The URL can be used to link to this page

Browse Search

Home My WebLink About20110581 STATE OF COLORADC DEPARTMENT OF REVENUE Liquor Enforcement Division t, ;o p+,�°°°°`°*,, Business Location. ',r :r 1881 Pierce Street, Suite 108A , Lakewood, Colorado 80214 °` Phone(303)205-2300 FAX(303)205-2341 John Hickenlooper Governor E-mail: LED@spike.dor.state.co.us Roxanne Huber Executive Director Website: www.colorado.gov/revenue/liquor Laura K.Harris Division Director Certificate of Mailing I hereby certify that a true and correct copy of the foregoing STIPULATION,AGREEMENT,AND ORDER and duly placed in the United States mail postage prepaid, this 4th day of FEBRUARY, 2011 addressed as follows: KUM&GO, LC D/B/A KUM&GO#913 \-\ a, -j-\,.. t \CL 13799 PACIFIC CIRCLE MEAD,CO 80542 i J11"��c'x t i i (,�� Jtv�nt t 6 \ Ll d :Sy .a,l KUM&GO, LC - 6400 WESTOWN PKWY �1-Ad)il WEST DES MONIES IA 50266 \=',s WELD COUNTY CLERK OFFICE - ! BOX 758 c4/ 8 Zpott. wl ekArla✓u- GREELEY CO 80632 LIQUOR ENFORCEMENT DIVIISON ,j ) INVESTIGATOR/SUPERVISOR DA E ZIEMER S `cl , 11110O(`d x- 2320 RESERVOIR RD STE A GREELEY CO 80634 fo / a alt\ Co- VT - J Mrs.Nit am.9 Assistant to Director Colorado Li9uor Enforcement Division 1881 Pierce Street,Suite 1oaA Lakewood,Colorado 80214 2O11-O581 02_ 22 — c:2O/ f BEFORE THE EXECUTIVE DIRECTOR, DEPARTMENT OF REVENUE STATE OF COLORADO STIPULATION, AGREEMENT, AND ORDER IN THE MATTER OF: KUM AND GO, L.L.C. D/B/A KUM AND GO #913 13799 PACIFIC CIRCLE MEAD, COLORADO 80542 LICENSE NO. 12-40424-0028 THIS AGREEMENT BETWEEN the State of Colorado, Liquor Enforcement Division ("Division") and Kum and Go, L.L.C., d/b/a Kum and Go #913, 13799 Pacific Circle, Mead, Colorado 80542 ("Licensee") is offered for the purpose of settlement of the matters detailed in the Order to Show Cause, Notice of Hearing, and Forfeiture Acton attached hereto as Exhibit 1 (hereinafter "Notice"). The above-named parties submit and agree as follows: 1. The facts and allegations contained in the Notice are true and accurate. 2. The Licensee agrees to a fifteen(15)day suspension of its 3.2%beer license as a penalty for its violation of the Colorado Liquor Code as set forth in paragraph 1 of this stipulation and agreement. Said suspension of Licensee's 3.2% beer license to take place as follows: A. License to be actively suspended for five (5) days from 12:01 a.m. on February 14, 2011 until 11:59 p.m. on February 18, 2011. B. During any period of active license suspension, Licensee will post its premises in compliance with Regulation 47-600(F), 1 C.C.R. 203-2. C. Ten (10)days of suspension to be held in abeyance for a period of one(1)year,from the date of approval of this agreement by the state licensing authority, pending no further violations of the Colorado Liquor Code during this period. 3. The Licensee has filed a written petition to the Division in accordance with Section 12-47- 601(3), C.R.S. requesting that the Licensee be allowed to pay a fine in lieu of active suspension. The petition supports the following: Stipulation, Agreement, and Order Kum and Go #913 Greeley Office Page 2 A. 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; and B. That the books and records of the Licensee are kept in such a manner that loss of sales of alcohol beverages which the Licensee would have suffered had the suspension gone into effect, can be determined with reasonable accuracy therefore; and C. That the Licensee has not had its license suspended or revoked,nor had any suspensions stayed by the payment of a fine,during the two(2)years immediately preceding the date of the complaint which has resulted in this stipulation and agreement. 4. The parties agree that the fine shall be the equivalent of twenty percent (20%) of the Licensee's estimated gross revenues from the sales of alcohol beverages during a period of five days, except that the fine shall not be less than two hundred dollars($200.00)nor more than five thousand dollars($5,000.00). The parties agree that the average day's sales for the month of October 2010 shall be the appropriate measure of said estimated gross revenues. Based upon these records, the amount of the fine has been determined to be $200.00. 5. Payment of the fine pursuant to the provisions of this agreement shall be in the form of a certified check or a cashier's check made payable to the Colorado Department of Revenue. Said fine shall be paid to the Department of Revenue on or before January 31, 2011. 6. Upon the payment of the fine as agreed upon in paragraph 5,Licensee's five-day suspension as set forth in paragraph 2 of this stipulation and agreement shall be deemed automatically stayed. 7. If the Licensee fails to make payment in a timely manner as detailed in paragraph 5 of this stipulation and agreement, the full five-day suspension shall be served as detailed in paragraph 2. 