HomeMy WebLinkAbout20061002.tiff STATE OF COLORADO
COLORADO DEPARTMENT OF REVENUE vont, ,
Liquor/Tobacco Enforcement Division
Business Location til
1881 Pierce Street,Suite 108A.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.us,liquorenforcement 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:
DOROTHY M. ZITEK
D/B/A HEREFORD PACKAGE LIQUOR
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
41
Nit Hamby
Program Assistant 11
Colorado Liquor Enforcement Division
1881 Pierce Street, Suite 108A
Lakewood CO 80214
2006-1002
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Mar O7 O6 O5: 43a mark zitek 97O 895 221O p. 3
BEFORE THE EXECUTIVE DIRECTOR,DEPARTMENT OF REVENUE
STATE OF COLORADO
STIPULATION,AGREEMENT,AND ORDER
IN THE MATTER OP:
DOROTBY M.ZITEIC
D/B/A HEREFORD PACKAGE LIQUOR
38520 WCR 136
RUMFORD,COLORADO 80732
LICENSE NO.24-T7634-0000
THIS AGREEMENT BETWEEN the State of Colorado. Liquor Enforcement Division
('Division') and Dorothy M. Zitek. d/b/a Hertford Package Liquor, 38520 WCR 136.Hereford,
Colorado 80732 ("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 I(hereinafter"Notice"). The
abovc-namad 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 thirty(301 day suspension of its retail Heuer story license as a
penalty for its violation of die Colorado Liquor Code as set forth in Paragraph 1 of this
Stipulation and Agreement_Said suspension of Licensees retail Iiquorstun license to take
place as follows:
A. license to be actively suspended for ten(10)days from 12:01 a.m.on March 20
2006 until 11:59 p.m. on March 30,2006,
B. Twenty(202 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 Cade of a similar nature
dining this period.
C During any period of active license suspension,Licensee will poet its pianism in
compliance with Regulation 47-600(F). 1 C.C.R. 203-2.
If at any subsequent hearing or stipulation in lieu of hearing, the start.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. 2
Stipulation and Agreement
Burford Package Liquor
Page 2
Colorado Bar or Liquor Codes, including oil regulations thereunder, then the state licensing
authority shall,in addition to any other penalty imposed,order Licensee to save all or any days of
suspension patently held in abeyance,pursuant to this agreement.
This Stipulation.Agreement,and Order shall not be effective unless and until approved by
the stare licensing authority.
c
Man D.Cook Dorothy?6k
Director Raeford Package Liquor
Liquor Enforcement Division
3- 7-2ey). G.-- nle,
Date Date
-NCOLA 0APPROVED sod ORDERED This lO day of _J006,
M. Michael Cooke
Executive Director
Department of Revenue
State Licensing Authority
500/E00d aa6t:CO 9002 9!rll__ IPEZS0ZE0E Nrd_ 103X33881.3 t!M1011
BEFORE THE EXECUTIVE DIRECTOR, DEPARTMENT OF REVENUE
STATE OF COLORADO
ORDER TO SHOW CAUSE AND NOTICE OF HEARING
IN THE MATTER OF:
DOROTHY M. ZITEK
D/B/A HEREFORD PACKAGE LIQUOR
38520 WCR 136
HEREFORD, COLORADO 80732
LICENSE NO: 24-77634-0000
WHEREAS, it has been made to appear to the State Licensing Authority, Executive Director,
Department of Revenue, State of Colorado, that Dorothy M. Zitek, d/b/a Hereford Package Liquor,
38520 WCR 136, Hereford, Colorado 80732 ("Licensee"), has violated the statutes or the rules and
regulations of the Department of Revenue governing her retail liquor store 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, Hereford Bar and Grill, Inc.,
d/b/a Hereford Bar and Grill, has legal possession.
Order to Show Cause and Notice of Hearing
Hereford Package Liquor
Page 2
III) Pursuant to 12-47-407 (2), C.R.S., every person selling malt, vinous, and spirituous liquors in
a retail liquor store shall purchase such malt, vinous, and spirituous liquors only from a
wholesaler licensed pursuant to this article.
A) It is alleged that, on or about May 26, 2005, the Licensee purchased malt, vinous, or
spirituous liquors in the amount of$83.93 from Eaton Liquors, a business not licensed to
sell at wholesale.
IV) 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 exercised the privileges of the Licensee's retail liquor store
license, a license that he does not hold, and that the Licensee allowed Mark Zitek to
exercise the privileges of her retail liquor store license, in that Mark Zitek executed the
following business checks on behalf of the Licensee for the Licensee's alcohol beverage
purchases and other expenses:
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.
Order to Show Cause and Notice of Hearing
Hereford Package Liquor
Page 3
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(s), the State Licensing Authority
may consider, in selecting the sanction to be imposed against you, all prior violations of the
Colorado Liquor or Beer Code(s) 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
11th day of January 2006.
M. Michael Cooke
Executive Director
Colorado Department of Revenue
State Licensing Authority
MAIL RECORD DISPLAYED
01/13/05 " - " Er - MAILING ADDRESS M .IN EUANC " , . , 4, _ 0�,
PRE
umNTIN'
`ACTION: __ (A, B,C, J, H,M, N, P.
RED: L2477634 ZITEF DOROTHY M SON: 5: : ,4
FEN:
MAIL CODE: 01 USED BY 10 LIABILITIES : _ OWNERSHIP : INDIVIDUAL
C/O NAME:
MAIL ST: PO BOX 45
CITY: HEREFORD ST: CO ZIP: 80732 PHONE:
CURIS :
E-MAIL:
EFFECTIVE: 050598 (MMDDYY)
ADDED: 05/05/98 P1M
CHANCED:
CMD: PE5=KEY-HELP
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