1 8-84) Sec. 10-3. Application fee of hotel or restaurant manager. Every holder of a hotel and restaurant license, as defined by the Colorado Liquor Code, shall, upon the presentment of an application to register the manager, pay to the city the sum of seventy-five dollars ($75.00) to cover the actual and necessary expenses. This fee shall be in addition to any fees paid to the state For the registration of the manager. (Ord. No. 685, § I, 9-7-76) State law reference(s)--Colorado Liquor Code, § 12-47-101 et seq., C.R.S. 1973; hotel and restaurant license, § 12-47-1 19. Sec. 10-3.1. Distance restrictions for hotel and restaurant licenses. All distance restrictions for hotel and restaurant liquor license applications are abolished and, therefore, an application for same shall be received and acted upon if the building within which the malt, vinous, or spirituous is located within five hundred (500) feet of a public or parochial school or the principal campus of any college, university or seminary. Where the city council grants an application for a liquor license to a restaurant or hotel located less than five hundred (500) feet from any public or parochial school, principal campus of any college, university or serninaiy, the city council may impose conditions including, but not limited to, approval by the city council of an acceptable traffic plan; and such other reasonable restrictions or conditions as the city council, in its discretion, may impose to protect any school children, college, university or serninaly students from the close presence of a liquor establishment. (Ord.No. 1994-31, § I, 10-18-94; Ord. No. 1998-8, §2,1-20-98) Sec. 10-4. Definition. For the purposes of sections 10-6--I0-9, the word “licensee” shall mean any person duly licensed to sell spirituous, vinous or malt liquors or beverages in the city or any agent, servant or employee of such licensee. (Ord. No. 728, § 2, 6-7-77; Ord. No. 1998-8, § 3, 1-20-98) Sec. 10-5. Condition of license approval. Compliance with all applicable provisions of this chapter shall be a condition of each license approved by the city council, as local licensing authority, for the sale of alcoholic beverages or alcoholic liquors as defined by the Colorado Liquor Code, or for the sale of fermented malt beverages, as defined by the Colorado Beer Code. (Ord. No. 1994-3 5, § 1, 10-20-94; Ord. No. 1998-8, § 4, 1-20-98) Sec. 10-6. Training of licensee employees. Each licensee, whether an initial licensee or a renewed licensee, shall require each of its ---PAGE BREAK--- employees to successfully complete a liquor training program approved by the chief of police for the city within sixty (60) days of the approval of an initial or renewed license application. Each licensee that is an individual person, whether an initial licensee or renewed licensee, shall successfully complete a liquor training program approved by the chief of police of the city within sixty (60) days of the approval of an initial or renewed license application. Each licensee shall require each of its employees hired after the date of license approval or renewal to successfully complete a liquor training program approved by the chief of police of (lie city within sixty (60) days of the employee’s first day of employment at the licensed estab Ii slim en t. (Ord. No. 1994-35, § I, 10-20-94) Sec. 10-7. Prohibited acts. It shall be unlawful for any licensee to permit any disturbance or unlawful or disorderly act or conduct to be committed by any person or group of persons upon any premises licensed for the sale of spirituous, vinous or malt liquors or beverages. It shall be unlawful for a licensee, in any manner to encourage or participate in any disturbance or unlawful or disorderly act or conduct upon premises selling spirituous, vinous or malt liquors or beverages; provided, however, that such licensee may use such lawful means as may be proper to protect his person or property from damage or injury. (Ord. No. 728, § 1,6-7-77; Ord. No. 1994-35, 10-20-94) State law reference(s)--Disorderly conduct, § 18-9-106, C.R.S. 1973. Sec. 10-8. Warning sign. Each licensee shall post and keep at all times visible to the public, in a conspicuous place on the premises, a sign to be furnished by the city clerk’s office, which sign shall be in the following form: “WARNING” LAFAYETTE CITY POLICE MUST BE NOTIFIED OF ALL DISTURBANCES IN THIS ESTABLISHMENT.” (Ord. No. 728, § 4, 6-7-77; Ord. No. 1994-35, 10-20-94) Cross reference(s)--Offenses, Cli. 75. Sec. 10-9. Reports. Any licensee shall immediately report to the police department any unlawful or disorderly act, conduct or disturbance committed on the premises. (Ord. No. 728, § 3, 6-7-77; Ord. No. 1994-35, 10-20-94) Sec. 10-10. Tax--Levied. There is hereby levied and assessed lbr each year an annual occupation tax upon those businesses located within the city which sell malt, vinous or spirituous liquors and furiher provide nude entertainment or allow nude entertainment for the customers of said businesses, in the sum of five thousand dollars ($5,000.00) per year. (Ord. No. 883, § 1, 8-5-80; Ord. No. 1994-35, 10-20-94) Sec. 10-11. Same--Definition. ---PAGE BREAK--- For the urpose of sections 10—10——I 0—14, nude entertainment shall mean the displaying of pubic hair, anus, vulva or genitals; nude entertainment shall also be defined as the displaying of the post-pubertal human female breast below a point immediately above the top of the areola, or the displaying of the post—pubertal human female breast where the nipple only or the nipple and areola only are covered. (Ord. No. 883, § 2, 8-5-80; Ord. No. 1994-35, 10-20-94; Ord. No. 1998-8, § 5, 1-20-98) Sec. 10-12. Same--Payment. The occupational tax levied in section 10-10 shall be due and payable to the director of finance on January first of each year and shall be delinquent on February fifteenth of the same year. Upon receipt of the tax, the director of finance shall execute and deliver to the licensee paying the tax a receipt showing the name of the licensee, the date of payment, the annual period for which such taxes paid and the place at which said licensee conducts business. All persons who pay the above-mentioned occupational tax shall, at all times, post a receipt of payment in a conspicuous place in the place of business stated in the receipt. Whenever any new licensee begins business with a new license subsequent to January first of any year, the occupational tax required herein shall be pro-rated on a basis for the remaining portion of the year; no refund shall be made to any person who has discontinued business under a license prior to the expiration of the period covered by the occupational tax. All licenses issued hereunder shall be nontransferable. (Ord. No. 883, § 3, 8-5-80; Ord. No. 1994-35, 10-20-94; Ord. No. 1998-8, § 6, 1-20-98) Sec. 10-13. Same--Purpose. The purpose of the occupational tax levied in section 10-8 is for revenue purposes. (Ord. No. 883, § 4, 8-5-80; Ord. No. 1994-35, 10-20-94; Ord. No. 1998-8, § 7, 1-20-98) Sec. 10-14. Same--Violations. It shall be unlawful for any person to operate any business selling malt, vinous or spirituous liquors which business also provides or allows nude entertainment as defined in section 10-11 for customers within the city limits of the city without paying the tax imposed by section 10-10; and any person doing so shall be guilty of a violation of such section and upon conviction of such offense in the municipal court shall be fined in a sum not less than three hundred dollars ($300.00). This offense is not punishable by imprisonment. (Ord. No. 883, § 5, 8-5-80; Ord. No. 1994-6, § 3, 4-19-94; Ord. No. 1994-35, 10-20-94; Ord. No. 1998-8, § 8, 1-20-98) Sec. 10-15. Temporary permits pending the review of an application to transfer a license. The city clerk shall be the local licensing authority for the purpose of issuing a temporary permit authorizing the sale of alcoholic beverages, alcoholic liquors or fermented malt beverages, as authorized by the Colorado Liquor Code and the Colorado Beer Code, pending review of an application to transfer a license to sell the same. Issuance by the city clerk of a temporary permit shall be subject to approval by the city council at its next regular meeting. Should the city council fail to approve the city clerk’s issuance of a temporary permit, the temporary permit shall have no ---PAGE BREAK--- further force or effect. This delegation of’ local licensing authority pertains strictly to the issuance of’ said temporary permits, subject to approval of the city council, and shall not be construed to vest the city clerk with any other form of’ local licensing authority. Ally temporary permit issued by the city clerk under subsection shall only be valid until such time as the underlying application to transfer the license is granted or for sixty (60) days, whichever shall first occur. Extensions beyond sixty (60) days shall not be considered. (Ord. No. 1991-21, § 3,9-3-91; Ord. No. 1994-35, 10-20-94) Sec. 10-16. Optional premises license. An annually renewable optional premises license for tile sale or service of alcoholic beverages may be issued by the city council for any outdoor sports and recreational facility which charges a fee for the use of such facility so long as such facility is located on or adjacent to an existing or new hotel and restaurant licensed premises. Ally optional premise licensed issued shall permit the licensee to sell or serve alcoholic beverages only on the optional premises specified in the license. Except for the issuance of a special events permit pursuant to section 12-48-10 et seq., C.R.S., as amended, it shall be unlawful for any person to sell or dispense alcoholic beverages at an outdoor sports and recreational facility without having first obtained a valid optional premises license to do so as provided by this section, or in violation of any provision, restriction or limitation of the license if one has been issued. The types of outdoor sports and recreational facilities which may be considered for an optional premises license include but are not limited to the following: Country club. Golf courses and driving ranges. Number of optional premises. There are no restrictions on the number of optional premises which any one licensee may have ün his outdoor sports or recreational facility. However, any applicant requesting approval of more than one optional premises shall demonstrate the need for each optional premise in relationship to the outdoor sports or recreational facility and its guests. Submittal requirements. When submitting a request for the approval of an optional premises, an applicant shall also submit the following information: A map or other drawing illustrating the outdoor sports recreational facility boundaries and the approximate location of each optional premises requested. A legal description of the approximate area within which tile optional premises shall be located. A description of tile method wilich shall be used to identify tile boundaries of tile optional premises when it IS ill USC. A description of tile provisions which have been made for storing malt, vinous and spirituous liquors in a secured area on or off the optional premises for the future use on the optional premises. All application for a new hotel and restaurant license with optional premises shall be processed in tile same manner as any other hotel and restaurant license application. If an application to use optional premises is filed in connection with an existing hotel and restaurant license, then the application shall be processed in tile same manner as an application to modify or expand licensed ---PAGE BREAK--- premises. No Fee shall be required in connection with an application for an optional premises license relating to an existing hotel and restaurant license. No alcoholic beverages may be served on the optional premises until the licensee has provided written notice to the state and city council forty—eight (48) hours prior to servicing alcoholic beverages on the optional premises. Such notice must contain the specific days and hours on which the optional premises are to be used. In this regard, there is no limitation on the number of days which a license may specify in each notice. In addition to or in lieu of any enforcement actions which the city council takes against the adjacent hotel and restaurant license for violations of this Code or the Colorado Liquor Code and regulations adopted pursuant thereto, the city council may decline to renew the optional premises license for good cause shown, subject to judicial review. In addition, the city council may suspend or i-evoke the optional premises license in accordance with the procedures specified in the Colorado Liquor Code Regulations. This ordinance [section] adopted herein shall be considered in addition to the Colorado Liquor Code regarding the issuance of licenses under the same for optional premises licenses. (Ord. No. 1993-23, § 1, 7-20-93; Ord. No. 1994-35, 10-20-94) Sec. 10-17. Fines in lieu of license suspension. Prior to the operative date of any suspension, a license may petition the city council, as local licensing authority, for permission to pay a fine in lieu of having his or her license suspended whenever the local licensing authority issues a final decision suspending a licensees license for fourteen (14) days or less. The local licensing authority may stay the proposed suspension, cause any investigation to be made which it deems desirable and may, in its sole discretion, grant the petition if it is satisfied: That the public welfare and morals would not be impaired by permitting the licensee to operate during the period set for suspension and that the payment of the fine will achieve the desired disciplinary purposes; That the books and records of the licensee are kept in such a manner that the loss of sales of alcohol beverages that the licensee would have suffered had the suspension gone into effect can be determined with reasonable accuracy therefrom; and That the license has not had his or her license suspended or revoked, nor had any suspension stayed by payment of a fine, during the two years immediately preceding the date of the motion or complaint which has resulted in a final decision to suspend the license. The fine accepted shall equal twenty (20) percent of the licensee’s estimated gross revenues from the sales of alcoholic beverages during the period of the proposed suspension, provided, however that such fine shall not be less than two hundred dollars ($200.00) nor more than five thousand dollars ($5,000.00). Payment shall be in the form of cash, certified check or cashiers check. Upon payment of any fine, the local licensing authority shall enter its further order permanently staying the imposition of the suspension. Any money collected under this section 10-17 shall be paid into the general fund. Any stay granted under this section 10-17 is limited to such stay as is necessary for the local licensing authority to complete its investigation and make its findings and, if it makes such ---PAGE BREAK--- findings, to the granting of an order permanently staying the imposition of the entire suspension or that portion of the suspension not otherwise conditionally stayed. If the local licensing authority does not make the finding required in subsection of this section and does order the suspension permanently stayed, the suspension shall go into effect on the operative date finally set by the local licensing authority. (Ord. No. 1998-8, § 9. 1-20-98) Sees. l0-18--lO-20. Reserved. ARTICLE II. MINORS Sec. 10-21. Definitions. For the purpose of this article the following words and phrases shall have the meaning indicated: Alcoholic beverages or alcoholic liquors shall be construed to mean malt, vinous or spirituous liquors. Bowling alley or establishment means an establishment having bowling facilities and in which fermented malt beverages may be sold. Fermented malt beverages shall be construed to mean any beverages obtained by the fermentation of any infusion or decoction of barley, malt, hops or any similar product or any combination thereof in water containing not more than three and two-tenths (3 2 /i o) percent alcohol by weight. Food means any solid substance and nonalcoholic beverage, consumed or eaten for the purpose of nourishment and to sustain life, an assortment or variety of which when taken together may constitute a meal. Liquor licensed drug store means any drug store licensed by the Board of Pharmacy of the State of Colorado, which has also applied for and has been granted a license by the state and local licensing authority to sell malt, vinous and spirituous liquors in original sealed containers for consumption off the premises. Pool hall or Billiard hail means an establishment having billiards and pool facilities and in which fermented malt beverages may be sold. Restaurant portion means an establishment provided with a special place and accommodations where in consideration of payment, food, drinks, tobacco and candies are furnished guests, and in which room or special place nothing is sold except food, drinks, tobacco and candies and where malt, vinous and spirituous liquors shall not be served, except at tables. Retail liquor store means an establishment engaged only in the sale of malt, vinous and spirituous liquors and soft drinks and mixers, all in sealed containers for consumption off the premises and in the sale of tobaccos, tobacco products and smokers’ supplies. (Ord. No. 446, § 1, 4-16-68) State law reference(s)--State board of pharmacy, § 12-22-103, C.R.S. 1973; pharmacy license, § 12-22-113 et seq. Sec. 10-22. Violations. ---PAGE BREAK--- Whoever shall violate any oF the provisions oF this article, upon conviction, shall be fined in a sum not less than twenty-live dollars ($25.00) for each ofFense. This offense is not punishable by imprisonmeat. (Ord. No. 446, § 3,4-16-68; Ord. No. 1994-6, § 3,4-19-94) Sec. 10-23. Unlawful to permit entry. It shall be unlawful for any person who owns, operates or manages an establishment dispensing alcoholic beverages as defined in this article to permit any person under twenty-one (21) years of age to be present in any establishment dispensing alcoholic beverages. (Ord. No. 446, § 2, 4-16-68) State law reference(s)--Selling fermented malt beverages to minor, § 12-46-1 12. Sec. 10-24. Unlawful to enter. It shall be unlawful for any person under the age of twenty-one (21) years to be in establishments dispensing alcoholic beverages, as defined in this article, which alcoholic beverages are being dispensed, except as stated in section 10-26 hereof. (Ord. No. 446, § 2, 4-16-68) Sec. 10-25. Duty of parent or guardian. It shall be unlawful for any parent or parents or lawful guardian to allow any minor under the age of twenty-one (21) years to loiter in, frequent or remain in any establishment dispensing alcoholic beverages. (Ord. No. 446, § 2, 4-16-68) Sec. 10-26. When admitted. Sections 10-23, 10-24 and 10-25 shall not apply to: Any person over the age of sixteen (16) years who is an employee of an establishment dispensing alcoholic beverages. Any person over the age of sixteen (16) years who is performing as an entertainer either by himself or with a group or as a member of a group of entertainers. Any person under twenty-one (21) years accompanied by one of is parents or by his lawful guardian. Any person under twenty-one (21) years while in a liquor-licensed drug store, bowling alley, poolroom, billiard hall or retail liquor store, as defined in this article. Any person under twenty-one (21) years while in the restaurant portion of any establishment dispensing alcoholic beverages, as defined in this article, for the purpose of purchasing and being served food, for consumption on the premises, but not otherwise. Any person under twenty-one (21) years of age while in a “club” having a “club” license as defined in section 12-47-103 of the Colorado Revised Statutes 1973, pursuant to any civic or youth program or benefit sponsored by said club, during such time as said ---PAGE BREAK--- activities are being conducted. (Ord. No. 446, § 2,4-16-68) State law reference(s)--Complaints against liquor-licensed drug stores, § 12-47-125, C.R.S. 1973; power o 1 city to regulate billiard tables, pin alleys and ball alleys, § 31-15-501, C.R.S. 1973. ---PAGE BREAK--- CITY OF LAFAYETTE Penalty Guidelines For Liquor and Beer Code Violations The following are policy guidelines adopted by the Lafayette City Council, sitting as the Lafayette Liquor and Fermented Malt Beverage Licensing Authority, to assist the Authority in treating all licensees as equitably as possible in imposing sanctions for violations of the liquor and beer codes. The Authority will analyze the circumstances of each individual case and consider any aggravating or mitigating circumstances before imposing sanctions against the licensee. The actual sanctions imposed against a licensee may vary from the guidelines set forth herein, depending upon the circumstances of each case. ‘When the City Attorney files a complaint with the Liquor Authority, it is not generally the licensee’s first offense. At the time of the show cause hearing, the City Attorney and the City Clerk will advise the Liquor Authority of any prior violations and warnings received by the licensee. In the case of a first offense, the licensee may receive a written warning from the Police Department and/or attend a meeting with representatives from the Police Department and City Clerk’s Office. At the meeting, the specific violations are discussed in detail and the licensee is advised of the City’s liquor training program. Sometimes, when a suspension is imposed against a licensee for a violation, a number of days of the suspension are held in abeyance for one year. If a subsequent offense occurs within that year, the licensee should serve the days held in abeyance for the prior violation in addition to any sanctions imposed for the subsequent offense. When a suspension is imposed, a licensee may petition to pay a fine in lieu of the suspension. Pursuant to C.R.S. § 12-46-107 or C.R.S. § 12-47-110, and Lafayette Code § 10-17, the Liquor Authority has the discretion to allow or deny the petition. To grant a petition, the Authority must find: 1. The public welfare and morals will not be impaired and a fine will achieve the desired disciplinary result. 2. The licensee’s books and records are kept in such a manner that the amount of the fine can be calculated. 24 ---PAGE BREAK--- 3. The licensee has not had his license suspended or revoked, or paid a fine in lieu of a suspension within the two years preceding the date of the complaint. 4. The suspension imposed is for fourteen or less days. All offenses are cumulative; that is, a “second offense” need not be a violation of the same regulation as the “first offense,” and so on. All prior violations will be considered a part of a licensee’s record, except that if a licensee maintains a violation free record for three years, then no violations more than three years old will be considered in imposing sanctions. CONDUCT OF PREMISES (Regulation 47-105.1; Regulation 46-105.1 Code § 10-7): 1. A licensee must conduct the licensed premises in a decent, orderly, and respectable manner. 