HomeMy WebLinkAbout20061001.tiff STATE OF COLORADO
COLORADO DEPARTMENT OF REVENUE _
Liquor/Tobacco Enforcement Division
Business Location 1,tij J
1881 Pierce Street,Suite 108M Lakewood,Colorado 80214
Phone 303.205.2300
FAX 303.205.2341
Bill Owens
E-mail:LED®spike.dor.state.co.us Governor
Website:www.revenue.state.co.usAiquorenforcement M.Michael Cooke
Executive Director
Matt D.Cook
Division Director
Certificate of Mailing
I hereby certify that a true and correct copy of the foregoing STIPULATION, AGREEMENT AND
ORDER was duly placed in the United States Mail postage prepaid, this 28th day of March, 2006
addressed as follows:
MARK ZITEK
D/B/A HEREFORD BAR AND GRILL
PO BOX 45
HEREFORD, CO 80732
WELD COUNTY CLERK OFFICE
915 10TH ST
GREELEY CO 80632
INVESTIGATOR BRIAN SMALL
LIQUOR ENFORCEMENT DIVISION
800 8TH AVE#325
GREELEY CO 80631
Ni amby
Program Assistant II
Colorado Liquor Enforcement Division
1881 Pierce Street, Suite 108A
Lakewood CO 80214
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Mar 07 06 05: 44a mark zitek 970 895 2210 p. 5 1-11)1/4'
BEFORE THE EXECUTIVE DIRECTOR,DEPARTMENT OF REVENUE
STATE OF COLORADO
STIPULATION,AGREEMENT, AND ORDER
IN THE MATTER OF:
HEREFORD BAR AND GRILL.INC.
DIBIA HEREFORD BAR AND GRILL
30520 WCR 136
HEREFORD,COLORADO 80732
LICENSE NO.23 93266-0000
THIS AGREEMENT BETWEEN the State of Colorado, Liquor Enforcement Division
("Division")and Hereford Bar&Grill,Inc..d/bia Hereford Has&Grill.38520 WCR 136,Hereford
Colorado 80732 ("licenser')is offered for etc purpose of a settlement of the matters detailed in the
Order to Show Cause and Notice of Hearing attached hereto as Exhibit 1(hereinafter"Notice"). The
above-named parties submit and Agee as follows:
1. The facts and allegations contained in the Notice are true and accurate.
2. The licensee agrees to a thirty(30)day suspension of its tavern ltgtludieense as a penalty
for its violation of the Colorado Liquor Code as set forth in Paragraph I of this Stipulation
and Apeman. Said suspension of Licensee's tavern liquor Uterine to take place u
follows:
A. License to be actively suspended for ten(10)days from 12:01 a.m,on Aodll 3,
2006 until 11:59 p.m.on April 12,2006,
B. Twenty (20)days of suspension to he 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 of a similar nature
dosing this period.
C. During any period of active license suspension,Licensee will post its premises in
compliance with Regulation d7-600(F), 1 C.C.R. 203-2.
If at any sok cgucnt hiring or stipulation in lieu of heating,the state licensing authority
should find that the licensee,during the aforesaid one-year period,violated any provision of the
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Mar 07 06 05: 43a mark zitek 970 895 2210 p. 4
Stipulation and Agreement
Hereford Bar&Grill
Page 2
Colorado Boer 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,Agreement,and Order shall not be effective unless and until approved by
the start licensing authority.
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Matt D.Cook Mark Lick
Director Hereford Bar&Grill,Inc,
Liquor Enforcement Division
3 7-zov ' .3 — e —r
Date Date
APPROVED and M day of 20o6.
t
G)710a0All&O
. Michael C-n,k.
executive Director
Dcparuucnc of Revenue
Stare Licensing Authority
S00/S00d YiDIE0_9001.9_..all I➢EZSOlEOE rtj iw3a33tl0313 von — __
BEFORE THE EXECUTIVE DIRECTOR, DEPARTMENT OF REVENUE
STATE OF COLORADO
ORDER TO SHOW CAUSE AND NOTICE OF HEARING
IN THE MATTER OF:
HEREFORD BAR AND GRILL, INC.
