HomeMy WebLinkAbout20060998.tiff BEFORE THE EXECUTIVE DIRECTOR,DEPARTMENT OF REVENUE
STATE OF COLORADO
STIPULATION, AGREEMENT, AND ORDER
IN THE MATTER OF:
OUR LITTLE STORE, L.L.C.
D/B/A OUR LITTLE STORE
4821 YELLOWSTONE DRIVE
GREELEY, COLORADO 80634
LICENSE NO.41-05629-0000
THIS AGREEMENT BETWEEN the State of Colorado, Liquor Enforcement Division
("Division")and Our Little Store,L.L.C.,d/b/a Our Little Store,4821 Yellowstone Drive,Greeley,
Colorado 80634 ("Licensee")is offered for the 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 agree as follows:
1. The facts and allegations contained in the Notice are true and accurate.
2. In consideration of paragraph 1 above,the Licensee agrees to surrender its 3.2%beer
license#41-05629-0000 to the Liquor Enforcement Division on or before March 31,
2006. If the Licensee fails to surrender said license on or about that date, without
good cause shown, the Division will immediately set this matter for hearing before
the state licensing authority.
This Stipulation, Agreement, and Order shall not be effective unless and until approved by
the state licensing authority.
Matt D. Cook Karen Thompson
Director Our Little Store, L.L.C.
Liquor Enforcement Division
3 20.04 13) '2)06
Date Date
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1,trnnviZvii fiLY b 2006-0998
'101/ C v (0 '. SDI C
Stipulation and Agreement
Our Little Store
Page 2
)70ALAPPROVED and ORDERED this 111- day of 2006.
etta
M. Michael Cooke
Executive Director
Department 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:
OUR LITTLE STORE, L.L.C.
D/B/A OUR LITTLE STORE
4821 YELLOWSTONE DRIVE
GREELEY, COLORADO 80634
LICENSE NO. 41-05629-0000
WHEREAS, it has been made to appear to the State Licensing Authority, Executive
Director, Department of Revenue, State of Colorado, that Our Little Store, L.L.C., d/b/a Our
Little Store, 4821 Yellowstone Drive, Greeley, Colorado 80634 ("Licensee"), has violated the
statutes or the rules and 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), 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 January 7, 2006 the Licensee, by and through its employee/agent,
Emma Luzmoor, permitted the sale, serving, giving, or procuring of an alcohol beverage
(Bud Light brand fermented malt beverage), to LG-06101, 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 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 or about January 7, 2006, the Licensee used or kept on the licensed
premises six (6) 12 oz. bottles 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.
Order to Show Cause and Notice of Hearing and Forfeiture Action
Our Little Store
Page 2
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 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 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 and Notice of
Hearing 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 27`h day
of January 2006.
Aatipaitho�
M. Michael Cooke
Executive Director
Department of Revenue
State Licensing Authority
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