2. A licensee cannot permit the serving or loitering of an apparently intoxicated person or habitual drunkard on the licensed premises. 3. A licensee may not permit profanity, rowdiness, undue noise, and other disturbances or activities which are offensive to the senses of the average citizen or residents of the neighborhood. 4. A licensee cannot engage in or permit exposure or touching of sexual body parts on the licensed premises. 5. A licensee cannot permit entertainment on the licensed premises which displays or simulates sexual acts. FIRST OFFENSE: Ten (10) days suspension with five days held in abeyance for year; allow a fine in lieu of a suspension. SECOND OFFENSE: Fourteen (14) days suspension with seven days held in abeyance for one year; no fine in lieu of a suspension. In the event a second offense occurs within one year of the first offense, any days held in abeyance from the first offense will be imposed in addition to separate sanctions for the second offense. 25 ---PAGE BREAK--- THIRD OFFENSE: Thirty (30) days suspension with no days held in abeyance; no fine in lieu of a suspension. In the event a third offense occurs within one year of the second offense, any days held in abeyance fiom the second offense will be imposed in addition to separate sanctions for the third offense. FOURTH OFFENSE: Sixty (60) days suspension to revocation; no fine in lieu of a suspension. FAILURE TO REPORT - (Code § 10-9): Any licensee shall immediately report to the Police Department any lawful or disorderly act, conduct or disturbance committed on the premises. FIRST OFFENSE: Ten (10) days suspension with five days held in abeyance for year; allow a fine in lieu of a suspension. SECOND OFFENSE: Fourteen (14) days suspension with seven days held in abeyance for one year; no fine in lieu of a suspension. In the event a second offense occurs within one year of the first offense, any days held in abeyance from the first offense will be imposed in addition to separate sanctions for the second offense. THIRD OFFENSE: Thirty (30) days suspension with no days held in abeyance; no fine in lieu of a suspension. In the event a third offense occurs within one year of the second offense, any days held in abeyance from the second offense will be imposed in addition to separate sanctions for the third offense. FOURTH OFFENSE: Sixty (60) days suspension to revocation; no fine in lieu of a suspension. SALE OR SERVICE TO VISIBLY INTOXICATED PERSONS - (C.R.S. § 12-47-128(l)(a), § 12-47-1 28(5)(a)(I), Regulation 47-105.1(A), 12-46-112(1 A licensee may not serve or permit the service of beer or alcoholic beverages to a visibly intoxicated person. FIRST OFFENSE: Ten (10) days suspension with five days held in abeyance for one year; allow a fine in lieu of a suspension. 26 ---PAGE BREAK--- SECOND OFFENSE: Fourteen (14) days suspension with seven days held in abeyance for one year; no fine in lieu of a suspension. In the event a second offense occurs within one year of the first offense, any days held in abeyance from the first offense will be imposed in addition to separate sanctions for the second offense. THIRD OFFENSE: Thirty (30) days suspension with no days held in abeyance; no fine in lieu of a suspension. In the event a third offense occurs within one year of the second offense, any days held in abeyance from the second offense will be imposed in addition to separate sanctions for the third offense. FOURTH OFFENSE: Sixty (60) days suspension to revocation; no fine in lieu of a suspension. SALE TO A MINOR (C.R.S. § 12-47-128(1)(a), § 12-47-128(5)(a)(1), § 12-46-1 12(1)(a), §12-46-1 A licensee may not serve or permit the service of beer or alcoholic beverages to any person under twenty-one (21) years of age. FIRST OFFENSE: Ten (10) days suspension with five days held in abeyance for one year; allow a fine in lieu of a suspension. SECOND OFFENSE: Fourteen (14) days suspension with seven days held in abeyance for one year; no fine in lieu of a suspension. In the event a second offense occurs within one year of the first offense, any days held in abeyance from the first offense will be imposed in addition to separate sanctions for the second offense. THIRD OFFENSE: Thirty (30) days suspension with no days held in abeyance; no fine in lieu of a suspension. In the event a third offense occurs within one year of the second offense, any days held in abeyance from the second offense will be imposed in addition to separate sanctions for the third offense. FOURTH OFFENSE: Sixty (60) days suspension to revocation; no fine in lieu of a suspension. 27 ---PAGE BREAK--- BAD MORAL CHARACTER (C.R.S. § 12-47-111, § 12-46-l08(1)(b), and Regulation No. 46-108.1). A liquor or beer license may not be held by: 1. A person who is not of good moral character. 2. Any corporation whose officers, directors, or stockholders holding over ten percent (10%) of the stock are not of good moral character. 3. Partnership, association or company whose officers or members holding over ten percent (10%) interest are not of good moral character. 4. Any person employing, assisted by, or financed by a person not of good moral character and reputation satisfactory to the licensing authority. 5. Any person unless his/her character, record, and reputation is satisfactory to the Licensing Authority. ANY OFFENSE: Denial of an application or revocation of an existing license unless the person of bad moral character is removed from the license or from employment within thirty (30) days. HOURS OF SERVICE (C.R.S. § 12-47-128(5)(c), § 12-46-1 12(1)(a) and Regulation 46-112.1): A licensee may not sell or serve beer or alcoholic beverages at any time other than during the hours permitted by the liquor and beer codes. FIRST OFFENSE: Five days suspension with four days held in abeyance for one year; allow a fine in lieu of a suspension. SECOND OFFENSE: Five days suspension with three days held in abeyance for one year; allow a fine in lieu of a suspension. In the event a second offense occurs within one year of the first offense, any days held in abeyance from the first offense will be imposed in addition to separate sanctions for the second offense. THIRD OFFENSE: Thirty (30) days suspension with fifteen (15) days held in abeyance; no fine in lieu of a suspension. In the event a third offense occurs within one year of the second offense, any days held in abeyance from the second offense will be imposed in addition to separate sanctions for the third offense. 28 ---PAGE BREAK--- FOURTH OFFENSE: Sixty (60) days suspension to revocation; no fine in lieu of a suspension. In the event a fourth offense occurs within one year of the third offense, any days held in abeyance from the third offense will be imposed in addition to separate sanctions for the fourth offense. The time held in abeyance is moot if the sanction for the fourth offense is revocation. UNLAWFUL FINANCIAL INTERESTS / UNLAWFUL CONTROL - (C.R.S. § 12-47-106(3), and § 12-47-129; Regulation 47-129.2, and 12-46-113): 1. A person may hold only one of the following liquor licenses: beer and wine, retail liquor store, drug store, club, optional premises (alone). 2. A person may hold multiple licenses of the following types of liquor licenses: hotel and restaurant, tavern, hotel and restaurant with optional premises, tavern, race track, arts, public transportation (airline). 3. A person may hold multiple 3.2% licenses, or a 3.2% and a tavern license, or a 3.2% and a hotel and restaurant license, or a 3.2% and public transportation license (airline). 4. A person may not hold a hotel and restaurant license with a race track license. 5. A person licensed to sell at retail may not receive any direct or indirect financial assistance, furniture, equipment, fixtures, chattels, or furnishings from a manufacturer, wholesaler, importer, or limited winery licensee. 6. No person or corporation (including stockholders, directors, and officers) holding any liquor license may make a loan to or be a stockholder, director, or officer, or be interested directly or indirectly in any other liquor license, except a hotel and restaurant liquor license. Banks are excepted from this prohibition. 7. In determining who the “owner” of a license is, or who is acting as an “owner, elements to be considered are: a. Who bears the risk of loss other than as an insurer? b. Who has the opportunity to gain profit? c. Who has the right to possession of the premises? 29 ---PAGE BREAK--- d. Who guarantees the debts? e. Who is the beneficiary under the insurance policies? f. Who is responsible for the taxes? The intent of the statutes is to prevent control of a liquor license by anyone other than the licensee. FIRST OFFENSE: Fourteen (14) days suspension with no days held in abeyance; the licensee must remove the unlawful interest; no fine in lieu of a suspension. SECOND OFFENSE: Thirty (30) days suspension with no days held in abeyance; the licensee must remove the unlawful interests; no fine in lieu of a suspension. THIRD OFFENSE: Sixty (60) days suspension to revocation; the licensee must remove the unlawful interest; no fine in lieu of a suspension. LATE RENEWAL (C.R.S. § 12-47-302): An application for renewal of a beer or liquor license must be filed with the Liquor Authority not less than forty-five (45) days prior to the expiration date of the license. A licensee filing a renewal with the City Clerk which is between one to seven days late, will receive a warning letter regarding the late renewal. A second late renewal or renewal more than seven days late will result in a complaint being filed by the City Attorney. FIRST OFFENSE: Two days suspension with two days held in abeyance for one year; if any suspension is imposed, allow a fine in lieu of a suspension. SECOND OFFENSE: Five days suspension with two days held in abeyance for one year; no fine in lieu of a suspension. In the event a second offense occurs within one year of the first offense, any days held in abeyance from the first offense will be imposed in addition to separate sanctions for the second offense. ANY SUBSEQUENT OFFENSE: Five days suspension with no time in abeyance; no fine in lieu of a suspension. In the event a subsequent offense occurs within one year of a prior offense, any days held in abeyance from the subsequent offense will be imposed in addition to the separate sanctions for the prior offense. 