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LA Packet 04-26-2011TOWN OF AVON, COLORADO AVON AVON LIQUOR LICENSING AUTHORITY MEETING FOR TUESDAY, APRIL 26, 2011 MEETING BEGINS AT 5:15 PM AVON TOWN HALL, ONE LAKE STREET PRESIDING OFFICIALS CHAIRMAN RICH CARROLL VICE CHAIRMAN KRISTI FERRARO BOARD MEMBERS DAVE DANTAS, CHRIS EVANS, TODD GOULDING AMY PHILLIPS, ALBERT "Buz" REYNOLDS, JR. TOWN STAFF TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: LARRY BROOKS TOWN CLERK: PATTY MCKENNY ALL LIQUOR BOARD MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS COMMENTS FROM THE PUBLIC ARE WELCOME DURING PUBLIC HEARINGS PLEASE VIEW AVON'S WEBSITE, HTTP: / /WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS AGENDAS ARE POSTED AT AVON TOWN HALL AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY 1. ROLL CALL 2. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA 3. REPORT OF CHANGES: CHANGE OF MANAGER a. Applicant: Fiesta Jalisco Numero Tres LLC, d /b /a Fiesta Jalisco Address: 240 Chapel Place, B129 Former Manager: Jesus Del Toro New Manager: Ricardo Aragon Type: Retail: Hotel and Restaurant License 4. REPORT OF CHANGES: CORPORATE CHANGE b. Applicant: Suncor Energy Sales, Inc. d /b /a Shell Address: 46 Nottingham Road Owners: Steven J. Ewing Manager: Anakut Loya Type: 3.2% Beer Retail License S. RENEWAL LIQUOR LICENSES a. Applicant: Wal -Mart Stores, Inc. d /b /a Wal -Mart Supercenter #1199 Address: 171 Yoder Ave Manager: Matthew Mower Type: 3.2% Beer off Premises License 6. CONSENT AGENDA: a. Minutes from February 8, 2011 7. ADJOURNMENT Avon Council Meeting.11.04.26 Page 2 of 4 Memo To: Avon Local Liquor Licensing Authority Thru: Larry Brooks, Town Manager From: Debbie Hoppe, Court Clerk Date: April 20, 2011 Re: Liquor Licensing Applications Summary: The Avon Liquor Licensing Authority is asked to consider approving a Change in Manager for the following establishments: a. Applicant: Fiesta Jalisco Numero Tres LLC, d /b /a Fiesta Jalisco Address: 240 Chapel Place, B129 New Manager: Ricardo Aragon Former Manager: Juan Carlos Diaz Type: Hotel & Restaurant License Action: Change in manager Discussion: The applicant completed a Report of Change form for the Change in Manager as follows: Ricardo Aragon, new manager at the Fiesta Jalisco has been invited to attend the Liquor Board meeting to answer any questions the Authority may have. The Colorado Bureau of Investigation completed the background investigation on Mr. Aragon; there was a disorderly conduct charge on his background December 27, 2003. Town Manager Comments: DR 8442 (09124109) Page 1 COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION DENVER, COLORADO 80261 {303} - 2052300 PERMIT APPLICATION AND REPORT OF CHANGES FOR DEPARTMENT USE ONLY CURRENT LICENSE NUMBER - ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN LOCAL LICENSE FEE $ `7 5 g 0(Z ) APPLICANT SHOULD OBTAIN A COLORADO LIQUOR & BEER CODE BOOK TO ORDER CALL (303) 370 -2165 1. Applicant is a ❑ Corporation ..................................... El I ividual ❑ Partnership ....... ............................... Limited Liability Company 2. Name of Licensee 3. Trade Name re5 7-A JA 4-15 CO virlE/c'p -3 V -9A tEsrd �Auseo' 4. Location Address .2 ye cAXpez City Aacel County ZIP r''4C4,c &16 Z0 SELECT THE APPROPRIATE SECTION BELOW AND PROCEED TO THE INSTRUCTIONS ON PAGE 2. Manager • License Account No. 1 , ��Q C3 i - b co� `7 2210 -100 (999) ❑ Retail Warehouse Storage Permit (ea) $100.00 � 7� 1983 -750 (999) X Manager's Registration (Hotel & Restr.)..$75.00 2200 -100 (999) ❑ Wholesale Branch House Permit (ea).... 100.00 2260 -100 (999) ❑ Change Corp. or Trade Name Permit (ea) . 50.00 2012 -750 (999) ❑ Manager's Registration (Tavem) ..............$75.00 ❑ Change of Manager (Other Licenses) NO FEE 2230 -100 (999) ❑ Change Location Permit (ea) ..................150.00 2280 -100 (999) ❑ Change, Alter or Modify Premises $150.00 x Total Fee 2220 -100 (999) ❑ Addition of Optional Premises to Existing H/R • Liquor License No. $100.00 x Total Fee 2270 -100 (999) ❑ Duplicate License .. .........................$50.00 1988 -100 (999) ❑ Addition of Related Facility to Resort Complex $75.00 x Total Fee DO NOT WRITE IN THIS SPACE - FOR DEPARTMENT OF REVENUE USE ONLY DATE LICENSE ISSUED LICENSE ACCOUNT NUMBER PERIOD The State may convert your check to a one time electronic banking transaction. Your bank account may be debited as early as the same day received by the -750(999) -100 (999) State. If converted, your check will not be returned. If your check is rejected TOTAL due to insufficient or uncollected funds, the Department of Revenue may collect the AMOUNT DUE $ payment amount directly from your bank account electronically. .00 dR 8442 (09/24/09) Page 3 5. Retail Warehouse Storage Permit or a Wholesalers Branch House Permit ❑ Retail Warehouse Permit for: ❑ On— Premises Licensee (Taverns, Restaurants etc.) ❑ Off — Premises Licensee (Liquor stores) ❑ Wholesalers Branch House Permit Address of storage premise: City County , Zip Attach a deed/ lease or rental agreement for the storage premises. .Attach a detailed diagram of the storage premises. 6. Change of Trade Name or Corporation Name • ❑ Change of Trade name / DBA only ❑ Corporate Name Change (Attach the following supporting documents) 1. Certificate of Amendment filed with the Secretary of State, or 2. Statement of Change filed with the Secretary of State, pn 3. Minutes of Corporate meeting, Limited Liability Members meeting, Partnership agreement. ' Old Trade Name New Trade Name Old Corporate Name New Corporate Name 7. Change of Location NOTE TO RETAIL LICENSEES: An application to change location has a local application fee of $750 payable to your local licensing authority. You may only change location within the same jurisdiction as the original license that was Issued. Pursuant to 12-47 - 311 (1) C.R.S. Your application must be on file with the local authority thirty (30) days before a public hearing can be held. Date filed with Local Authority Date of Hearing (a) Address of current premises • City County Zip (b) Address of proposed New Premises (Attach copy of the deed or lease that establishes possession of the premises by the licensee) Address City County Zip (c) New mailing address if applicable. Address City County State Zip (d) Attach detailed diagram of the premises showing where the alcohol beverages will be stored, served, possessed or consumed. Include kitchen area(s) for hotel and restaurants. DR 8442 (09/24/09) Page 4 8. Change of Manager or to Register the Manager of a Tavern or a Hotel and Restaurant liquor license. (a) Change of Manager (attach Individual History DR 8404 -1 H/R and Tavern only) Former manager's name V S De? I ::t New manager's name 2- o ae•4g (b) Date of manager ever Employment c q ............. ............................... Yes ❑ No Lt Has mana er ever mana ed a liquor licensed establishment? manager have a financial interest in any other liquor licensed establishment ? ............... Yes ❑ No ®' If yes, give name and location of establishment 9. Modification of Premises, Addition of an Optional Premises, or Addition of Related Facility NOTE: Licensees may not modify or add to their licensed premises until approved by state and local authorities. (a) Describe change proposed (b) If the modification is temporary, when will the proposed change: Start (mo /day /year) End NOTE: THE TOTAL STATE FEE FOR TEMPORARY MODIFICATION IS $300.00 (mo /day /year) (c) Will the proposed change result in the licensed premises now being located 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? (If yes, explain in detail and describe any exemptions that apply) ................ ............................Yes ❑ No ❑ (d) Is the proposed change in compliance with local building and zoning laws? ............................Yes ❑ No ❑ (e) If this modification is for an additional Hotel and Restaurant Optional Premises or Resort Complex Related Facility, has the local authority authorized by resolution or ordinance the issuance of optional premises? ......... Yes ❑ No (f) Attach a diagram of the current licensed premises and a diagram of the proposed changes for the licensed premises. (g) Attach any existing lease that is revised due to the modification. l or "1 C-r c72 z7lyl� � Memo To: Avon Local Liquor Licensing Authority Thru: Larry Brooks, Town Manager Eric Heil, Town Attorney From: Debbie Hoppe, Court Clerk Date: April 21, 2011 Re: Report of Changes for Suncor Energy Sales Inc. d /b /a Shell: Corporate Changes Summary: The Town Council serving as the Local Liquor Authority will consider and is asked to act upon a Report of Corporate Change for Suncor Energy Sales Inc. d/b /a/ Shell. The appropriate paperwork was completed & is attached for your review. Discussion: The Colorado Liquor Code, Section 12-47 -301, Licensing in General, states that "a licensee shall report each transfer or change of financial interest in the license to the state licensing authority and, for retail licenses, to the local licensing authority, within thirty days after the transfer or change. A report shall be required for transfers of capital stock of a public corporation; except that a report shall not be required for transfers of such stock totaling less than ten percent in any one year, but any transfer of a controlling interest shall be reported regardless of size. It is unlawful for the licensee to fail to report a transfer required by this subsection (8). Such failure to report shall be grounds for suspension or revocation of the license." As well, the Division of Liquor Enforcement Regulation 47 -304 dictates reporting requirements related to corporations, limited liability companies & partnerships (see last attachment). It is noted that effective 1/27/11 Steven J. Ewing shall be sole Director and Officer (President, Secretary and Treasurer) for the licensee entity, and the "principal person" qualified for the parent entity /sole shareholder, Suncor Energy (U.S.A.) Inc. Financial Implications: The applicant has submitted the appropriate state and local fees for this application. Town Manager Comments: Attachments: ✓ Report of Changes (Form DR 8177) ✓ Articles of Organization ✓ Certificate of Good Standing ✓ Minutes of meeting of Suncor Energy Sales Inc. DR 8177 (05/MS) PAGE 1 COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1378 SHERMAN STREET DENVER CO Mm (303) 205 -2300 H7LED ON BEHALF OF THE APMWANT BYDILL -.rAum VI" ��(lS.�! (303) 7777. CORPORATION, LIMITED LIABILITY COM -PANY AND PARTNERSHIP Liquor and 3.2 Beerlicenses (2355) [I1-LC/PARTNERSHIP SEE INSTRUCTIONS AND (2350) ® CORPORATION FEE SCHEDULE 6N PAGE 2 DO NOT WRITE IN THIS SPACE . CorporatelL.LOJPaMership Name SUNCOR ENERGY SALES INC. 2. state Tex A000unt Number Li Lrcenee Number 4. Trade Name 41„44,268 4;aft 8 SOO Attached List S. Telephone- Number . Address of Loaned Premises 303- 793 -8041 Mul#lple Locations — See Attached List See Attached state ZIP Code 7. Melling Address if different than above City 7800 E. Orchard Rd, Ste 300 Greenwood Village state CO ZIP Code 8. LIST ALL offlcers, directors (corporation) or Managing Members (L.L.C.) 80111 or General Partner(s). Each Officer, Director, Managing Member or Partner MUST FILL OUT a DR 8404-1 P08rdon (Individual History Record). Held I Names r1Ir Drm efs..s., c...s.._ .____ Home Address _ ._. _ _ Doe Replaces 9. LIST ALL 10% (or more) Stockholders or 10% (or more) Members or 10% (or more) Limited Partners. Each person listed Must Fill out a DR 8404-1 (individual History Record) Horne Address I DOS serwoe 11. JPRESIDENT 12. Local Licensing AuUrodty For County n Townichy DO NOT WRITE IN THIS SPACE — FOR DEPARTMENT OF REVENUE USE ONLY Replaces 8011 ATTACHMENT TO DR 8977 REPORT OF LLC CI MQFS RE: SUNCOR ENERGY SALES INC. ` QUESTION #8: List all officers, directors (corporation) or Managing Member X.L.C.) or General Partner(s), Each Officer s , Director, Managing Member or Partner must fill out a DR8404-1 (Individual History Record), SUNCOR ENERGY (U.S.A.) INC. —the 100% shareholder of SuncorEneraysaies Inc. POSITION NAMES HOME ADDRESS ��REP�LACEs�� HELD COB, Pres, John Gallagher VP /Commerce City Refinery Dir— Product Supply Nancy Thonen & Refinery Sales Dir Rackforward Steve Ewing 10897 bullock Ct 03/09/1868 Sales Parker CO 80134 Kendall K. Carbone Secretary Michael E. Korenblat — Treasurer Rob Hartman _ NOTE: Steve Ewing Is qualified as the "principal person" for the parent entity, Suncor Energy (U.S.A.) Inc. QUESTION #9: List all 10% (or more) Stockholders or 10% (or more) Members or 10% (or more) Limited Partners. Each person listed must fill out a DR8404- 1(individual History Record). SUNCOR ENERGY (U.S.A.) INC. —the 100% shareholder of Suncor no Sales Inc. NAME % HOME ADDRESS DOB REPLACES OWNED CITY & STATE Suncor Energy Inc. 100% P O Box 38 N/A NO CHANGE 112 - 4 Avenue S.W. Calgary, Alberta Canada T2P 2V5 - publicly traded company ATTACHMENT TO DR8177 — REPORT OF CHANGES RE: SUNCOR ENERGY SALES INC. ITEM 3. — State Liquor License Number ITEM 4. — Trade Name ITEM S. — Address of Licensed Premises TRADE NAME SITE ADDRESS JURIS LiQ LIC/ SALES TAX EXTENSION 41-44288 - Shell 2410 E. Arapahoe Rd; Centennial 80122 Arap Co -0001 Shell 7273 E. Evans Ave.; Denver 80224 Arap Co -0002 Shell 12401 W. 64th Avenue; Arvada 80004 Arvada -0003 Shell 6400 Sheridan Blvd.; Arvada 80003 Arvada . -0004 Shell 7970 Wadsworth Blvd.; Arvada 80003 Arvada -0005 Phillips 66 16820 E. 6th Avenue; Aurora 80011 Aurora -0007 Phillips 66 14491 E. Colfax Avenue; Aurora 80011 Aurora -0008 Shell 16892 E. lliff Avenue; Aurora 80013 Aurora -0009 Shell 12098 E. Mississippi Ave; Aurora 80012 Aurora -0010 Shell 3385 S. Tower Rd; Aurora 80013 Aurora -0011 Shell 0046 Nottingham Rd; Avon 81620 Avon -0013 Shell 1760 W. Midway Blvd.; Broomfield 80020 Broomfield -0015 Shell 699 S. 8th Street; Colorado Springs 80905 CSC -0016 Shell 1590 S. Academy Blvd.; Colo Spgs 80916 CSC -0017 Shell 4075 Austin Bluffs Pkwy; Colo Spgs 80918 CSC -0018 Shell 506 W. Garden /Gods Rd; Colo Spgs 80907 CSC -0019 Shell 4270 E. Platte Ave; Colo Spgs 80909 • CSC -0020 Shell 7285 E. Hampden Ave.; Denver 80224 Denver -0021 Shell 4650 Peoria Street; Denver 80239 Denver -0022 Shell 1901 S. Sheridan Blvd.; Denver 80227 Denver -0023 Shell 2715 S. Santa Fe Dr.; Englewood 80110 Englewood -0024 Phillips 66 9200 N. Federal Blvd.; Federal Hts 80221 Fed Hts -0025 Shell 5860 S. Kipling St.; Littleton 80127 Jeff Co -0028 Shell 5205 W. Alameda Ave.; Lakewood 80226 Lakewood -0029 M ARTICLES OF INCORPORATION OF SUNCOR ENERGY SALES INC. DbMWAnm DM DORADO SECRETARY OFSTA -ra 20031163773 C $ 100.00 SECRETARY F STATE 05- 20.2003 12:31:42 The undersigned (who, if a natural person, is eighteen years of age or older), acting as incorporator, hereby adopts the following articles of incorporation pursuant to the laws of Colorado: ARTICLE I NAME The name of the corporation is Suncor Energy Sales Inc. ARTICLE H PURPOSE AND DURATION The nature, objects and purposes of the business to be transacted shall be to engage in all lawful business far which corporations may be incorporated pursuant to the laws of Colorado. The corporation shall have perpetual existence. ARTICLE U1 AUTHORIZED CAPITAL; TERMS Section 3.1 Authorized Capita. The aggregate number of shares that the corporation shall have authority to issue is 10,000 shares of common stock, par value $0.01 per share, and 5,000 shares of preferred stock, par value $0.01 per share. Section 3.2 Common Stock. Each holder of shares of common stock shall have the right to one-vote for each share of common stock held of record on the books of the corporation and the entire voting power of the corporation shall be vested in the common stock unless and until the board of directors authorizes and issues shares of preferred stock with voting rights as provided below. In the event of any liquidation, dissolution or winding up of the affairs of the corporation, whether voluntary or involuntary, the net assets of the corporation remaining after payment to the holders of the preferred stock of the full amounts to which they may be entitled if any, shall be distnibuted to the holder of the common stock according to their respective shares. Section 3.3 Preferred Stock. The board of directors of the corporation may, by resolution and within the limits set forth in the Colorado Business Corporation Act, determine the preferences, limitations and relative rights of the shares of preferred stock or may divide the uwa- sei�AOOOt -mast, vt W shares of preferred stock into one or more series sad determine the designation, preferences, limitations and relative rights thereof, Before issuing any shares of preferred stock or any shares of any series of preferred stock created by the board of directors as provided above, an amendment to these Articles of Incorporation shall be made and filed, without the necessity of shareholder action, in accordance with the then applicable requirements of the laws of the State of Colorado. ARTICLE IV VOTING OF SHARES Each shareholder of record entitled to vote in the election of directors shall have one vote for each share of stock standing the shareholder's name on the books of the corporation, except that in the election of directors each shareholder shall have the right to vote all such shareholder's votes for as many persons as there are directors to be elected and for whose election such shareholder has the right to vote. Cumulative voting shall not be allowed in the election of directors or fox any other purpose. . ARTICLE V NO PREEMPTIVE RIGHTS No shareholder of the corporation shall have any preemptive- or other right to subscribe for or otherwise acquire any additional unissued shares of stock, or other securities of any class, or rights, warrants or options to purchase stock or scrip, or securities of any kind convertible into stock or carrying stock purchase warrants or privileges. ARTICLE VI BOARD OF DIRECTORS The corporate powers shall be exercised by or under the authority of, and the business and affairs of the corporation shall be managed under the direction of, a board of directors. The number of directors shall be fixed and maybe altered from time to time as provided in the bylaws of the corporation. The initial number of directors shall consist of one person. The name of the person who is to serve as the initial director until the first annual meeting of the shareholders or until his successor is elected and shall qualify is as follows: M$- $8tMQK -1MU,L Mike Ashar z P1 0' .. '" . ARTICLE VII MUTATION ON DIRECTOR LIABILITY To the fullest extent permitted by the laws of Colorado, as the same exist or may hereafter be amended, a director of the corporation shall not be personally liable to the corporation or its shareholders for monetary damages for breach of fiduciary duty as a director. Any repeal or modification of this Article shall be prospective only and shall not adversely affect any right or protection of a director of the corporation under this Article, as in effect immediately prior to such repeal or modification, with respect to any liability that would have accrued, but for this Article, prior to such repeal or modification. . ARTICLE VIII INDEN NIFICATION The Corporation shall indemnify, to the fullest extent permitted by applicable law in effect from time to time, any person, and the estate and personal representative of any such person, against all liability and expense (including attorneys' fees) incurred by reason of the fact that he is or was a director (or officer) of the Corporation or, while serving as a director (or officer) of the Corporation, he is or was serving at the request of the Corporation as a director, officer, partner, trustee, employee, fiduciary, or agent of, or in sty similar managerial or fiduciary position of, another domestic or foreign corporation or other individual or entity or of an employee benefit plan. The Corporation shall also indemnify any person who is serving or has served the Corporation as director, officer, employee, fiduciary, or agent, and that person's estate and personal representative, to the extent and in the manner provided in any bylaw, resolution of the shareholders or directors; contract, or otherwise, so long as such provision is legally permissible. ARTICLE M BYLAWS The initial bylaws of the corporation shall be adopted by the board of directors. Thereafter the bylaws may be amended or repealed by the board of directors, unless the shareholders, in. amending or repealing a particular bylaw, expressly provide that the directors may not amend or repeal such bylaw. The shareholders may amend or repeal other provisions of the bylaws even though-such provisions may also be amended or repealed by the directors. ARTICLE x OFFICES 10.1 Kgdstered Office and ent. The address of the roOstared office of the corporation is 1675 Broadway, Denver, Colorado 80202. The name of its initial registered agent at such address is The Corporation Company. %%W3&-85LVA -17%MV1 4 r. . d► 10.2 Principal Office. The address of the initial principal office of the corporation is 103 Foulk Road, Suite 202, OVUmington, Delaware 19803, Attention Beth L. Peoples. ARTICLE Xi INCORPORATOR The name and address of the incorporator is: A. Lynn DeGeorge, Hogan & Hartson L.L.P., One Tabor Center, Suite 1500,1200 Seventeenth Street, Denver, Colorado. 80202. ARTICLE XII FILLING AND NOTICE The (a) name or names, and (b) mailing address or addresses of any one or more of the individuals who cause this document to be delivered for filing, and to whom the Secretary of . State may deliver notice of filing of this document if refused, Ware: A. Lynn DeGeorge, Hogan & Hartson L.L.P., One Tabor Center, Suite 1500, 1200 Seventeenth Street, Denver, Colorado 80202. Dated: May QQ 2003. J 4 VON- 8SW1W1- r19sx4 v1 OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE I, Scott Gessler, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, SUNCOR ENERGY SALES INC. is a Corporation formed or registered on 05/20/2003 under the law of Colorado, has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number 20031163773. This certificate reflects facts established or disclosed by documents delivered to this office on paper through 01/25 /2011 that have been posted, and by documents delivered to this office electronically through 01/27/2011 @ 10 :00:53. I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, authenticated, issued, delivered and communicated this official certificate at Denver, Colorado on 01/27/2011 @ 10:00:53 pursuant to and in accordance with applicable law. This certificate is assigned Confirmation Number 7850207. Secretary of State of the State of Colorado +* rsssrsasss* s+* s * * * +s * *ssssss *ssssss + * + + + + * *gnd of Certificates*** ss+►+++*+ + + * + + + + + ++ + + + *. + + + +r + * *+ + + * + + *+ Notice : A ce i cafe &%wd elecrronleaAv from the Coloradoo Swa= of State's Web site is fully and immediately wild and effective. However, as an option, the issuance and validity of a certificate obtained electronically miry be established by visiting the Cert ylcate Confirmation Page of the Secretary of State's Web site, http:!iwww.ses. state. co .M ;br,Cerufi=teSwmhCriterta.do entering the certcocate s confirmatton number displayed on the certfcate, and following the instructions displayed. Confirming the /ssuanc o_f a certificate is mecdy ovdanol and is not necessary to the wild and of erto Issuance of certificatg, For more lgormation, visit our Web site, Business Center and select 'Frequently Asked Questions." CJTW GS D Revised Wu2012M MINUTES OF A MEETING OF SUNCOR ENERGY SALES INC. (THE "CORPORATION ") HELD ON OCTOBER 16, 2010 AT 5801 BRIGHTON BOULEVARD, COMMERCE CITY, COLORADO 80022 (APPOINTMENT AND CONFIRMATION OF OFFICERS OF THE CORPORATION AND GRANT OF AUTHORITY TO PRESIDENT OF CORPORATION) PRESENT: STEVE EWING CHAIRMAN AND SECRETARY The sole director of the Corporation being present, the meeting was called to order by MR. STEVE EWING, who acted as Chairman of the meeting and kept the minutes thereof. CONSTITUTION AND QUORUM Proper notice having been given or waived, and a quorum being present, the Chairman declared the meeting to be regularly called and properly constituted for the transaction of business. APPOINTMENT AND CONFIRMATION OF OFFICERS WHEREAS, the Corporation has received the written resignation of KENDALL CARBONE as President, Secretary, and Treasurer of the Corporation, effective as of 5:00 p.m. on October 7, 2010, which resignation is attached hereto as Exhibit A; WHEREAS, the sole Director of the Corporation determined it was desirable for the Corporation to appoint a new President, Secretary. and Treasurer of the Corporation and confirm the appointment of all the officers of the Corporation as of October 8, 2010. NOW, THEREFORE, ON MOTION DULY MADE AND UNANIMOUSLY CARRIED, IT WAS RESOLVED THAT EFFECTIVE AS OF OCTOBER 8, 2010: 1. The appointment of the persons as officers of the Corporation in the positions listed on Exhib attached hereto is hereby approved and confirmed, and that such persons shall hold their designated offices until their resignation or replacement by the Board of Directors. 2. All persons serving as officers of the Corporation prior to the effective date of this Resolution who are not appointed and confirmed as officers of the Corporation by this Resolution are hereby removed as officers of the Corporation by the Board of Directors. GRANT OF AUTHORITY TO THE PRESIDENT OF THE CORPORATION WHEREAS, effective as of October 27, 2009, the Corporation adopted a resolution granting certain authority to the President of the Corporation (the "October 27, 2009 Delegation °); AND WHEREAS, the sole Director of the Corporation desires to reaffirm and ratify the October 27, 2009 grant of authority for the President of the Corporation (the "October 27. 