8. The alcohol beverages that were sold or used in the violation described in the Notice are hereby forfeited. If at any subsequent hearing or stipulation in lieu of hearing, the state licensing authority should find that the Licensee, during the aforesaid one-year period, violated any provision of the Colorado Beer or Liquor Codes, including all regulations thereunder, then the state licensing authority shall, in addition to any other penalty imposed, order Licensee to serve all or any days of suspension presently held in abeyance, pursuant to this agreement. Stipulation, Agreement, and Order Kum and Go#913 Greeley Office Page 3 This Stipulation, Agreement, and Order shall not be effective unless and until approved by the state licensing authority. f Lau a K. Harris Craig Bergstrom Director Chief Financial Officer Liquor Enforcement Division Kum and Go, L.L.C. //3/// 17la-4 Date Date APPROVED and ORDERED this pday of tatir 2011. via/0A j Roxy u`b Executive Director Department of Revenue State Licensing Authority BEFORE EXECUTIVE DIRECTOR, DEPARTMENT OF REVENUE STATE OF COLORADO ORDER TO SHOW CAUSE, NOTICE OF HEARING, AND FORFEITURE ACTION IN THE MATTER OF: KUM AND GO, L.L.C., D/B/A KUM AND GO #913 13799 PACIFIC CIRCLE MEAD, COLORADO 80542 LICENSE NO. 12-40424-0028 WHEREAS, it has been made to appear to the State Licensing Authority, Executive Director, Department of Revenue, State of Colorado, that Kum and Go, L.L.C., d/b/a Kum and Go #913, 13799 Pacific Drive,Mead,Colorado 80542("Licensee"),has violated the statutes or the regulations of the Department of Revenue governing its 3.2% beer license in the following particulars: I) Pursuant to Section 12-47-901(1)(a.5)(I), C.R.S., except as provided in Section 18-13-122, C.R.S.,it is unlawful for any person to sell, serve,give away,dispose of,exchange,or deliver or permit the sale, serving, giving, or procuring of any alcohol beverage to or for any person under the age of twenty-one years. A) It is alleged that on October 7, 2010, the Licensee, through its employee/agent, Gina Kussman, permitted the selling, serving, giving, or procuring of an alcohol beverage (Bud Light brand fermented malt beverage) to LG-09-108, an eighteen-year-old Liquor Enforcement Division underage purchaser. II) Pursuant to Section 12-47-907, C.R.S., there shall be no property rights of any kind in any alcohol beverages, vessels, appliances, fixtures, bars, furniture, implements, wagons, automobiles, trucks, vehicles, contrivances, or any other things or devices used or kept for the purposes of violating any provisions of this article or article 46 of this title. A) It is alleged that on October 7,2010,the Licensee used or kept on the licensed premises one (1) 12-ounce can of Bud Light brand fermented malt beverage for the purpose of violating the provisions of article 47, as alleged in paragraph I of this notice. NOW THEREFORE,you are hereby ordered to appear before me to show cause why your said license should not be suspended or revoked as provided by law. Order to Show Cause, Notice of Hearing, and Forfeiture Action Kum and Go #913 Page 2 A pre-hearing meeting with the Liquor Enforcement Division to discuss matters relating to this notice, including the setting of a mutually convenient hearing date, may be arranged upon your request. You should contact Investigations Supervisor, David Ziemer at 970-356-3992 within ten (10) days of the date of this notice to arrange such a conference. If you fail to contact the Division within ten (10) days, a hearing date will be set without further notice to you, and you will then be notified by letter of that hearing date. You are entitled to have an attorney represent you at the hearing. If you should retain an attorney, you should do so well in advance of the hearing. Once a hearing date has been set, a postponement will not be granted except for good cause shown. If you should fail to appear at the scheduled time and place for the hearing, testimony will be taken in reference to the allegations, upon which evidence your license to operate under the terms of the Colorado Liquor or Beer Code may be suspended or revoked. Please be further advised that if the State Licensing Authority does find you in violation of any of the above-cited section(s) of the Colorado Liquor or Beer Code, the State Licensing Authority may consider, in selecting the sanction to be imposed against you, any mitigating or aggravating factors, any prior violations of the Colorado Liquor or Beer Code, as well as any sanctions previously imposed. IT IS FURTHER ORDERED that a copy of this Order to Show Cause,Notice of Hearing,and Forfeiture Action shall be mailed or delivered to the above-named Licensee. IN WITNESS WHEREOF, I have hereunto set my hand and seal of my office this 1s` day of December, 2010. Rox H Executive cutive erector Department of Revenue State Licensing Authority Hello