30 ---PAGE BREAK--- MODIFICATION OF PREMISES (Regulation 47-106.2, and 12-46-106.3): Prior consent of the Liquor Authority is required to: 1. Increase or decrease the total size or capacity of the licensed premises; 2. Seal off, create, or relocate a doorway; 3. Substantially enlarge or relocate a bar; 4. Make any material change which affects the basic character or physical structure of the licensed premises. FIRST OFFENSE: Two days suspension with two days held in abeyance for one year; if a suspension is imposed, allow a fine in lieu of a suspension. SECOND OFFENSE: Four days suspension with two days held in abeyance for one year; allow a fine in lieu of a suspension. In the event a second offense occurs within one year of the first offense, any days held in abeyance from the first offense will be imposed in addition to separate sanctions for the second offense. ANY SUBSEQUENT OFFENSE: Five days suspension with no time in abeyance; no fine in lieu of a suspension. In the event a subsequent offense occurs within one year of a previous offense, any days held in abeyance from the previous offense will be imposed in addition to the separate sanctions for the subsequent offense. Approved November 8, 1999 by Lafayette Local Licensing Authority Resolution 99-01 31 ---PAGE BREAK--- City of Lafayette License Renewal Process Liquor licenses are valid for one year from the date of the approval by the Colorado Liquor Enforcement Division and must be renewed each year. Approximately 90 days prior to expiration date, you will receive a two-page renewal application from the Colorado Liquor Enforcement Division for you to: a. complete and have signed by an authorized agent b. attach appropriate State and local fees (2 separate checks) c. submit to the Lafayette City Clerk’s Office, 1290 S. Public Road, Lafayette CO 80026, for processing by the Lafayette Liquor Licensing Authority and the State Liquor Enforcement Division. Renewal applications must be accompanied by both City and State fees and be submitted no later than 45 days before license expiration. If ou do not receive your renewal application from the State and your expiration date is near, contact the City Clerk’s Office, [PHONE REDACTED] x3313 or the State Liquor Enforcement Division, [PHONE REDACTED] to obtain the required renewal forms. It is important that you do this, since failure to renew by that date will result in a late fee of $500 in addition to usual fees for renewal. Any changes in the following must be reported to the City Clerk’s Office for the consideration by both the local and State Licensing Authorities: Change in Operating Manager Change of Location Change in Corporate or Trade Name Change or Transfer of Ownership Change in corporate partner, director, or Change in limited liability company stockholder member Change in partnership Modification of licensed premises Licensee must maintain possession of the premises for entire licensed period by virtue of a lease, sublease, or deed to the licensed premises. 32 ---PAGE BREAK--- Public Opinion Survey Companies These Companies offer petitioning services related to neighborhood surveys: Oedipus, Inc. (303) 661-0638 phone Petition & Telephone Surveys (303) 604-2862 fax Liquor Licensing Rezonings Opinion Poll Venue Special Tax Districts Esquire Petitioning Services (303) 331-8600 phone Liquor Licensing Specialists Petitions Applications Signs Transfers Liquor Licensing Professionals (719) 390-8844 phone Neighborhood Survey Company (719) 685-5570 fax [EMAIL REDACTED] 33 ---PAGE BREAK--- Liquor Service, Sales, Bartending, Waitpersons Age Restrictions Based upon the class of liquor license, age restrictions differ for persons to serve, sell or bartend. At least 21 years old Tavern (not serving full meals regularly) Retail liquor store (stock persons may be 1 8, but they are not allowed to sell) At least 18 years old (with supervisor on duty who is 21 or older) Hotel & Restaurant Golf Courses Tavern (serving full meals regularly) 3.2% OnIOff Premises At least 1 8 years old (no supervision required) Beer & Wine C.R.S. 12-47-90 1 34 ---PAGE BREAK--- Local Training Programs Alcohol Beverage Tastings These entities offer programs for Seller & Server Training. Lafayette Police Department 451 N. 11 1 St. Lafayette, CO 80026 Contact: Carol Wurtz-Sellers [PHONE REDACTED] ext: 4122 Oedipus, Inc. Max Scott and Tina Scott P0 Box 38 Louisville, Colorado 80027 Phone: [PHONE REDACTED] Fax: [PHONE REDACTED] E-mail: exlegcomcast.net Website: http :1/member.expertpages.comloedipusinc Training classes in English & Spanish ServSafe Alcohol Colorado Restaurant Association - Education Fund Maureen McNamara, Phone: [PHONE REDACTED] 430 E. 7th Avenue, Denver, CO 80203 website: www.coloradorestaurant.com Larimer County Sheriffs Office Sergeant Gerald Baker 2501 Midpoint Drive Ft. Collins, Colorado 80525 Loveland Police Department Joe Berdin 810 East 10th Street, Suite 100 Loveland, Colorado 80537-4942 Phone: [PHONE REDACTED] website: www.ci.loveland.co.us TIPS - Training for Intervention Procedures Craig Stevens 1101 Wilson Blvd, Suite 1700, Arlington, VA 22209 Phone: 800-GET-TIPS website: www.gettips.com 35 ---PAGE BREAK--- License Type Application fee License Fee Total Local Fees Application Fee (State) License Fee (State) Total State Fees Beer & Wine New 750.00 $ 48.75 $ 798.75 $ 1,025.00 $ 351.25 $ 1,376.25 $ Transfer 750.00 $ 48.75 $ 798.75 $ 1,025.00 $ 351.25 $ 1,376.25 $ Renewal 100.00 $ 48.75 $ 148.75 $ N/A 351.25 $ 351.25 $ H & R New 750.00 $ 75.00 $ 825.00 $ 1,025.00 $ 500.00 $ 1,525.00 $ Transfer 750.00 $ 75.00 $ 825.00 $ 1,025.00 $ 500.00 $ 1,525.00 $ Renewal 100.00 $ 75.00 $ 175.00 $ N/A 500.00 $ 500.00 $ Tavern New 750.00 $ 75.00 $ 825.00 $ 1,025.00 $ 500.00 $ 1,525.00 $ Transfer 750.00 $ 75.00 $ 825.00 $ 1,025.00 $ 500.00 $ 1,525.00 $ Renewal 100.00 $ 75.00 $ 175.00 $ N/A 500.00 $ 500.00 $ Liquor Store New 750.00 $ 22.50 $ 772.50 $ 1,025.00 $ 227.50 $ 1,252.50 $ Transfer 750.00 $ 22.50 $ 772.50 $ 1,025.00 $ 227.50 $ 1,252.50 $ Renewal 100.00 $ 22.50 $ 122.50 $ N/A 227.50 $ 227.50 $ 3.2% Beer Off Premises New 750.00 $ 3.75 $ 753.75 $ 1,025.00 $ 96.25 $ 1,121.25 $ Transfer 750.00 $ 3.75 $ 753.75 $ 1,025.00 $ 96.25 $ 1,121.25 $ Renewal 100.00 $ 3.75 $ 103.75 $ N/A 96.25 $ 96.25 $ 3.2% Beer On Premises New 750.00 $ 3.75 $ 753.75 $ 1,025.00 $ 96.25 $ 1,121.25 $ Transfer 750.00 $ 3.75 $ 753.75 $ 1,025.00 $ 96.25 $ 1,121.25 $ Renewal 100.00 $ 3.75 $ 103.75 $ N/A 96.25 $ 96.25 $ Club License New 750.00 $ 41.25 $ 791.25 $ 1,025.00 $ 308.75 $ 1,333.75 $ Transfer 750.00 $ 41.25 $ 791.25 $ 1,025.00 $ 308.75 $ 1,333.75 $ Renewal 100.00 $ 41.25 $ 141.25 $ N/A 308.75 $ 308.75 $ Arts License New 750.00 $ 41.25 $ 791.25 $ 1,025.00 $ 308.75 $ 1,333.75 $ Transfer 750.00 $ 41.25 $ 791.25 $ 1,025.00 $ 308.75 $ 1,333.75 $ Renewal 100.00 $ 41.25 $ 141.25 $ N/A 308.75 $ 308.75 $ Brew Pub License New 750.00 $ 75.00 $ 825.00 $ 1,025.00 $ 750.00 $ 1,775.00 $ Transfer 750.00 $ 75.00 $ 825.00 $ 1,025.00 $ 750.00 $ 1,775.00 $ Renewal 100.00 $ 75.00 $ 175.00 $ N/A 750.00 $ 750.00 $ 6/27/2012 City of Lafayette / State of Colorado LIQUOR LICENSE FEE LIST ---PAGE BREAK--- License Type Application fee License Fee Total Local Fees Application Fee (State) License Fee (State) Total State Fees Art Gallery Permit New 100.00 $ 3.75 $ 103.75 $ - $ 71.25 $ 71.25 $ Renewal 100.00 $ 3.75 $ 103.75 $ - $ 71.25 $ 71.25 $ Bed & Breakfast Permit New 100.00 $ 25.00 $ 125.00 $ N/A 50.00 $ 50.00 $ Renewal 100.00 $ 25.00 $ 125.00 $ N/A 50.00 $ 50.00 $ Mini Bar Permit with H & R License New N/A 325.00 $ 325.00 $ N/A N/A N/A Renewal N/A 325.00 $ 325.00 $ N/A N/A N/A Optional Premises New 500.00 $ 75.00 $ 575.00 $ 1,025.00 $ 500.00 $ 1525.00+ Transfer 500.00 $ 75.00 $ 575.00 $ 1,025.00 $ 500.00 $ 1525.00+ Renewal 50.00 $ 75.00 $ 125.00 $ N/A 500.00 $ 500.00+ 100.00+ /site Alcohol Beverage Tasting N/A 50.00 $ 50.00 $ Change of Location 750.00 $ N/A 750.00 $ 150.00 $ N/A 150.00 $ Change of Tradename 50.00 $ N/A 50.00 $ 50.00 $ N/A 50.00 $ Manager's Registration 75.00 $ N/A 75.00 $ 75.00 $ N/A 75.00 $ Temporary Permit 100.00 $ N/A 100.00 $ N/A N/A N/A Late Renewal 500.00 $ N/A 500.00 $ N/A N/A N/A Modify Premises 150.00 $ N/A 150.00 $ 150.00 $ N/A 150.00 $ Duplicate License 50.00 $ N/A 50.00 $ 50.00 $ N/A 50.00 $ Special Event (liquor) N/A 100.00 $ 100.00 $ N/A N/A N/A Special Event (3.2) N/A 100.00 $ 100.00 $ N/A N/A N/A Concurrent Review N/A N/A N/A 100.00 $ N/A 100.00 $ Corporate Report of Changes 100.00 $ N/A 100.00 $ N/A N/A N/A Background Check Each person must bring a money order for $38.50, payable to CBI, to the Police Dept. at the time of fingerprinting. ---PAGE BREAK--- Nonfood items permitted to bc sold by Retail Liquor Store Licensees In accordance with C.R.S. 1973, 12-47-116(1) and Regulation 47-1 16.1, the following products are approved as nonfood items permitted to be sold by Retail Liquor Store Licensees. • Bar Towels • Bartender Guides • Beer Brewing Kit (Equipment) • Beer Brewing Kit (Ingredients) “Add water only” self contained and pre-mixed kit that is commercially packed, sealed and labeled • Blenders • Books or Magazines — primarily about alcoholic liquors or the industry • Bottle Openers • Bottle Neck Greeting Cards • Can Openers • Coasters • Cocktail Garnishes — which are prepackaged, labeled, directly related to the consumption of alcohol and sold solely for the purpose of garnishing beverages up to 16 oz. • Coolers — all types • Cork screws • Devices purporting to measure breath or blood alcohol • Dispensers — all types • Drink shakers • Drip rings • Flasks • Fresh lemons or limes • Fruit squeezers • General bar equipment • Gift Basket that contains alcohol beverage products and any of the permitted items listed in this document • Glass holders • Glass washing equipment • Glasses — Mugs • Hangover remedy — strictly limited to a product manufactured and labeled as a hangover reliever • Herb bitters • Ice buckets • Ice crushers • Ice machines • Liquor filled candy • Liquor travel cases • Liters-Carafes-Decanters • Maraschino Cherries • Milk • Mixes • Nutrahol • Olives • Party clips (attaches wine glass to plate) • Pitchers portable bars (home use) • Prost and similar beverage magazines • Shot measures • Soda siphons or mixers • Stir sticks • Trays • Tipsy Teasers — gift wrap ribbon • Wine Making Kits • Wine Racks • Wine Inventory Software (home use) ---PAGE BREAK--- Excepciones a Ta Toy Exemptions From The law Fumar seguiro estando permitido en los sigi.’entes lugares: • Dumiciliss, residencias p automdviles privados, n menos rjue estos so empleen para cuidado de nihos n corns guaideria • Liniusinas de controtocido privada • IlasIa ul 25% I habitaciones rentodas en hotols o molder • mpresas relaci con Ia yenta do tabaco at meoudes • Us establecimiento que cumpla cor li detlnicidn de bar en donde se cendan cigarros-tabaco”. a partir dol 31 e diciemhre do 2005 • El Urea esteriar .i,jier einpresa, s,mpre que si rods aIm del radio de pies de entrada • Las Ureas para tuinar del Aeropuerto Inte’: ‘I dp Denser • Ernpleadores con tres a menos empleadssloolontarios gee no permitcr ci access at publico • tin editicie prinodo. no resideocial, en irna granja o ‘ancho quo cuente coo on ingreso anual brute inferior a $500000 • En los centros de repose, las zonas de access. areas cerradas ,con ventilacidn son peru use ens I s de sue rosidentes e invitudos Cumplimiento de Ta ley Los consemidores, las empresas y Iu demUs establecimientos en los gun se eoija que cute pro’alio fur:r sir respoasables del cu p1’ nienta de Ia 1 ey. s observa usa 51010cm r. puede lamar al ndmero Vl’c rico gun no sea de emergencia dose organisms local encargado de Ia aplicacidn do Ia Icy. Multas Segin Ic d ore Ia ley. los rif’atinrrs seido penad’ s con una multa de 2O3 per In primera vislaciUn. una mulla Pr $300 perle segonda violocido y una malta Jo Sm C purl a per cada .