2009 gM), confirm the extension of the October 27, 2009 GOA to the new President appointed pursuant to this Resolution, and to have the new President acknowledge the October 27, 2009 GOA. NOW, THEREFORE, BE IT RESOLVED THAT EFFECTIVE OCTOBER 8, 2010: 1. ExIgslon of October 27, 2009 GOA to New President. The grant of authority to the President pursuant to October 27, 2009 Delegation shall remain in full force and effect, and shall apply to the new President of the Corporation appointed pursuant to this Resolution. 2. Acknowledgment of October 272009 GOA. The form of the grant of authority attached as an Exhibit to the October 27, 2009 Delegation is reproduced here as Exhibit C, and is acknowledged by the new President. For clarity, to the extent that the President holds both the office of President and one or more other offices of the Corporation, the President shall have the right to exercise the authorities delegated pursuant to this resolution under such other offices. 3. Additional Authorities to the Presid r A. Authority to Delegate. The President is authorized to delegate in writing her authorities contained in this resolution or any part thereof, as she deems reasonable and appropriate to the normal business activities of the Corporation. A copy of any delegations, changes or withdrawals authorized by the President shall be filed with the Secretary of the Corporation or her delegate In writing. B. General Statement of Principle. This resolution and the authority conferred on the President of the Corporation hereby is a broad statement of approved management actions delegated to the President and, therefore, should not be considered an item -by- item listing of what is or Is not permissible. The authorities delegated to the President are broad. As the senior officer of the Corporation, the President has the responsibility for directing the development and Implementation of controls in all operating units reporting to them in sufficient detail to assure the effective monitoring of performance and compliance with the terms of this resolution, with specific authorities which. the President has received, and with those he has delegated. All transactions must be identified and reported in the books of the Corporation according to the generally accepted accounting principles and the policies applicable to the Suncor Energy group of companies. C. Execution Authorities. (1) Ail contracts, documents or instruments in writing of the Corporation requiring signature on behalf of the Corporation may be executed in the name of and on behalf of the Corporation by the President, or by any one officer or employee of the Corporation to whom the President or her delegate has delegated their authority pursuant to these resolutions, subject to the limitations on the authority of the President as set out in these resolutions, by any director of the Corporation or by any two officers of the Corporation, or their delegates in writing. All such contracts, documents or instruments in writing so signed shall be binding upon the Corporation without any further authorization or formality. The corporate seal of the Corporation may, when required or appropriate, be affixed to contracts, documents or instruments in writing executed as aforesaid. The term "contracts, documents or instruments in writing" as used shall include, without limitation, checks, drafts, orders for payment of money, notes, acceptances, deeds, mortgages, hypothecs, charges, conveyances, transfers and assignments of property, real or personal, immovable or movable, caveats, permits, licenses, quit claims, powers of attorney, contracts, agreements, certificates, releases, receipts discharges for the payment of money or other obligations, shares, bonds, debentures, rights, warrants or other securities and all other paper writings. (2) In addition, the President shall have such other powers and shall perform such other duties as may from time to time be assigned to her by resolution of the Board of the Directors of the Corporation. The President may from time to time delegate in writing all or any part of the authority vested In such office to other officers and employees of the Corporation and Its affiliates. CHAIRMAN OF THE MEETING Steve Ewing EXHIBIT A RESIGNATION OF KENDALL CARBONE [SEE ATTACHED] RESIGNATION TO: SUNCOR ENERGY SALES INC. AND TO: THE BOARD OF DIRECTORS THEREOF I, KENDALL CARBONE, hereby tender my resignation as President, Secretary, and Treasurer of SUNCOR ENERGY SALES TNC., such resignation to take effect at 5:00 p.m. on October 7, 2010. DATED this 7th day of October, 2010. ll u&.(.� cca�l e KENDALL CARBONE EXHIBIT B OFFICERS OF SUNCOR ENERGY SALES INC. (THE "CORPORATION ") AS OF OCTOBER 8, 2010 PRESIDENT: STEVE EWING DIRECTOR, RACKFORWARD SALES STEVE EWING SECRETARY: STEVE EWING TREASURER: STEVE EWING EXHIBIT C GRANT OF AUTHORITY TO THE PRESIDENT OF SUNCOR ENERGY SALES INC. (THE "CORPORATION") AS OF OCTOBER 8, 2010 [SEE ATTACHED1 MINUTES OF A MEETING OF SUNCOR ENERGY (U.S.A.) INC., THE SOLE SHAREHOLDER OF SUNCOR ENERGY SALES INC. (THE "CORPORATION ") HELD ON OCTOBER 16, 2010 AT 5801 BRIGHTON BOULEVARD, COMMERCE CITY, COLORADO 80022 P E SENT: JOHN GALLAGHER MICHAEL E. KORENBLAT CHAIRMAN AND SECRETARY The majority of the Directors of Suncor Energy (U.S.A.) Inc., the sole shareholder of the Corporation, being present, the meeting was called to order by MR. JOHN GALLAGHER, who acted as Chairman of the meeting. MR. MICHAEL E. KORENBLAT acted as Secretary of the meeting and kept the minutes thereof. CONSTITUTION AND QUORUM Proper notice having been given or waived, and a quorum being present, the Chairman declared the meeting to be regularly called and properly constituted for the transaction of business. RESIGNATION. ELECTION AND CONFIRMATION OF DIRECTORS WHEREAS the Corporation has received the written resignation of KENDALL CARBONE as the sole director of the Corporation, effective as of 5:00 p.m. on October 7, 2010, which resignation is attached hereto as Exhibit A: AND WHEREAS it is necessary for the sole shareholder to elect a new director of the Corporation for the ensuing year, in the place and stead of the resigning director; AND WHEREAS the Corporation has received from the person to be elected as a director of the Corporation, his consent to act as a director, NOW THEREFORE BE IT RESOLVED THAT: 1, STEVE EWING is hereby elected as a director of the Corporation, effective as of 5:01 p.m. on October 7, 2010, to hold office until the close of the next annual meeting of the sole shareholder