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Home My WebLink About20100656.tiff STATE OF COLORADC DEPARTMENT OF REVENUE gOP CO(p Liquor Enforcement Division Business Location 1881 Pierce Street, Suite 108A 4''Qra Lakewood, Colorado 80214 Phone (303)205-2300 FAX(303)205-2341 Bill Ritter,Jr Governo E-mail: LED@spike.dor.state.co.us Roxanne Hube Executive Directo Website: www.colorado.gov/revenue/liquor Laura K.Hard: Division Directo Certificate of Mailing I hereby certify that a true and correct copy of the foregoing STIPULATION, AGREEMENT, AND ORDER duly placed in the United States mail postage prepaid,this 23rd day of March, 2010 addressed as follows: ESTELA TARIN LUZ D/B/A TAQUERIA RANCHO ALEGRE 2538 8TH AVE GREELEY CO 80631 WELD COUNTY CLERK OFFICE BOX 758 GREELEY CO 80632 LIQUOR ENFORCEMENT DIVISION SUPERVISOR/INVESTIGATOR DAVE ZIEMER 800 8TH AVE STE 325 GREELEY CO 80631 • Mrs.Nit am y -- Assistant to Director Colorado Liquor Enforcement Division 1 881 Dente Street,Suite I O8 • Lakewood,Colorado 8O214 • -i U) !.J U) ( rAanLCA-f1MS 2010-0656 03131 00-l5 BEFORE THE EXECUTIVE DIRECTOR, DEPARTMENT OF REVENUE STATE OF COLORADO STIPULATION, AGREEMENT, AND ORDER IN THE MATTER OF: ESTELA TARIN LUZ DB/A TAQUERIA RANCHO ALEGRE 2538 8TH AVENUE GREELEY, COLORADO 80631 LICENSE NO. 28-16911-0000 THIS AGREEMENT BETWEEN the State of Colorado, Liquor Enforcement Division ("Division") and Estela Tarin Luz, d/b/a Taqueria Rancho Alegre, 2538 8`h Avenue, Greeley, Colorado 80631 ("Licensee") is offered for the purpose of settlement of the matters detailed in the Order to Show Cause, Notice of Hearing, and Forfeiture Action attached hereto as Exhibit 1 (hereinafter "Notice"). The above-named parties submit and agree as follows: I. The facts and allegations contained in the Notice are true and accurate. 2. The Licensee agrees to a seven (7) day suspension of her hotel and restaurant liquor license as a penalty for her violations of the Colorado Liquor Code as set forth in paragraph 1 of this stipulation and agreement. Said suspension of Licensee's hotel and restaurant liquor license to take place as follows: A. License to be actively suspended for two (2) days from 12:01 a.m. on April 10, 2010 until 11:59 p.m. on April 11, 2010. B. During any period of active license suspension, Licensee will post her premises in compliance with Regulation 47-600(F), 1 C.C.R. 203-2 . C. Five (5) 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 petitions and the Division agrees that the Licensee shall be allowed to pay a fine in lieu of active suspension in accordance with 12-47-601(3), C.R.S. In this regard, the parties agree as follows: Stipulation, Agreement, and Order Taqueria Rancho Alegre 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 therefrom; and C. That the Licensee has not had her 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 two 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 December 2009 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 April 2,2010. 6. Upon the payment of the fine as agreed upon in Paragraph 5, Licensee's two-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 two-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. Stipulation, Agreement, and Order Taqueria Rancho Alegre Greeley Office Page 3 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. This Stipulation, Agreemeni, and Order shall not be effective unless and until approved by the state licensing authority. CL< a K. Harris Es Tarin Luz Director Taqueria Rancho Alegre Liquor Enforcement Division Date Date APPROVED and ORDERED this / day of M £t L—/t 2010. Roxy uber' Exec ive Director Dep rtment of Revenue State Licensing Authority BEFORE THE EXECUTIVE DIRECTOR, DEPARTMENT OF REVENUE STATE OF COLORADO ORDER TO SHOW CAUSE, NOTICE OF HEARING, AND FORFEITURE ACTION IN THE MATTER OF: ESTELA TARIN LUZ D/B/A TAQUERA RANCHO ALEGRE 2523 8TH AVENUE GREELEY, COLORADO 80631 LICENSE NO. 28-16911-0000 WHEREAS, it has been made to appear to the State Licensing Authority, Executive Director, Department of Revenue, State of Colorado, that Estela Luz Tarin, d/b/a Taqueria Rancho Alegre, 2523 8th Avenue, Greeley, Colorado 80631 ("Licensee"), has violated the statutes or the regulations of the Department of Revenue governing her hotel and restaurant liquor 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 December 11, 2009, the Licensee, through her employee/ agent, Cynthia I. Tarin, permitted the selling, serving, giving, or procuring of an alcohol beverage (Bud Light brand malt liquor) to LG-09-101, a nineteen 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 in or kept for the purpose of violating any of the provisions of this article or article 46 of this title. A) It is alleged that on December 11, 2009, the Licensee used or kept on the licensed premises, one (1) 12 oz. bottle of Bud Light brand malt liquor 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 Taqueria Rancho Alegre 1'a7 go 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 Supervisory Investigator, Brian Small at 303-205-2302 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 date. 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-mentioned Licensee. IN WITNESS WHEREOF, I have here unto set my hand and seal of my office this 5`" day of January, 2010. • "/ RoxyyIub Executive Director Department of Revenue State Licensing Authority Hello