‘nlacira sobsiguiente dentro do on mismo abs cal”rPario. An tiene preguntas? P,r’,j obtener mdc ioformaciOn acerca de a lop de prohibicios de tumar, visite www.SmckeFreeCslorado.org c Ilame en centre de clod ID al. Sucking will still be permitted in the following ‘ions p.:vate homes, residences and automobiles unless they are being used ft’ child care or day care • limousines under prioats hire • U7 to 25% ef renled hct I or motel rooms • Retail tobacco businesses • An es.ablishnreot that eel tlse detin:tion sf a “cigar-tobacco bar” usnf December 31, 2005 • The outdoor area of any business as long as it is bcyeud the 15 toot radius amend the maine :tvd, • Th airpoit smoking lounges at Deovor International Airport • P”ployers with three am tuner umployees/vnlonteers who ‘Jr nut allow access to the public • A private, non-residential building on a loris nm ranch thut has an an- il gross iiaoomeot less than S500.OCD • Areas f assisted Iioing facilities that are folly enclosed. ventilated, and access is restricted to residents and their guests Complying With The law Ausioesses and other establishments required to be smoke-free are responsible for complying with the Jar. If you observe a ulation, you can call ‘be non-emergency teleplmore number of sir I law enforcement agency. PenaltIes defined by the law, violate’s are ob1 t to a $200 fl’0 for the first oblation, a $300 fine for the second violation and a $500 fine foi every oiolatmon per day thereafter within o calendaryear. Still Have Questions? For rrrore information about toe smoke—free law, oisit www.SmokeFreeColorado.org or cab the cool health agency. ---PAGE BREAK--- WhaUs In The Law Beginning July 1.2006, srookno will no longer be allowed in most indoor public places includu. (hat not limited tot • Restawonts. bars, gaming facilities such b hails. h H d or pool halls, bowling alleys, public buildings. grocery stores or any toed service establishment • Theaters, museums, libraries,” rio. ‘Jut - al institntisns, o’ common areasof retirement facilities. publicly-owned housing facilities and nursing horses • Lobbies, ‘ ro restrooms, reception arean, hallways and any other cuiomou—use areas in public and private buildings, condominiums and ether multiple-unit residential facilities • Indoor sports arenas, gymnasiums and uuditoriurns • llealfh carc facilities, hospitals. heallh care clinics, doctor’s offices and child fay care facilities • Cn—i i areas hotels and molelo .nnd no loon than 75% 01 hotel or motel sleeping quarters rented to guests • Jury waiting and delibaration moors courtrooms und public nioetiugs • Gonernmeet-nwned mass transportation of ony kiod. tuxcubo and limousines not under private hire • Airy place of employment nnt exempted. (See enemptions) Beginning January 1 2008. casinos will be required to be snoke-tree. — The 15 Foot Rule In addition, smoking will not be allowed within 15 feel of on on? 1Rh’ent’s main unless defined ditferentl by local law, Fc niore information, co’tact your local public health agercy. Qué Ia ley A partir del 1 uli de 2006, ito estará pnrmitido fumar eir Ia maporia de Ins lugares pdhlicss cerrados, entre Ins que se iocluyen (a medo de.:, • Restaurantes. hares. ceotres de ego conic salon de Lingo. saluoes its billar e pool, belichos, neliticins pUblicos. tiodas de comestibles y coalquier estoblecimionlo dundn se simon aLmeotor • Tnatrns, musees. biblintecas, ecu’las insfituciunes eitucatieas, y dreao do usocemito de centras de rntro. viniendas pbblicas y logius para ancianos • Vessihulns. elexadores, sanitarins. itreas do recepcidn. cnrredures y crialquier dma do usu cunnin no etliticiuc publicus y nrivadns. cnodnminios y fends mnstulaciones residenciales de unidades multiples • [dm005 depotiens, gimuasios p auditorios cerrados • Centros de utencibri de Ia sated. nespitales. cliulcus. consultorios medicos p goardnnas • 0r de us000mUn en mInIm y mnoteles, you menus del 75% do us hrubitucionns rentodas a hudspedes en ctoles u • Solos de esperu y de i rudoc. fob - salus para r000innes pdbticas • Tranoporte pdblico de ceuluier tipo perteneciente ol gobierne. tans p limusinas que on sean de centratacidn privada • Cealqsinr legur dx traha(u que en motel esento A parfir del I de enern de 2008 nose podra tumor en los casiion. Entradas — La norma de los 15 pies Ademds. nose perrnitirit fuinar en un rdis de 15 pies de Ia entrada princip’l Je on cot ahloc:tm en menus que esté definidn de otro modo por Ia ley lnol Para obleno rods inforrnaciOn, cemuniquese ceo so organised’ rio .-Iu pitblica ‘nil o so sereicin de enteroseria del Smoke-Free Colorado Smoke-Free Colorado In the spring of 2006, Colorado lawmakers passed the Colorado Clean Indoor Air Act to protect the En Ia primavera de 2006, los legisladores de Colorado aprobaron (a ley de Aire LImpiD en Espacios health of both the public and employees by reducing their exposure to secondhand smoke. Effective Cerrados (Clean Indoor Air Act) de Colorado con elfin de proteger Ia salud del püblico y de los empleados reduciendo su exposición al humo de segunda mano. La ley, vigente a partir del July 1, 2006, the law will result in healthier environments for employees, families and people O de julio de 2006. brindará un ambiente mãs seguro y saludable para que los ernpleados, statewide to enjoy Colorado’s restaurants, bars and other indoor establishments. After July 1, you’ll las familias y las personas de todo el estado puedan disfrutar de los restaurantes, bares y find the food just as tasty, the beverages just as refreshing and the music just as sweet. The only otros establecimientos cerrados de Colorado. Después del 1° de julio, sentirá los alimentos tan thing missing will be the secondhand smoke. So please go out and enjoy Colorado’s wonderful sabrosos, las bebidas tan refrescantes y Ia mUslca tan agradable como hasta ahora. Lo ünico que restaurants, bars and other indoor establishments with your family and friends. faltará es el humo de segunda mano. Por eso, salga y disfrute de los espléndidos restaurantes, bares y demás establecimientos cerrados de Colorado con sus familiares y amigos. SmolseFmeetolcrado.org SmokeFreeCoorado.org ---PAGE BREAK--- jof_ LIQUOR LICENSE APPLICATION FORMS Liquor / Retail License Application (DR 8404)* Liquor / 3.2% Beer License Application (DR 8403)* Attachment to Liquor/3.2% Beer Retail License Application Individual History Record (DR 8401)* Affidavit Concerning Criminal History Affidavit of Transfer and Statement of Compliance Survey Petition and Accompanying Documents (Affidavit & Summary Sheet) Boundary Acceptance Form > Affidavit of Lawful Presence (Sole Proprietorships only) Lafayette Sales & Use Tax License Application Certificate of Posting > City of Lafayette Temporary Liquor Permit Application *These forms available on line at http://www.revenue.state.co.us/liguordir/home.asp ---PAGE BREAK--- D[l 8404 (03/19/09) Pihie 1 COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION DL NVER CD 80261 COLORADO LIQUOR RETAIL LICENSE APPLICATION 21 DEPARTMENT USE ONLY LI NEW LICENSE LI TRANSFER OF OWNERSHIP LI LICENSE RENEWAL ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN APPLICANT MUST CHECK THE APPROPRIATE BOX(ES) LOCALLICENSEFEE $ APPLICANT SHOULD OBTAIN A COPY OF THE COLORADO LIQUOR AND BEER CODE(CaII [PHONE REDACTED]) 1. Applicant is applying as a LI Individual LI Corporation LI Limited Liability Company LI Partnership (includes Limited Liability and Husband and Wife Partnerships) LI Association or Other 2. Applicant If an LLC, name of LLC; if partnership, at least 2 partners names; it corporation, name of corporation Fein Number 2a.Trade Name of Establishment (DBA) State Sales Tax No. Business Telephone 3. Address of Premises (specify exact location of premises) City County State ZIP Code 4. Mailing Address (Number and Street) City or Town State ZIP Code 5. It the premises currently have a liquor or beer license, you MUST answer the following questions: Present Trade Name of Establishment (DBA) [Present State License No. Present Class of License Present Expiration Date I.JA SECTION A NONREFUNDABLE APPLICATION FEES LIAD SECTION B (CONT.) LIQUOR LICENSE FEES 2300 El Application Fee for New License $1,025.00 1985 El Resort Complex License (City) $500.00 2302 El Application Fee for New License - 1986 El Resort Complex License (County) $500.00 w/Concurrent Review $1,125 00 1988 El Add Related Facility to Resort Complex $ 7500 X 2310 El Application Fee for Transfer $1,025.00 1990 El Club License (City) $308.75 1991 El Club License (County) $308.75 2010 El Tavern License (City) $500.00 UA SECTION B LIQUOR LICENSE FEES 2011 [1 Tavern License (County) $500.00 1905 El Retail Gaming Tavern License (City) $500.00 2012 El Manager Registration - Tavern $ 75.00 1906 El Retail Gaming Tavern License (County) $500.00 2020 El Arts License (City) $308.75 1940 El Retail Liquor Store License (City) $227.50 2021 El Arts License (County) $308.75 1941 El Retail Liquor Store License (County) $312.50 2030 El Racetrack License (City) $500.00 2031 [1 Racetrack License (County) $500.00 1950 El Liquor Licensed Drugstore (City) $227.50 2040 El Optional Premises License (City) $500.00 1951 El Liquor Licensed Drugstore (County) $312.50 2041 El Optional Premises License (County) $500.00 1960 El Beer and Wine License (City) $351.25 1961 El Beer and Wine License (County) $436.25 2045 El Vintners Restaurant License (City) $750.00 1970 El Hotel and Restaurant License (Crty) $500.00 2046 El Vintners Restaurant License (County) $750.00 1971 El Hotel and Restaurant License (County) $500.00 2220 El Add Optional Premises to H & R $100.00 Total — 1975 El Brew Pub License (City) $750.00 2370 El Master File Location Fee $ 25.00 — 2375 El Master File Background $250.00 X 1976 El Brew Pub License (County) $750.00 1980 El Hotel and Restaurant License w/opt premises (City) $500.00 1981 El Hotel and Restaurant License w/opt premises (County) $500.00 1983 El Manager Registration - H & R $ 75.00 DO NOT WRITE IN THIS SPACE - FOR DEPARTMENT OF REVENUE USE ONLY LIABILITY INFORMATION License Issued Through County City Industry Type License Account Number Liability Date (Expiration Date) FROM TO State I City County Managers Reg -750 (999) 2180-100 (999) 21 90-1 00 (999) -750 (999) Cash Fund New License Cash Fund Transfer License TOTAL 2300-1 00 231 0-1 00 (999) (999) $ ---PAGE BREAK--- OH 1404 (03/19/09) Page 2 APPLICATION DOCUMENTS CHECKLIST AND WORKSHEET Instructions: This check list should be utilized to assist applicants with filing all required documents for licensure. All documents must be properly signed and correspond with the name of the applicant exactly. All documents must be typed or legibly printed. Upon final State approval the license will be mailed to the local licensing authority. Application fees are nonrefundable. ITEMS SUBMITTED, PLEASE CHECK ALL APPROPRIATE BOXES COMPLETED OR DOCUMENTS SUBMITTED APPLICANT INFORMATION LI A. Applicant/Licensee identified. B. State sales tax license number listed or applied for at time of application. LI C. License type or other transaction identified. LI D. Return originals to local authority. LI E. Additional information may be required by the local licensing authority. DIAGRAM OF THE PREMISES Z1 A. No larger than 8 1/2” X Ii”. LI B. Dimensions included (doesn’t have to be to scale). Extenor areas should show control (fences, walls, etc.). LI C. Separate diagram for each floor (if multiple levels). LI D. Kitchen - identified if Hotel and Restaurant. III. PROOF OF PROPERTY POSSESSION LI A. Deed in name of the Applicant ONLY (or) LI B. Lease in the name of the Applicant ONLY. LI C. Lease Assignment in the name of the Applicant (ONLY) with proper consent from the Landlord and acceptance by the Applicant. LI D. Other Agreement if not deed or lease. IV. BACKGROUND INFORMATION AND FINANCIAL DOCUMENTS LI A. Individual History Record(s) (Form DR 8404-I), LI B. Fingerprints taken and submitted to local authority. (State authority for master file applicants.) LI C. Purchase agreement, stock transfer agreement, and or authorization to transfer license. LI D. List of all notes and loans. V. CORPORATE APPLICANT INFORMATION (If Applicable) LI A. Certificate of Incorporation (and/or) LI B. Certificate of Good Standing if incorporated more than 2 years ago. LI C. Certificate of Authorization if foreign corporation. LI D. List of officers, directors and stockholders of parent corporation (designate 1 person as “principal officer”). VI. PARTNERSHIP APPLICANT INFORMATION (If Applicable) LI A. Partnership Agreement (general or limited). Not needed if husband and wife. VII. LIMITED LIABILITY COMPANY APPLICANT INFORMATION (If Applicable) LI A. Copy of articles of organization (date stamped by Colorado Secretary of State’s Office). LI B. Copy of operating agreement. LI C. Certificate of Authority (if foreign company). VIII. MANAGER REGISTRATION FOR HOTEL AND RESTAURANT, TAVERN LICENSES WHEN INCLUDED WITH THIS APPLICATION LI A. $75.00 fee. LI B. Individual History Record (DR 8404-I). ---PAGE BREAK--- Oil £1404 (03/19/09) Pane 3 6. Is the applicant (including any ot the partners, if a partnership; members or manager if a limited liability company; or otticers, stock- Yes No holders or directors if a corporation) or manager under the age ot twenty-one years? 