of the Corporation, or the signing of a resolution in lieu thereof, until his resignation or until replaced in accordance with applicable law and the By -laws of the Corporation; and 2. The following person is hereby confirmed as the sole director or the Corporation, to hold office until the close of the next annual meeting of the stockholder of the Corporation, or the signing of a resolution in lieu thereof, until his resignation or until replaced in accordance with applicable law and the BY -laws of the Corporation: STEVE EWING l/ CHAIRMAN OF THE MEETING ,John Gallagher Director, Suncor Energy (U.SA) Inc. V S - ARY chael E, nblat Director, S ncor Energy (U.S.A.) Inc. RESIGNATION OF KENDALL CARBONE (See Attached] RESIGNATION TO: SUNCOR ENERGY SALES INC. AND TO: THE BOARD OF DIRECTORS THEREOF 1, KENDALL CARBONE, hereby tender my resignation as a Director of SUNCOR ENERGY SALES INC., such resignation to take effect at 5:00 p.m. on October 7, 2010. DATED this 7th day of October, 2010. KENDALL CARBONE MINUTES OF A MEETING OF SUNCOR ENERGY (U.S.A.) INC. (THE "CORPORATION') HELD ON OCTOBER 15, 2010 AT 5801 BRIGHTON BOULEVARD, COMMERCE CITY, COLORADO 80022 (APPOINTMENT AND CONFIRMATION OF OFFICERS OF THE CORPORATION AND GRANTS OF AUTHORITY TO THE SENIOR OFFICERS OF THE CORPORATION) PRESENT: JOHN GALLAGHER MICHAEL E. KORENBLAT CHAIRMAN AND SECRETARY The majority of the directors of the Corporation being present, the meeting was called to order by MR. JOHN GALLAGHER, who acted as Chairman of the meeting. MR. MICHAEL E. KORENBLAT acted as Secretary of the meeting and kept the minutes thereof. CONSTLTUTION AND QUORUM Proper notice having been given or waived, and a quorum being present, the Chairman declared the meeting to be regularly called and properly constituted for the transaction of business. APPOINTMENT AND CONFIRMATION OF OFFICERS WHEREAS, the Corporation has received the written resignation of KENDALL CARBONE as an officer with the position of Director, Rackforward Sales of the Corporation, effective as of 5:00 p.m. on October 7, 2010, which resignation is attached hereto as Exhibit A; WHEREAS, the majority of the Board of Directors of the Corporation determined it was desirable for the Corporation to appoint a new Director, Rackforward Sales, a new Assistant Secretary of the Corporation, and to confirm the appointment of all the officers of the Corporation; all as of October 8, 2010_ NOW, THEREFORE, ON MOTION DULY MADE, SECONDED, AND UNANIMOUSLY CARRIED, IT WAS RESOLVED THAT EFFECTIVE AS OF OCTOBER 8, 2010: 1. The appointment of the persons as officers of the Corporation in the positions listed on Exhibit B attached hereto is hereby approved and confirmed, and that such persons shall hold their designated offices until their resignation or replacement by the Board of Directors. 2. All persons serving as officers of the Corporation prior to the effective date of this Resolution who are not appointed and confirmed as officers of the Corporation by this Resolution are hereby removed as officers of the Corporation by the Board of Directors. ACKNOWLEDGMENT OF GRANT OF AUTHORITY TO DIRECTOR, RACKFORWARD SALES WHEREAS, effective as of October 27, 2009, the Corporation adopted a resolution granting certain authority to the Director, Rackforward Sales of the Corporation (the "October 27. 8009 Delegation); ; AND WHEREAS, the Board of Directors of the Corporation desires to reaffirm avid ratify the October 27, 2009 grant of authority for the Director, Rackforward Sales of the Corporation (the °October 27. 2009 GOA'), confirm the extension of the October 27, 2009 GOA to the new Director, Rackforward Sales appointed pursuant to this Resolution, and to have the new Director Rackforward Sales acknowledge the October 27, 2009 GOA. NOW, THEREFORE, BE IT RESOLVED THAT EFFECTIVE OCTOBER 8.2010: 1. Extension of October 27, 2009 GOA to New Director, Rackforward Sales. The grant of authority to the Director, Rackforward Sales pursuant to October 27, 2009 Delegation shall remain in full force and effect, and shall apply to the new Director, Rackforward Sales of the Corporation appointed pursuant to this Resolution. 2. Acknowledgment of October 27, 2909 G The form of the grant of authority attached as an Exhibit to the October 27, 2009 Delegation is reproduced here as Exhibit C. and is acknowledged by the new Director, Rackforward Sales. 3. Additional Authorities to the Senior Officers. The "Additional Authorities" granted to the Director, Rackforward Sales pursuant to the October 27, 2009 resolution shall remain in full force and affect, and are hereby reaffirmed. CHAIRMAN OF THE MEETING John Gallagher EXHIBIT A RESIGNATION OF KENDALL CARBONE [SEE ATTACHED] RESIGNATION TO: SUNCOR ENERGY (U.S.A.) INC. AND TO: THE BOARD OF DIRECTORS THEREOF I, KENDALL CARBONE, hereby tender my resignation as an officer of SUNCOR ENERGY (U.S.A.) INC., specifically with the title of Director, Rackforward Sales, such resignation to take effect at 5:00 p.m. on October 7, 2010. DATED this 7T" day of October, 2010. J., KENDALL CARBONE EXHIBIT B OFFICERS OF SUNCOR ENERGY (U.S.A.) INC. (THE "CORPORATION ") AS OF OCTOBER 8, 2010 CHAIRMAN OF THE BOARD: PRESIDENT: VICE - PRESIDENT, COMMERCE CITY REFINERY DIRECTOR, PRODUCT SUPPLY AND REFINERY SALES: DIRECTOR, RACKFORWARD SALES' SECRETARY: ASSISTANT SECRETARY: TREASURER: JOHN GALLAGHER JOHN GALLAGHER JOHN GALLAGHER NANCY THONEN STEVE EWIING MICHAEL E. KORENBLAT SHAWN POIRIER ROB HARTMAN Memo To: Avon Liquor Licensing Authority Thru: Larry Brooks, Town Manager cc: Eric Heil, Town Attorney From: Debbie Hoppe, Court Clerk Date: April 20, 2011 Re: Renewal of Liquor Licenses Summary: The Town Council serving as the Avon Liquor Licensing Authority will consider the following liquor license applications for renewal at its board meeting next week: a. Applicant: Wal -Mart Stores, Inc. d /b /a Wal -Mart Supercenter #1199 Address: 171 Yoder Avenue Manager: Matthew Mower Type: 3.2% Beer Off Premises License Background & Discussion: Colorado Liquor Code, 12 -47 -302, provides for guidelines related to liquor licensing renewals; applications for the renewal of an existing license shall be made to the local licensing authority. The Town Clerk, Town Attorney, and Police Department have reviewed the applications submitted referenced above and the materials are in order. Police Report results are summarized below: a. There have been no alcohol related calls for Wal -Mart during the past year. Financial