D/B/A HEREFORD BAR AND GRILL
38520 WCR 136
HEREFORD, COLORADO 80732
LICENSE NO: 23-93266-0000
WHEREAS, it has been made to appear to the State Licensing Authority, Executive Director,
Department of Revenue, State of Colorado, that Hereford Bar and Grill, Inc., d/b/a Hereford Bar and
Grill, 38520 WCR 136,Hereford, Colorado 80732 ("Licensee"),has violated the statutes or the rules
and regulations of the Department of Revenue governing its tavern liquor license in the following
particulars:
I) Pursuant to 12-47-701, C.R.S., each licensee shall keep a complete set of books of account,
invoices, copies of orders, shipping instructions, bills of lading, weigh bills, correspondence,
and all other records necessary to show fully the business transactions of such licensee, all of
which shall be open at all times during business hours for the inspection and examination of
said state licensing authority or its duly authorized representatives. The state licensing
authority may require any licensee to furnish such information it considers necessary for the
proper administration of this article.
A) It is alleged that, from on or about July 1, 2003 to July 31, 2005, the Licensee failed to
keep retail sales records necessary to show fully the business transactions of the Licensee.
II) Pursuant to Regulation 47-302(A), 1 C.C.R. 203-2, after issuance of a license, the licensee shall
make no physical change, alteration or modification of the licensed premises which materially
or substantially alters the licensed premises or the usage of the licensed premises from the plans
and specifications submitted at the time of obtaining the original license without the prior
written consent of the local and state licensing authorities.
A) It is alleged that, since on or about July 27, 2005, the Licensee made a physical change,
alteration, or modification of the licensed premises, which materially or substantially
altered the usage of the licensed premises from plans and specifications submitted to local
and state licensing authorities. Specifically, the Licensee created a passageway which
enjoins a room located at the rear of the licensed premises and a room located at the rear
of the adjoining premises, for which another liquor licensee, Dorothy M. Zitek, d/b/a
Order to Show Cause and Notice of Hearing
Hereford Bar & Grill
Page 2
Hereford Package Liquor, has legal possession.
III) Pursuant to 12-47-301(3)(a), C.R.S., each license issued under this article and article 46 of this
title is separate and distinct. It is unlawful for any person to exercise any of the privileges
granted under any license other than that which the person holds or for any licensee to allow
any other person to exercise such privileges granted under the licensee's license, except as
provided in section 12-47-403.5.
A) It is alleged that Mark Zitek, principal of the Licensee, exercised the privileges of the retail
liquor store license issued to Dorothy M. Zitek, d/b/a Hereford Package Liquor, a license
that he does not hold, in that Mark Zitek executed the following business checks on behalf
of Dorothy M. Zitek for alcohol beverage purchases and other expenses related to Hereford
Package Liquors:
1) On or about January 19, 2005, check#1124 for a malt liquor purchase, check#1125
for state taxes, and check#1126 to miscellaneous business expense.
2) On or about February 2, 2005, check #1131 and #1132 for malt liquor purchases.
3) On or about March 2, 2005, check #1136 and#1137 for malt liquor purchases.
4) On or about March 16, 2005, check #1140 and #1141 for malt liquor purchases.
5) On or about March 30, 2005, check #1144 for a malt liquor purchase.
6) On or about April 20, 2005, check#1150 and#1151 for malt liquor purchases.
7) On or about May 11, 2005, check #1154 for a malt liquor purchase.
8) On or about May 25, 2005, check #1155, check #1156, and check #1157 for malt
liquor purchases.
9) On or about June 17, 2005, check#1163 for a malt liquor purchase.
10) On or about July 1, 2005, check#1162 for a malt liquor purchase.
11) On or about July 7, 2005, check#1165 for a malt liquor purchase.
IV) Pursuant to 12-47-301(3)(b), C.R.S., at all times a licensee shall possess and maintain
possession of the premises or optional premises for which the license is issued by ownership,
lease, rental or other arrangement for possession of such premises.
A) It is alleged that since on or about June 14, 1998, the Licensee failed to maintain
Order to Show Cause and Notice of Hearing
Hereford Bar& Grill
Page 3
possession of the premises for which the license was issued by lease, rental or other
arrangement for possession of such premises, in that the original lease agreement which
allowed issuance of the original license expire on June 13, 1998.
NOW THEREFORE, you are hereby ordered to appear before me to show cause why your
said license should not be suspended or revoked as by law provided.
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 Laura Harris at 303-205-2382 in the Division 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 of
that hearing date by letter.
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, all prior violations of the
Colorado Liquor or Beer Codes by you as well as any sanctions previously imposed against you.
IT IS FURTHER ORDERED that a copy of this Order to Show Cause and Notice of Hearing
shall be mailed or delivered to the above-mentioned Licensee.
IN WITNESS WHEREOF, I have hereunto set my hand and seal of my office this 11`h day
of January 2006.
71}1
M. Michael Cooke
Executive Director
Colorado Department of Revenue
State Licensing Authority
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