7. Has the applicant (including any of the partners, it a partnership; members or manager if a limited liability company; or officers, stockholders or directors it a corporation) or manager ever (in Colorado or any other state): been denied an alcohol beverage license? had an alcohol beverage license suspended or revoked? had interest in another entity that had an alcohol beverage license suspended or revoked? If you answered yes to 7a, b or c, explain in detail on a separate sheet. 8. 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? It “yes,’ explain in detail. Li Li 9. Are the premises to be licensed within 500 feet of any public or private school that meets compulsory education requirements of Colorado law, or the principal campus of any college, university or seminary? Li Li 10. Has a liquor or beer license ever been issued to the applicant (including any of the partners, it a partnership; members or manager it a limited liability company; or officers, stockholders or directors if a corporation)? II yes, identify the name of the business and list any current or former financial interest in said business including any loans to or from a licensee. Li LI Ii. Does the Applicant, as listed on tine 2 of this application, have legal possession of the premises by virtue of ownership, lease or other arrangement? Li Ownership Li Lease LI Other (Explain in Detail) Li LI a. If leased, list name of landlord and tenant, and date of expiration, EXACTLY as they appear on the lease: Landlord Tenant Expires Attach a diagram and outline or designate the area to be licensed (including dimensions) which shows the bars, brewery, walls, partitions, entrances, exits and what each room shall be utilized for in this business. This diagram should be no larger than 8 1/2” X 11”. (Doesn’t have to be to scale) 12. Who, besides the owners listed in this apptication (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 wilt receive money from this business. Attach a separate sheet if necessary. 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 Has a local ordinance or resolution authorizing optionat premises been adopted? Li Li Number of separate Optional Premises areas requested. (See License Fee Chart) 14. Liquor Licensed Drug Store applicants, answer the following: 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. Li Li 15. Club Liquor License applicants answer the following and attach: Is the applicant organization operated solely for a national, social, fraternal, patriotic, political or athletic purpose and [1 Li not for pecuniary gain? — Is the applicant organization a regularly chartered branch, lodge or chapter of a national organization which is Li Li operated solely for the object of a patriotic or fraternal organization or society, but not for pecuniary gain? How long has the club been incorporated? How long has applicant occupied the premises (Three years required) to be licensed as a club 9 (Three years required) 16. Brew-Pub License or Vintner Restaurant Applicants answer the following: Has the applicant received or applied for a Federal Permit? Li Li (Copy of permit or application must be attached) 1 7a. Name of Manager (for all on-premises applicants). (If this is an Date of Birth application for a Hotel, Restaurant or Tavern License, the manager must also submit an Individual History Record (DR 8404-I). L 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. Li Li 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 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. ---PAGE BREAK--- H 9404 (03/19/09)1 ‘age 4 19. It applicant is a corporation, partnership, association or limited liability company, applicant must list ALL OFFICERS, DIRECTORS, GENERAL PARTNERS, AND MANAGING MEMBERS. In addition applicant must list any stockholders, partners, or members with OWNER SHIP OF 10% OR MORE IN THE APPLICANT ALL PERSONS LISTED BELOW must also attach form DR 8404-I (Individual History record), and submit finger print cards to their local licensing authority. NAME HOME ADDRESS. CITY & STATE DOB POSITION % OWNED* *If total ownership percentage disclosed here does not total 100% applicant must check this box LI Applicant affirms that no individual other than these disclosed herein, owns 10% or more of the applicant Additional Documents to be submitted by type of entity LI CORPORATION LI Cert. of lncorp. H Cert. of Good Standing (if more than 2 yrs. old) H Cert. of Auth. (if a foreign Corp.) LI PARTNERSHIP H Partnership Agreement (General or Limited) H Husband and Wife partnership (no written agreement) LI LIMITED LIABILITY COMPANY LI Articles of Organization LI Cert. of Authority (if foreign Company) H 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 / declare under penalty ofperjury in the second degree that this application and all attachments are true, correct, and complete to the best of my knowledge. I also acknowledge that it is my responsibility and the responsibility of my agents and employees to comply with the provisions of the Colorado Liquor or Beer Code which affect my license. Authorized Signature Title Date 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 C.R.S. THE LOCAL LICENSING AUTHORITY HEREBY AFFIRMS: That each person required to file DR 8404-I (Individual History Record) has: Yes No H Been fingerprinted H H H Been subject to background investigation, including NCIC/CCIC check for outstanding warrants H LI That the local authority has conducted, or intends to conduct, an inspection of the proposed premises to ensure that the applicant is in compliance with, and aware of, liquor code provisions affecting their class of license H H (Check One) H Date of Inspection or Anticipated Date H Upon approval of state licensing authority. The foregoing application has been examined; and the premises, business to be conducted, and character of the applicant are satisfactory. We do report that such license, if granted, will meet the reasonable requirements of the neighborhood and the desires of the adult inhabitants, and will comply with the provisions of Title 12, Article 46 or 47, C.R.S. THEREFORE, THIS APPLICATION IS APPROVED. Local Licensing Authority for Number fl TOWN, CITY COUNTY Signature Title Date Signature (attest) Title Date ---PAGE BREAK--- DR 8403 (03/lSdUO) COLORADO DLPARTMF NT OF REVENUE LIQUOR rNFORc[ MrNT DIVISION 1375 SHERMAN STREET DENVER CO 80281 COLORADO FERMENTED MALT BEVERAGE (3.2% BEER) LICENSE APPLICATION LI NEW LICENSE LI TRANSFER OF OWNERSHIP Li LICENSE RENEWAL • ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN • APPLICANT MUST CHECK THE APPROPRIATE BOX(ES) • LOCALLICENSEFEE $ • APPLICANT SHOULD OBTAIN A COPY OF THE COLORADO LIQUOR AND BEER CODE(CaII [PHONE REDACTED]) DO NOT WRITE IN THIS SPACE 1. Applicant is applying as a LI Corporation LI Partnership (includes Limited Liability and Husband and Wife Partnerships) LI Individual LI Limited Liability Company LI Association or Other 2. Applicant(s) If an LLC, name of LLC; if partnership, at least 2 partners names, if corporation, name of corporatIon Fein Number 2a.Trade Name of Establishment (DBA) State Sales Tax No. Business Telephone 3. Address of Premises (specify exact location of premises) City County 4. Mailing Address (Number and Street) City or Town 5. If the premises currently have a liquor or beer license, you MUST answer the followng questions: Present Trade Name of Establishment (DBA) Present State License No. Present Class of License Present Expiration Date UAS SECTION A NONREFUNDABLE APPLICATION FEES UA SECTION B — 3.2% BEER LICENSE FEES 2300 LI Application Fee for New License $ 1,025.00 2121 LI Retail 3.2% Beer On-Premises (City) $ 96.25 2302 LI Application Fee for New License - 2124 LI Retail 3.2% Beer On-Premises (County) $ 117.50 w/Concurrent Review $ 1,125.00 2122 LI Retail 3.2% Beer Off-Premises (City) $ 96.25 2310 LI Application Fee for Transfer $ 1,025.00 2125 LI Retail 3.2% Beer Off-Premises (County) $ 1 17.50 2123 LI Retail 3.2% Beer On/Off Premises (City) $ 96.25 2126 LI Retail 3.2% Beer On/Off Premises (County) $ 117.50 2370 LI Master File Location Fee $ 25.00 x Total 2375 LI Master File Background $ 250.00 x Total DO NOT WRITE IN THIS SPACE - FOR DEPARTMENT OF REVENUE USE ONLY LIABILITY INFORMATION County City Industry Type License Account Number Liability Date License Issu:d Through FROM TO State City County -750 (999) 21 80.100 (999) 2190-100 (999) Cash Fund New License Cash Fund Traneler License 2300-100 2310-100 (999) (999) . ---PAGE BREAK--- (O3/1O9) Pje2 APPLICATION DOCUMENTS CHECKLIST AND WORKSHEET Instructions: This check list should be utilized to assist applicants with tiling all required documents for licensure. All documents must be properly signed and correspond with the name ot the applicant exactly. All documents must be typed or legibly printed. Upon final State approval the license will be mailed to the local licensing authority. Application fees are nonrefundable. ITEMS SUBMITTED, PLEASE CHECK ALL APPROPRIATE BOXES COMPLETED OR DOCUMENTS SUBMITTED I. APPLICANT INFORMATION Li A. Applicant/Licensee identified. Li B. State sales tax license number listed or applied for at time of application. Li C. License type or other transaction identified. Li D. Return originals to local authority. Li E. Additional information may be required by the local licensing authority. II. DIAGRAM OF THE PREMISES Li A. No larger than 8 1/2 Xli’. Li B. Dimensions included (doesn’t have to be to scale). Exterior areas should show control (fences, walls, etc.). Li C. Separate diagram for each floor (if multiple levels). Li D. Kitchen - identified if Hotel and Restaurant. III. PROOF OF PROPERTY POSSESSION Li A. Deed in name of the Applicant ONLY (or) Li B. Lease in the name of the Applicant ONLY. Li C. Lease Assignment in the name of the Applicant (ONLY) with proper consent from the Landlord and acceptance by the Applicant. Li D. Other Agreement if not deed or lease. IV. BACKGROUND INFORMATION AND FINANCIAL DOCUMENTS Li A. Individual History Record(s) (Form DR 8404-I). Li B. Fingerprints taken and submitted to local authority. (State authority for master file applicants.) Li C. Purchase agreement, stock transfer agreement, and or authorization to transfer license. Li D. List of all notes and loans. V. CORPORATE APPLICANT INFORMATION (If Applicable) Li A. Certificate of Incorporation (and/or) Li B. Certificate of Good Standing if incorporated more than 2 years ago. Li C. Certificate of Authorization if foreign corporation. Li D. List of officers, directors and stockholders of parent corporation (designate 1 person as “principal officer”). VI. PARTNERSHIP APPLICANT INFORMATION (If Applicable) Li A. Partnership Agreement (general or limited). Not needed if husband and wife. VII. LIMITED LIABILITY COMPANY APPLICANT INFORMATION (If Applicable) Li A. Copy of articles of organization (date stamped by Colorado Secretary of State’s Office). Li B. Copy of operating agreement. Li C. Certificate of Authority (if foreign company). VIII. MANAGER REGISTRATION FOR HOTEL AND RESTAURANT, TAVERN LICENSES WHEN INCLUDED WITH THIS APPLICATION Li A. $75.00 fee. Li B. Individual History Record (DR 8404-I). ---PAGE BREAK--- OFi 8403 (03/10108) Pg 3 6. Is the applicant (including any of the partners, if a partnership; members or manager if a limitedliability company; or ofticers, stock- Yes No holders or directors if a corporation) or manager under the age of twenty-one years? El El 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); Yes No been denied an alcohol beverage license? El El had an alcohol beverage license suspended or revoked? El El had interest in another entity that had an alcohol beverage license suspended or revoked? El El If you answered yes to 7a, b or c, explain in detail on a separate sheet. Yes No 8. Has a 3.2 beer license for the premises to be licensed been denied within the preceding one year? If ‘yes,’ explain in detail. El El 9. 