Implications: There are local and state liquor licensing fees associated with renewal applications that have been submitted to the Town. Town Manager Comments: Attachments: ➢ State of Colorado Forms for Liquor License Renewals ➢ Avon Police Department Background Memos DR 8400 (11/09/06) LIQUOR OR 3.2 BEER LICENSE COLORADO DEPARTMENT OF REVENUE RENEWAL APPLICATION DENVER, COLORADO 80261 Iln�luldlmlmll�lln�llnul�lllu�l�lnllnn�ldluld WAL MART SUPERCENTER #1199 KEVIN GLADDEN 702 SW 8TH ST DEPT 01 -8916 BENTONVILLE AR 72716 -6209 El This renewal reflects no changes from the last ap- plication. Complete page 2 and file now! Yes there are changes from the last application. If applicant is a Corporation or Limited Liability com- pany, use DR 8177 and send in with this renewal. Any other changes of ownership require a transfer of ownership. See your Local Licensing Authority immediately. License Number License Type 09- 49518 -0019 2122 Liability Information 44 003 452910 C 061703 Business Location 171 YODER AVE AVON CO Current License Expires JUN 16, 2011 DEPARTMENTAL USE ONLY Total Amount Due To Paid Date Wholesaler, manufacturer, importer, and public transportation system license renewals do not need Local Licensing Author- ity approval and must be returned directly to the Colorado De- partment of Revenue at least 30 days prior to the current li- cense expiration date. [Ond Is application for renewal must be returned to your CITY OR UNTY Licensing Authority at least 45 days prior to the expira- n date of your current license. Failure to do so may result in ur license not being renewed. Include both pages of this renewal payment. OATH OF APPLICANT 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. A' horized Sig toe Date Business Phone 2/24/11 479 - 273 -6418 the Sales Tax Number Lori Cottrell - Assistant Secretary 09- 49518 -000 REPORT AND APPROVAL OF CITY OR COUNTY LICENSING AUTHORITY The foregoing application has been examined and the premises, business conducted and character of the applicant are satisfactory, and we do hereby report that such license, if granted, will comply with the provisions of Title 12, Articles 46 and 47, C.R.S. THEREFORE THIS APPLICATION IS APPROVED. Local Licensing Authority f�5 Date Signature Title Attest — Dv NOT DETACH D_ N.^ r D EE iAC DO "I CT DtT1Ci -i y ' Make check payable to: Colorado Department of Revenue.The State may convert your DR 8400 (11/09/06) LIQUOR OR 3.2 BEER LICENSE COLORADO DEPARTMENT OF REVENUE check to a one time electronic banking transaction. Your bank account may be debited as 2� RENEWAL APPLICATION early as the same day received bythe State. If converted, your checkwill not be returned. L DENVER, COLORADO 80261 If your check is rejected due to insufficient or uncollected funds, the Department of Rev- enue may tolled the payment amount directly from your banking account electronically Business Name WAL MART SUPERCENTER LICENSE NUMBER (Use for all reference) -7 09- 49518 -0019 PERIOD 06 -12 TYPE OF LICENSE ISSUED CASH FUND STATE FEE 3.2 PERCENT BEER RETAIL CITY 85% OAP LICENSE (OFF PREMISES) 2330 - 100(999) 2122 - 750(999) 2180 - 100(999) $ 50.00 $ 25.00 $ 21.25 TOTAL AMOUNT DUE $ 96.25 A01(02J18/o9) _ORAnO DEPAMENT OF REVENUE AJOR ENFORCEMENT DIVISION 'tb81 PIERCE LAKEWOOD, CO 80261 (303) 205 -2300 ATTACHMENT TO LIQUOR OR 3,2 BEER LICENSE RENEWAL APPLICATION This page must be completed and attached to your signed renewal application form. Failure to Include this page with the application may result in your license not being renewed. Trade Name of Establishment State License Number Wal -Mart Stores, Inc. dba Walmart 1199 09- 49518.0019 1. Operating Manager Home Address Date of $trth Matthew Mower 40 Herfer Rd Po Box 823 2/17/1972 2. Do you have legal possession of the premises for which this application for Iloense is made? Yes No Are the premises owned or rented: leased If rented, expiration date of lease• 0 2 / 1 / 2 017 ❑ 3. Has there been any change In financial interest (new notes, loans, owners, etc.) since the last annual application? If yes, explain In Yes No detail and attach a II of all listing liquor businesses in which these new lenders or owners, (other than licensed financial insttutio►s) are materially interested. ❑ 4. Since the data of filing of the last annual application, has the applicant, or any of its agents, owners, managers„ principals, or lenders Yes No (other than licensed financial institutions), been convicted of a crime? If yes, attach a detailed explanation. ❑ IN 5. Since the date of filing of the last annual application. has the applicant, or any of its agents, owners, managers, principals, or lenders (other than licensed financial institutions), been denied an alcoholic beverage license, had an alcoholic beverage license suspended or Yes No revoked, or had interest in any entity that had an alcoholic beverage license denied, suspended or revoked? H Yes, attach a detailed explanation. CL Does the appfcant, or any of its agents, owners, managers, principals, or lenders (other than licensed financial institutions), have a Yes No direct or indirect Interest in any other Colorado liquor license (nclude loans to or from any licensee, or interest in a loan to arry licensee)? If Ill ❑ yes, attach a detailed explanation. L J 7. Corporation or Urnited Liability Company (LLC) or Partnership applicants mast answer time questions. Since the date of filing of the fast annual license appik ation: Yes No (a) Are there, or have there been: any officers or dkodors; or managing members; or general partners added to or deleted from for 3.2 beer liquor license? ❑ applicant renewal of a or (b) Are there or have them been: any stockholders with"l0% or more of the Issued stock of the Corporation; or any members with Yes No 10% or more membership Interest in the.LLC; or any partners with 10% or more interest in the partnership added to or deleted ❑ from the applicant for renewal of a 3.2 beer or liquor license? (c) If Yes to (a) or (b), complete and attach Form DR 8177: Corporation, Limited Liability Company or Partnership Report of Changes; and all supporting documentation, and fees your Local licensing Authority immediately. 8. Sole proprietorships, Husband -Wife partnerships or Pwtnecain.. ovarafPartnershlow _.. . EVIDENCE OF LAWFUL PRESENCE Each person idarOW above must complete and sign Hie following affidayl. Please make additional copies l necessary. Each parson must also provide a copy of their driver's licmtse or state Issued Identification card. In lieu of form DR 4679, the undersigned swears or affirms under penalty of perjury under the lairs of the State of Colorado that (check one): I am a United States Citizen I am not a United States Citizen but I am a Permanent Resident of the United States 1 am not a United States Citizen but I am lawfully present in the United States pursuant to Federal Law 1 am a foreign national not physically present in the United States 1 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, or fraudulent statement or misrepresentation in this sworn affidavit is punishable under the criminal laws of Colorado Revised Statute 18- 81.><i.3 and It shall con"Ae a separate criminal offense each time a public benefit Is fraudulently received. Signature Printed name Data m0 o o c �, c Q ,± °ao O mW) H s~ ro "U ❑0 �� O� C m C C A C C y, v O@ O CO C C LO Q A C CL w in, G a� w R LO C t� V O O @@ ra A tad C O V co 00 !(� C b w N— M Co In � to car. Z�� o 3.. ° a G o'' g c °c tv oN o �00o ao00000�� . o '° 0 0 0 $ o °o" ° N m? C N N N 0 N 0 w 4 9 @ @ N N E Z 74 N !C a cv 5 9 m 6 8 o W o � v u0 w c o n n w o IR C) ° O A N N N N C C � i N LO WD, co � aF � -O N to 3 O 4 ti O ° co ao q Ir 0 00 t- 0 W 0 3. 7�.. Sy'. 0) 1 t! 1 1 t ! g�00 b v a a w ro , 0 0 0 c u a D A U V v V U U U V 0 V U U w c it 0 o '0 ° O •� m »r m � m ro be 000c�voy Qr000ro'�' � m 0 0 000 °:0 A4 0. w CD CD q9 N V w 0) C C C C !~ s, rr C s~ C C C N U @ U V V cu CJ cU tU V cu V W U Iv V N V @ U GJ V V v V q) V ty k Iv V V t N i.. L W@ l.r S. N V L V L N L M C C C 7 Ql S m 9l Ck y c to con Q1 100 M 07 03 N O! m N N N M N co N � O tM 3 Avon Police Department Liquor License Application Individual Name(s): Mower, Matthew B. Name of Business: Wal -Mart Super Center Type of License: ® Hotel & Restaurant ❑ Special Event Permit Event Name: n/a Date of Event: n/a Location of Business: 171 Yoder Avenue Avon, Colorado 81620 Date Received: April 15, 2011 Photographs /Fingerprints: ® On File ❑ Special Event — N/A Investigation by: ® Detective Sergeant Jonathan Lovins ❑ Detective Aurion Hassinger Date: April 20, 2011 CBI Criminal Investigation (attached): Nothing Local Criminal Investigation: Liquor Code Violations in the past calendar year: ❑ Yes ® No If yes, explain: Smoking violation in the past calendar year: ❑ Yes ® No If yes, explain: ® Background investigation conducted with no problems and or areas of concern. Comments: Several calls for service, no issues on Wal -Mart's or Mr. Mower's part. N.C.I.C. database not accessed on this applicant. Investigation Time: 2 hours. Administration Time: 1 hour. a TOWN OF AVON, COLORADO MINUTES OF THE LOCAL LIQUOR LICENSING AUTHORITY MEETING HELD FEBRUARY 8, 2011 The Avon Town Council acting as the Local Liquor Licensing Authority for the Town of Avon, Colorado convened at 5:45 PM at the Avon Town Hall, One Lake Street, Avon, Colorado. A roll call was taken and Board members of the Authority present were Rich Carroll as Chairperson, and Board members Dave Dantas, Chris Evans, Kristi Ferraro, Todd Goulding, Amy Phillips, and Buz Reynolds. REPORT OF CHANGES: TRANSFER OF OWNERSHIP a. Applicant: Miller's Bottle Shop d /b /a Joe's Liquors Address: 1060 W. Beaver Creek Blvd. #113 Owners: Helen Bird Manager: Scott Seitz Type: Retail Liquor Store License It was noted that all materials were in order for the report of changes for Miller's Bottle Shop d /b /a Joe's Liquors. Board member Ferraro moved to approve the ownership changes; Board member Phillips seconded the motion and it passed unanimously. RENEWAL LIQUOR LICENSES a. Applicant: Miller's Bottle Shop d /b /a Joe's Liquors Address: 1060 W. Beaver Creek Blvd. #113 Manager: Scott Seitz Type: Retail Liquor Store License Chairman Carroll asked if the application materials were in order; it was confirmed that the materials were in order. Board member Dantas moved to approve the renewal of the Retail Liquor License for Miller's Bottle Shop d /b /a Joe's Liquors. Board member Reynolds seconded the motion and it passed unanimously. b. Applicant: SVO Colorado Management, Inc. d /b /a Sheraton Mountain Vista Address: 160 Beaver Creek West Manager: Sheriff Masry Type: Hotel and Restaurant License Chairman Carroll asked if the application materials were in order; it was confirmed that the materials were in order. Board member Phillips moved to approve the renewal of the Hotel and Restaurant Liquor License for SVO Colorado Management, Inc. d /b /a Sheraton Mountain Vista. Board member Ferraro seconded the motion and it passed unanimously. c. Applicant: Fiesta Jalisco Numbero Tres LLC, d /b /a Fiesta Jalisco Address: 240 Chapel Place, B129 Owner/ Manager: Jose G. Rodriguez Type: Hotel and Restaurant License Chairman Carroll asked if the application materials were in order; it was confirmed that the materials were in order. Board member Ferraro moved to approve the renewal of the Hotel and Restaurant Liquor License for Fiesta Jalisco Numbero Tres LLC, d /b /a Fiesta Jalisco. Board member Evans seconded the motion and it passed unanimously. PUBLIC HEARING ON SPECIAL EVENTS PERMIT a. Applicant: the Realm of Caring, Inc. Event Name: the Snowball Music Festival President of Organization: Chris Davis Event Managers: Chad Donnelly, Scott Stoughton, Rob Thomas Location: Harry A. Nottingham Park Event Dates & Times: Friday, March 4, 2011: noon until 10 pm Saturday, March 5, 2011: noon until 10 pm Sunday, March 6, 2011: noon until 7:30 pm Type: Malt, Vinous & Spirituous Liquors Chairman Carroll asked if the application materials were in order; it was confirmed that the materials were in order. An update about the event was provided by event promoter Scott Stoughton; a new map of the park was provided showing stages, etc. Chairman Carroll opened the public hearing, no comments were made, and the hearing was closed. Board member Phillips moved to approve the Special Event Liquor Permit for the Realm of Caring, Inc. Board member Ferraro seconded the motion and it passed unanimously. CONSENT AGENDA Chairman Carroll asked for a motion on the consent agenda. Board member Ferraro moved to approve the consent agenda; Board member Phillips seconded the motion and it passed unanimously. a. Minutes from January 11, 2011 There being no further business to come before the Board, the meeting adjourned at 5:55 PM. RESPECTFULLY SUBMITTED: Patty McKenny, Secretary APPROVED: Rich Carroll Dave Dantas Chris Evans Kristi Ferraro Todd Goulding Amy Phillips Albert "Buz" Reynolds ALB 11.02.08 Page 2 of 2