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 Yes No current or former financial interest in said business including any loans to or from a licensee. El Li 10. Does the Applicant, as listed on line 2 of this application, have legal possession of the premises by virtue of ownership, lease or other Yes No arrangement? El El Li Ownership El Lease [1 Other (Explain in Detail) a. If leased, list name of landlord and tenant, and date of expiration, EXACTLY as they appear on the lease: [andtord Tenant Expires Attach a diagram and outline or designate the area to be licensed (including dimensions) which shows the bars, brewery, walls, partitions, entrances, exits and what each room shall be utilized for in this business. This diagram should be no larger than 8 112” X 11”. (Doesn’t have to be to scale) 11. 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 al/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. Date of Birth 12. Name of Manager for at) on and on/off applicants. 13. 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 El 14. Tax Distraint Information. Does the applicant or any other person listed on this application and including its partners, officers, directors, stockholders, members (LLC) or managing members (LLC) and any other persons with a 10% or greater financial interest in Yes No the applicant currently have an outstanding tax distraint issued to them by the Colorado Department of Revenue? El El If yes, provide an explanation and include copies of any payment agreements. ---PAGE BREAK--- DR fl4O (O3/i9,D) Ptiqo 4 15. If applicant is a corporation, partnership, association or a limited liability company, applicant must list ALL OFFICERS, DIRECTORS, GENERAL PARTNERS, AND MANAGING MEMBERS. In addition applicant must list any stockholders, partners, or members with OWNER SHIP OF 10% OR MORE IN THE APPLICANT. ALL PERSONS LISTED BELOW must also attach form DR 8404-I (Individual History Record), and submit finger print cards to their local licensing authority. Name Home Address, City & State Date of Birth Position % Owned* * If total ownership percentage disclosed here does not total 100%, applicant must check this box Applicant affirms that no individual, other than those disclosed herein, owns 10% or more of the applicant Additional Documents to be submitted by type of entity LI CORPORATION LI Cert. of Incorp. LI Cert. of Good Standing (if more than 2 yrs. old) LI Cert. of Auth. (if a foreign corp.) LI PARTNERSHIP LI Partnership Agreement (General or Limited) LI Husband and Wife partnership (no written agreement) LI LIMITED LIABILITY COMPANY LI Articles of Organization LI Cert. of Authority (if foreign company) LI Operating Agrmt. LI 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 to comply with the provisions of the Colorado Liquor or Beer Code which affect my license. Authorized Signature Title Date 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 C.R.S. THE LOCAL LICENSING AUTHORITY HEREBY AFFIRMS: That each person required to file DR 8404-I (Individual History Record) has: Yes No LI Been fingerprinted LI LI LI Been subject to background investigation, including NCICICCIC check for outstanding warrants LI LI That the local authority has conducted, or intends to conduct, an inspection of the proposed premises to ensure that the applicant is in compliance with, and aware of, liquor code provisions affecting their class of license LI LI (C heck One) LI Date of Inspection or Anticipated Date LI Upon approval of state licensing authority. The foregoing application has been examined; and the premises, business to be conducted, and character of the applicant are satisfactory. We do reportthat such license, if granted, will meet the reasonable requirements of the neighborhood and the desires of the adult inhabitants, and will comply with the provisions of Title 12, Article 46 or 47, C.R.S. THEREFORE, THIS APPLICATION IS APPROVED. Local Licensing Authority for Telephone Number LI TOWN, CITY I LI COUNTY Signature Title Date Signature (attest) Title Date ---PAGE BREAK--- Attachment to Liquor Retail License or Fermented Malt Beverage License (Please type or print legibly) • Describe the nature of the proposed establishment and the target market (restaurant, tavern, sports bar, retail store) 2, What are the proposed hours and days of operation for this establishment? 3. I-low many individuals are expected to be employed? I-Tow many will be part-time vs. full time? (Please provide responsibilities, manager, assistant manager, bartender, wait-staff, etc.) 4. What is ypp past training and experience in the sale/service of alcohol beverages. b) Describe your operating manager’s training: c) What type of training is proposed for employees at this establishment? d) What methods will be used to check identification for proper age of patrons? 5. Do you plan to have outdoor seating? Describe how the area will be enclosed and secured. (If you are in the Urban Renewal Area, check with the Community Development Director before adding to or changing any of the outside area). 6. Will the establishment be offering any type of entertainment? (music. pool, darts, other coin-operated devices) ---PAGE BREAK--- 7. What type oI’sccurity, ii any will be provided? 8. What types of alternative beverages and food/snacks will be provided if your establishment is not a proposed 1-lotel & Restaurant License? 9. What is the estimated ratio of food sales to alcohol beverage sales at this establishment? Applicant Signature Date ---PAGE BREAK--- DR 8404-I (01106105) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1881 PIERCE STREET RM 108A DENVER CO 80261 INDIVIDUAL HISTORY RECORD To be completed by each individual applicant, all general partners of a partnership, and limited partners owning 10% (or more) of a partnership; all officers and directors of a corporation, and stockholders of a corporation owning 10% (or more) of the stock of such corporation; all limited liability company MANAGING members, and officers or other limited liability company members with a 1 O% (or more) ownership interest in such company and all managers of a Hotel and Restaurant or a Tavern License. NOTICE: This individual history record provides basic information which is necessary for the licensing authority investigation. All questions must be answered in their entirety or your application may be delayed or not processed. EVERY answer you give will be checked for its truthfulness. A deliberate falsehood or omission will jeopardize the application as such falsehood within itself constitutes evidence regarding the character of the applicant. 1. Name of Business 2. Your Full Name (last, first, middle> 3. List any other names you have used. 4. Mailing address (if different from residence) Home Telephone 5. List all residence addresses below. Include current and previous addresses for the past five years. STREET AND NUMBER CITY, STATE, ZIP FROM TO Current Previous 6. List all current and former employers or businesses engaged in within the last five years (Attach separate sheet if necessary) NAME OF EMPLOYER ADDRESS (STREET, NUMBER, CITY, STATE, ZIP) I POSITION HELD FROM TO 7. List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry. J 8. Have you ever applied for, held, or had an interest in a State of Colorado Liquor or Beer License. or loaned money, furniture or fixtures, equipment or inventory, to any liquor or beer licensee? If yes, answer in detail. Yes No NAME OF RELATIVE RELATIONSHIP TO YOU POSITION HELD NAME OF LICENSEE 9. Have you ever received a violation notice suspension or revocation, for a liquor law violation, or have you applied for or been denied a liquor or beer license anywhere in the U.S.? If yes, explain in detail. Yes No ---PAGE BREAK--- 10. Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited bail for any offense in criminal or military court or do you have any charges pending? Include arrests for DUI and DWAI. (If yes, explain in detail.) []Yes No 11. Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of a deferred sentence? (if yes, explain in detail.) LjYes jiNo 12. Have you ever had any STATE issued licenses suspended, revoked, or denied including a drivers license? (If yes, explain in detail.) [lYes No PERSONAL AND FINANCIAL INFORMATION Unless otherwise provided by law in 24-72-204 C.R.S., information provided below will be treated as CONFIDENTIAL. Colorado liquor licensing authorities require the following personal information in order to determine your suitability for licensure pursuant to 12 47 307 C R S 13a. Date of Birth b. Social Security Number SSN c. Place of Birth d. U.S. Citizen? __JYes_LIN0 e. If Naturalized, State where f. When g. Name of District Court h. Naturalization Certificate Number 1. Date of Certification J. If an Alien, GiveAlien’s Registration Card Number k Permanent Residence Card Number I. Height m. Weight n. Hair Color o. Eye Color p. Sex q. Race r. Do you have a current Driver’s License? If so, give number and state _EJYes_LINo 14. Financial Information. a. Total purchase price $ buying an existing business) or investment being made by the applying entity, corporation, partnership, limited liability company, other b. List the total amount of your investment in this business including any notes, loans, cash, services or equipment, operating capital, stock purchases and fees paid c. Provide detaIls of Investment. You must account for the sources of ALL cash (how acquired). Attach a separate sheet if needed. Type: Cash, Services or Equipment Source:Name of Bank; Account Type and Number Amount d. Loan Information (attach copies of all notes or loans) 15. Give name of bank where business account will be maintained; Account Name and Account Number; and the name or names of persons authorized to draw thereon. Name of Lender and Account Number Address Term Security Amount 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. Authorized Signature Title Date ---PAGE BREAK--- AFFIDAVIT CONCERNiNG CRIMINAL HISTORY I, , swear or affirm: My date of birth I certify that I have not been convicted of any criminal offense (initial) excluding minor traffic offenses of less that eight points but including any traffic offense in which drugs or alcohol were involved. OR I certify that I have been convicted of the following criminal offenses. (initial) List offense, date of conviction, court and case number, and state and county of the court. (Minor traffic offense of less than eight points need not be listed if no alcohol or drugs were involved.) Offense Date of Conviction Court and Case Number State & County of the Court Signature and Date State of Colorado ) ) SS County of Boulder ) Subscribed and sworn to before me on this of 200 (Seal) My commission Notary Public ---PAGE BREAK--- COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division 1375 Sherman St. Denver CO 80261 September, 2005 AFFIDAVIT OF TRANSFER AND STATEMENT OF COMPLIANCE Pursuant to the requirements of 1 2-47-303(3)(b), Colorado Revised Statutes, Licensee hereby states that all accounts for alcohol beverages sold to the Applicant are: LI Paid in full. There are no outstanding accounts with any Colorado Wholesalers. LI Licensee hereby certifies that the following is a complete list of accounts for alcohol beverages that are unpaid: Licensee and Applicant agree that all accounts will be paid for from the proceeds at closing by the: LI Licensee ElApplicant LI Licensee unavailable to certify disposition of accounts for alcohol beverages - Inventory list attached. Transfer by operation of law - Regulation 47-304. LI Applicant will assume full responsibility for payment of the outstanding accounts as listed above. No alcohol beverage inventory transferred or sold. Licensee hereby authorizes the transfer of its Colorado Retail Liquor License to the Applicant, its agent, or a company, corporation, partnership or other business entity to be formed by the Applicant. Dated day , 200 Seller: Buyer: Licensee & License Number Applicant Trade name Trade name Signature Signature Position Position Print Name Print Name ---PAGE BREAK--- PETITION TO THE LOCAL LICENSING AUTHORITY LAFAYETTE, COLORADO Instructions/Qualifications 1. Must be 21 years of age and a resident of the defined neighborhood. 2. OR, must be Owner/Manager of business located within defined neighborhood & 21 yrs of age. 3. Must sign in presence of petition circulator and sign only once. 4.Must sign own given name(first name or first initial & last name) 5. Cannot sign for anyone else. APPLICANT/TRADE NAME: SITE LOCATION: APPLICATION FOR: PUBLIC HEARING: _ DEFINED NEIGHBORHOOD: 1/2 mile radius around business address (see map) Page Petioner’s Initials PETITION ISSUE: If you favor and support this application for a new Beer & Wine License because it is your opinion the reasonable requirements of the adult inhabitants of the defined neighborhood are not now being adequately served by existing businesses that hold the same or similar type of license now doing business in the defined neighborhood, and it is your desire this Beer & Wine license be Issued, please sign and check the FAVOR column to grant the requested license. If you oppose and do not support this application for a new Beer & Wine License, please sign and check the OPPOSE column, and write in your reason why you oppose this license application. This petition/opinion poll is being conducted to determine the reasonable requirements, needs, & desires of the adult inhabitants of the definded neighborhood per the Colorado Liquor Code, Article 47, Title 12, C.R.S., and per local licensing authority rules/procedures. If you think you have been unduly influenced by the petition circulator or have questions or comments concerning the proposed application or survey method, please call: Susan Koster, City Clerk, City of Lafayette [PHONE REDACTED] ---PAGE BREAK--- AFFIDAVIT of CIRCULATOR 1, , do hereby certify that I was the circulator of the attached petitions and further, that I personally witnessed each signature appearing on petitions. To the best of my knowledge, each signature thereon is the signature of the person whose name it purports to be, each address given opposite each name is the true address of the person that signed, that each person who signed the petition represented to be 21 years of age or older, and that each person who signed the petition had the opportunity to read, or have read to them, the petition in its entirety and understand its meaning. I also hereby affirm that no promises, threats, or inducements were employed whatsoever in connection with the presentation of this petition and that every signature appearing hereon was completely free and voluntarily given. Circulator STATE OF COLORADO COUNTY OF BOULDER Subscribed and sworn to before me this of ,20. Notary Public Commission Expires ---PAGE BREAK--- City of Lafayette Petition to the Liquor Licensing Authority Summary Name of Applicant Address of Proposed Licensed Premises Date(s) of Petitioning Total Contacts: Not at Home, or Business Owner/Manager not available Not Qualified to Sign Preferred to Not Participate Signatures Favoring Issuance Businesses Residents Signatures in Opposition Businesses Residents Reasons for Opposition: No Need Abhorrence of Alcohol Religious Objections Usage Objections Miscellaneous No Reason Offered OFFICE USE ONLY Petitions Returned to City Clerk Date Signatures Verified by City Clerk ---PAGE BREAK--- Applicant: DBA: Liquor License Application Boundary Acceptance Form Date: Address: Lafayette, Colorado 80026 Application Date: Public Hearing Date: Petition Due Date: Description of Boundary (See Attached Map): Criteria for Establishing Boundary: mile radius from proposed licensed premises other I hereby acknowledge and accept the boundary as set above. I am aware that the tentative date for the public hearing depends upon timely submittal ofproof of needs and desires of the relevant neighborhood. Signature Title Date: Petitioning Company Contact Person ATTEST Phone As part of the application process for a new liquor license, the Lafayette Liquor Authority will make findings and determinations as to the reasonable requirements and desires of the inhabitants of the neighborhood. The Lafayette City Clerk shall set the boundary of the neighborhood considered affected by the proposed location of a new liquor license. The Clerk shall base the boundary selection on relevant factors such as population density; the nature of the area such as rural, residential, commercial or retail; and the proximity of the proposed site to physical barriers, geographic features or city limits. The applicant or petitioning agent must approve the established boundary or provide an objection in writing to the City Clerk within five days. If the proposed boundary is rejected, the matter may be scheduled for appeal before the Lafayette Liquor Authority at the next regularly scheduled meeting. At said hearing, evidence may be presented for the purpose of modifying the boundaries of the relevant neighborhood. ---PAGE BREAK--- City of Lafayette Local Liquor Licensing Authority LAWFUL PRESENCE AFFIDAVIT SOLE PROPRIETORSHIP New License License Renewal I, swear or affirm under penalty of peiury under the laws of the State of Colorado that (check one): I am a United States citizen, or I am a Permanent Resident of the United States, or I am lawfully present in the United States pursuant to Federal law. I understand that this sworn statement is required by law because I have applied for a public benefit. I understand that state law requires me to provide proof that I am lawfully present in the United States prior to receipt of this public benefit. I further acknowledge that making a false, fictitious, or fraudulent statement or representation in this sworn affidavit is punishable under the criminal laws of Colorado as perjury in the second degree under Colorado Revised Statute 18-8- 503 and it shall constitute a separate criminal offense each time a public benefit is fraudulently received. Signature Date Form of ID Presented: Valid Colorado Driver’s License, Colorado ID card, Military ID, Coast Guard Mariner, or Native American Tribal Documents are acceptable forms of identification STATE OF COLORADO COUNTY OF BOULDER I, Public in and for said County and State, do hereby certify that on this day of , 2006, appeared before me in person and executed the above instrument. TN WITNESS THEREOF, I have hereunto set my hand and seal. Notary Public My commission expires: ---PAGE BREAK--- Finance Dept NO FEE REQUIRED UTh APPLICATION FOR SALES AND USE TAX LICENSE Owner’s or Corporate Name Name of Business (DBA) Business Address (Street, City, State, Zip) Mailing Address (Street, City, State, Zip) Nature of Business (Type of sales/service) Does your business acquire, possess, cultivate, manufacture, produce, use, sell, distribute, dispense, or transport medical marijuana? LJYes LJNo Ownership LI Individual LI Partner Li Corp U Other (explain) Federal Employer Identification Number (FEIN) or Social Security Number (SSN) — Application will NOT be processed if missing State of Colorado Taxpayer Identification Number (TIN) — Application will NOT be processed if missing Filing Period Li LI QUARTERLY U ANNUAL NOTE: If the average for remittance is $40 or reater, filing is required. If less than $40 per year or fewer than two sales transactions are efpected, annual filing is desired. Date business will begin in Lafayette If business was purchased, list name of former owner and business name (if name listed above is new) Sales Tax Contact Name and Title Business phone number Business fax number I, DECLARE, UNDER PENALTY OF PERJURY THAT THIS APPLICATION HAS BEEN EXAMINED BY ME AND THE STATEMENTS MADE HEREIN ARE MADE IN GOOD FAITH PURSUANT TO THE CITY OF LAFAYETTE TAX LAWS AND REGULATION AND, TO THE BEST OF MY KNOWLEDGE AND BELIEF ARE TRUE, CORRECT, AND COMPLETE. Fax (303) 665-2153 Phone (303) 665-5588 Printed Name Signature. Title Please mail or fax the application to: Date City of Lafayette - Sales Tax P0 Box 250 Lafayette, CO 80026 ---PAGE BREAK--- STATE OF COLORADO) COUNTY OF BOULDER) SS: CERTIFICATE OF POSTING CITY OF LAFAYETTE) I, representing Rocky Mountain Center for Musical Arts, do hereby certify that pursuant to the laws of the State of Colorado and the ordinances of the City of Lafayette, Colorado, that I caused the site, 200 E. Baseline, Lafayette, Colorado to be posted for no less than ten continuous days, with the first day of posting occurring on 2005 for a Public Hearing to be conducted on April 5, 2005 for consideration of a Special Event Liquor License Permit. Signature IN WITNESS WHEREOF,, I have hereunto set my hand and the official seal of the City of Lafayette, Colorado, this day of , 2005. CITY OF LAFAYETTE, COLORADO (SEAL) City Clerk ---PAGE BREAK--- TEMPORARY PERMIT APPLICATION RETAIL LIQUOR OR FERMENTED MALT BEVERAGE PLEASE PRINT LEGIBLY Name of Applicant: (Corporation, I .imitcd Liability Company, Individual Trade Name of Establishment (dba): Address of Establishment: Type of Liquor / Beer License Current Licensee: Current Trade Name: The following conditions need to be met in order for the Temporary Permit to be processed: 1. The establishment currently has State and Local Liquor / Beer Licenses, and such licenses were valid at time the Transfer of Ownership Application was filed. 2. The applicant has filed all Transfer of Ownership information as required by State and Local Licensing Authorities with the City Clerks office. 3. The applicant submitted the Temporary Permit Application within 30 days of filing the Transfer of Ownership Application. 4. The applicant acknowledges that the temporary permit is conditional on the issuance of a CO 5. The applicant submitted the $100.00 Temporary Permit Fee to the City of Lafayette. 6. The applicant acknowledges the responsibility of having knowledge of the pertinent Colorado State Statutes and Regulations as set forth in Title 12, Articles 46 and 47, C.R.S., and Chapter 10 of the Lafayette City Code, as amended. 7. The applicant understands that this permit, if granted, shall be valid for 120 days or until the Transfer of Ownership has been granted, and the State and Local Liquor or Fermented Malt Beverage Licenses have been issued, or the application has been denied, whichever comes first. If the license has not been granted within this time period it is the responsibility of the applicant to apply for a 60-day extension of the temporary permit. Mayor’s Signature Signature of Applicant: Date: Date Ratified by Council